Using Hawkins's Surround,Field, and Frames Concepts to Understand the Complexities of Special Measures Decision Making in Crown Court Trials

Adjustments to criminal trial processes, called special measures, are available to vulnerable and/or intimidated witnesses giving evidence. Findings from interviews with 13 criminal practitioners suggest that there are notable variations in the uptake of special measures between prosecution witnesses, defence witnesses, and the accused in Crown Court trials. These extend beyond any inequality in their legal provision. This article uses Keith Hawkins's conceptual framework of surround, field, and frames as a heuristic device to understand this differential uptake. The framework delineates the various factors – including the socio‐political, organizational, and attitudinal – which can influence decision‐making practices in relation to special measures. In doing so, this article demonstrates two things. First, that changing the legal provision is unlikely to effect much change in practice, absent specific complementary changes to the field. Second, that Hawkins's framework has potential as an explanatory device in decision‐making contexts outside his own health and safety setting.     

The persistence of collective guilt

Abstract

This paper asks why, despite the obvious difficulties entailed, the notion of ‘collective guilt’ continues to feature in discussions of the responsibilities of one group towards another. The aim is to clarify how it is that the partial success of repeated attempts to distinguish individual from collective guilt and to confine the latter to a pre-modern moment reveals something of our present. The key contributions to this discussion made by Hannah Arendt and Karl Jaspers in relation to Nazi Germany are examined for their ambivalences in this regard, as are some recent developments in international law and politics. The suspicion is that collective guilt is a notion that modern political reason cannot embrace and yet which it cannot entirely disavow: ‘collective guilt’ and the element of fate that it implies is central to our understanding of citizenship, nationhood and political commitment. The paper thus attempts an analysis of the durability of the concept of collective guilt; it is not an evaluation of its usefulness, but an exploration of its persistence.     

Behavior on the ward of personality-disordered inpatients and chronically psychotic inpatients during a three-year stay in a Dutch forensic psychiatric hospital

To gain insight into the behavior of a group of personality-disordered patients and a group of chronically psychotic patients during their stay in a Dutch forensic psychiatric hospital, data on these patients were collected biannually for seven years. Three aspects of the patients’ behavior were examined: the prediction of institutional behavior shortly after admission, changes in the patients’ behavior on the ward during their stay in hospital, and the prediction of these changes. In the personality-disordered patients, observed irritation/anger and aggressive behavior on the ward turned out to be positively related to psychopathy, the PCL-R lifestyle and antisocial facets, and the neuroticism domain. A positive relationship was also found between aggressive behavior on the ward and trait anger. In the chronically psychotic patients, a positive relationship was found between irritation/anger and the PCL-R interpersonal and lifestyle facet. During a stay of three years, the aggressive behavior of both patient subgroups, which was already low at the start, did not decrease further, but their prosocial behavior increased. In the personality-disordered patients, relatively high scores on the antisocial facet of the PCL-R indicated an increase in prosocial behavior, whereas in the chronically psychotic patients no relationship was found between any PCL-R facet and behavior change. Effect studies on treatment programs for forensic psychiatric inpatients have to contend with the problem of a low base rate of institutional aggression. Therefore, we advise that such studies focus not only on a decrease in negative behaviors but also on an increase in positive behaviors.     

Simultaneous Lineups,Sequential Lineups,and Showups: Eyewitness Identification Decisions of Adults and Children

Two experiments were conducted comparing the identification accuracy of children aged 3–15 years (N = 307) and undergraduates (N = 384) using target-present and target-absent simultaneous and sequential lineups and showups. Correct identification rates tended not to vary across either age of subject or identification procedure. However, children show a significant tendency to guess as indicated by their lower rate of correct rejection when the target is absent. The tendency for children to make false positive choices was particularly evident with showups.     

Navigating Get-Tough and Support-Oriented Philosophies for Improving School Safety: Insights from School Administrators and School Safety Staff

American Journal of Criminal Justice - Schools in the United States are increasingly faced with the challenge of navigating two seemingly contradictory approaches to school safety. On the one hand,...