Recent developments

The tertiary sector is operating in an increasingly market-driven environment. Teaching standards are under intense scrutiny as universities strive to meet the expectations of students exercising consumer choices. Continuing professional development programmes have a pivotal role in supporting and shaping best practice in modern law schools. Early career academics in both the New Zealand and British university systems share similar teaching and learning objectives.

However, the respective professional development programmes have different compliance regimes. The United Kingdom has adopted a scheme of formal training and teaching accreditation, supported by the UK Professional Standards Framework. In New Zealand mandatory training requirements are more limited. It is submitted that New Zealand universities should similarly require probationary academics to undertake a formal programme which promotes an understanding of the scholarship of teaching. It is further argued that programmes in both jurisdictions should emphasise subject-specific pedagogical knowledge to expose law teachers to the distinct academic and vocational aspects of their discipline.     

“Strength at Home” Group Intervention for Military Populations Engaging in Intimate Partner Violence: Pilot Findings

In this brief report, we present information on the Strength at Home intervention to treat male active duty or military veteran perpetrators of intimate partner violence (IPV) as well as preliminary pilot study findings. Strength at Home is a 12-session cognitive-behavioral group intervention developed by the authors that is based on a social information processing model of IPV perpetration. Six men referred to two intervention groups and five collateral female partners participated in this pilot study. Findings indicated large reductions for most indices of physical and psychological IPV from pre-treatment to 6-month follow-up. These initial results are promising though the small sample size and other study limitations preclude our ability to draw firm conclusions.     

A complicity continuum of state crime∗

State crime scholars and radical criminologists have struggled to draw distinctions between state-initiated and statefacilitated state crimes and state-corporate crimes. The first of these, a less contentious concept, denotes an explicit and distinct action by a state for the furtherance of its organizational goals which violates law or produces social injury. State-facilitated and state-corporate crimes have been defined as implicit actions or inactions by the state which facilitate social injury, harm, or violations of law. Here we seek to establish more clearly the parameters of the phenomenon of state crime by creating a multidimensional continuum of state crime complicity. A sample of cases found in the radical-state and state-corporate crime literature are placed on or between the two extremes of the continuum: commission-omission behavior and implicit-explicit policy.     

Producing facial composite sketches in remote Cognitive Interviews: a preliminary investigation

Justice systems around the world are increasingly turning to videoconferencing as a means to reduce delays and reduce costs in legal processes. This preliminary research examined whether interviewing a witness remotely – without physical co-presence of the witness and interviewer – could facilitate the production of quality facial composite sketches of suspects. In Study 1, 42 adults briefly viewed a photograph of a face. The next day they participated in Cognitive Interviews with a forensic artist, conducted either face-to-face or remotely via videoconference. In Study 2, 20 adults participated in videoconferenced interviews, and we manipulated the method by which they viewed the developing sketch. In both studies, independent groups of volunteers rated the likeness of the composites to the original photographs. The data suggest that remote interviews elicited effective composites; however, in Study 1 these composites were considered poorer matches to the photographs than were those produced in face-to-face interviews. The differences were small, but significant. Participants perceived several disadvantages to remote interviewing, but also several advantages including less pressure and better concentration. The results of Study 2 suggested that different sketch presentation methods offered different benefits. We propose that remote interviewing could be a useful tool for investigators in certain circumstances.     

Stolen Art Restitution Claims and the Exhaustion of Local Remedies: How Foreign-Based Plaintiffs are Able to Succeed Under the Foreign Sovereign Immunity Act

Stolen art restitution claims under the Foreign Sovereign Immunity Act (“FSIA”) present unique procedural issues that implicate the history, purpose, and objectives of the FSIA. At the forefront of these issues are how foreign-based plaintiffs are able to bring suits against foreign governments or foreign citizens in US Federal Courts. Whether these foreign-based plaintiffs must exhaust local remedies in their country of origin is another issue that these kinds of suits typically have courts resolve. This article provides answers to these issues through a historical discussion of the implementation of the FSIA and an analysis of recent case law.     

Discursive ethnomethodology: Analysing power and resistance in talk

Abstract

In order to better understand relationships between forms of institutional discourse and social interaction we outline an approach to the study of power in talk which we call discursive ethnomethodology. Following commas on approaches to the study of language and power, we illustrate our framework through analysis of an interview between a police officer and suspect where the latter exhibits a ‘right to silence’. Essentially, our approach distinguishes between two aspects of talk as event the immediate participation context, end the discursive or ‘folk-model’ resources employed by participants in context. Corresponding to these aspects are implicit/explicit expressions of power and resistance and externally available discursive objects. Through example extracts we illustrate how this framework can be employed in forensic psychology, bringing together both discursive psychology and critical discourse analysis alongside the ethnomethodological orientation of conversation analysis.     

Adaptation of the Basic Empathy Scale among a Portuguese sample of incarcerated juvenile offenders

The main aim of the present study was to examine the psychometric properties of the Basic Empathy Scale (BES) and of its adapted short version among a forensic sample of incarcerated male juvenile offenders (N = 221). The Portuguese validations of the BES and its adapted short version demonstrated good psychometric properties, namely in terms of the two-factor structure, internal consistency, convergent validity, discriminant validity, and concurrent validity that generally justifies its use among this population. Statistically significant associations were found with callous–unemotional traits and social anxiety. Findings are discussed in terms of the use of the BES and its adapted short version with juvenile offenders.