Sequential Lineup Laps and Eyewitness Accuracy

Police practice of double-blind sequential lineups prompts a question about the efficacy of repeated viewings (laps) of the sequential lineup. Two laboratory experiments confirmed the presence of a sequential lap effect: an increase in witness lineup picks from first to second lap, when the culprit was a stranger. The second lap produced more errors than correct identifications. In Experiment 2, lineup diagnosticity was significantly higher for sequential lineup procedures that employed a single versus double laps. Witnesses who elected to view a second lap made significantly more errors than witnesses who chose to stop after one lap or those who were required to view two laps. Witnesses with prior exposure to the culprit did not exhibit a sequential lap effect.     

Taking Care of Strasbourg: The Status of the European Convention on Human Rights and the Case-Law of the European Court of Human Rights in Kosovo’s Domestic Legal System

This paper addresses the position of the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR) case-law in Kosovo’s domestic legal order. To begin with, it reviews the background of the issue of human rights in Kosovo highlighting its distinct position and perspective. This article then analyses the position held by the European Convention on Human Rights and its protocols in Kosovo’s legal order while also addressing the ECHR’s constitutionalization, its direct effect and the constitutional review on basis of it. The paper then examines whether the case-law of the ECtHR is binding in Kosovo, whether it is directly effective, and whether Kosovo’s Constitutional Court can use it as a ground in the conduct of constitutional reviews. This paper argues that the ECHR and the case-law of the ECtHR both hold a privileged status under Kosovo’s constitutional law, despite Kosovo not being a party to the ECHR and, therefore, having no international liability to implement the ECHR. In addition, the paper offers certain arguments regarding the relative positions of the ECHR and the case-law of the ECtHR within the current practice of Kosovo’s judicial system. This paper concludes with the argument that the ECHR and the case-law of the ECtHR hold a privileged status in the context of Kosovo’s domestic legal order—one which could serve as a precedent in respecting human rights and freedoms.     

Variation in Adult and Juvenile Arrest Rates: The Influence of City Size and Metropolitan Environment

Since the mid-1990s, the index crime rate has steadily decreased while the rate for Part II offenses has increased. The current study examines these differences from 1990 to 2004 using arrest rate data from the 35 largest cities in the state of Texas. Cluster regression analyses is employed to examine the effect of city size and city location, whether the city is part of a larger metropolitan area or “stand-alone,” to explain variation in juvenile and adult arrest rates by category of offense (violent, property, Part II) while controlling for the influence of social disorganization variables. Findings indicate that differences exist in the arrest rates for almost all types of offenses in mid-size versus very large cities. Contrasting adult versus juvenile arrest rates, city size and city location offer limited explanation for variation over time. Implications of these findings are discussed in the context of suggested policy and research directions.     

Iraq and the case for Australian war crimes trials

This article presents the case for Australian war crimes trials, following Australian participation in the invasion of Iraq and the subsequent deaths of as many as a million Iraqi civilians. It focuses on jus in bello (war crimes) rather than jus ad bellum (just war). The article sets out the argument and rationale that Australian war crimes trials are needed. Having established the necessity, the article identifies two of the principal alleged atrocities for which Australian officials should be held criminally accountable. It details Australian military support for the use of cluster bombs against civilians during the 2003 invasion, and senior Australian military commanders’ responsibility for planning and carrying out multiple purported war crimes during the attack on Fallujah in late 2004. The article recognises that, in order for Australian officials to be prosecuted under the International Criminal Court (ICC), all domestic remedies must be first exhausted. It therefore specifically addresses which Australian laws can be used, with particular emphasis on anti-terrorist legislation passed in 2002 under the Howard Government and the introduction into Australia’s domestic federal criminal legislation offences equivalent to the ICC Statute offences of genocide, crimes against humanity and war crimes. These provide the most applicable legal tools for prosecuting senior Australian officials for war crimes in Iraq.     

Nanotechnology and the US national innovation system: continuity and change

A substantial literature on nanotechnology innovation and commercial development has characterized several elements of these phenomena as constituting new developments in the US national innovation system. Among these elements are the (asserted) “post-academic” nature of US universities’ involvement with nanotechnology R&D, and federal funding of nanotechnology R&D on goals related to economic competitiveness. This paper challenges the “novelty” of these elements, while suggesting that other elements of nanotechnology R&D, including the extensive patenting of the results of nanotechnology-related research and the emphasis within many university-industry collaborations on patent-based channels for “technology transfer,” may indeed be new and raise questions for the long-term efficiency and innovative performance of nanotechnology-related R&D.     

Zoologian Jurisprudence

This essay examines the iconography and role of animals in medieval and early modern bestiaries. In being without original sin “God’s creatures” were deemed proximate to divine perfection and to salvation. Animals, whether symbolic or actual, both instructed man’s moral behaviour and ushered man towards salvation. Bestiaries, it will be argued, are keys to understanding how modern law would eventually co-ordinate itself in relation to the concept of a future salvic moment.     

Voluntary versus enforced tax compliance: empirical evidence for the “slippery slope” framework

The “slippery slope” framework is an alternative approach for research in tax compliance that suggests two key variables to obtain taxpayers’ compliance: trust and power. Furthermore, two forms of compliance are distinguished. It is hypothesized that voluntary compliance depends primarily on trust in authorities, whereas enforced compliance is a function of the power attributed to authorities. Using a large data set (N = 3,071) on taxpayers from Austria, the United Kingdom, and the Czech Republic, these hypotheses could be confirmed. Furthermore, whereas voluntary compliance seems to be positively related to age and education, enforced compliance is negatively related to education.