Offenders' lies and truths: an evaluation of the Supreme Court of Sweden's criteria for credibility assessment

Abstract

The criteria used by Swedish courts for assessing credibility of plaintiffs' accounts were for the first time scientifically evaluated. Furthermore, unlike much previous deception detection research, we used offenders as participants instead of college students. False and truthful confessions by 30 offenders were analysed, and few significant effects were obtained. Truthful confessions were rated as having a higher degree of clarity than false confessions. Women's truthful confessions were rated as more credible than their false confessions. The offenders who were most experienced in being interviewed by the police gave a stronger impression of talking about something self-experienced in their false than in their truthful confessions; hence, it seems that offenders with more police interview experience have developed a kind of expertise in telling a convincing lie about crime. Overall, the criteria for credibility assessment used by Swedish courts had very limited usefulness in discriminating truthful and false confessions. A critique of the current status of evaluating statements in Swedish courts is provided.     

The relationship between parents and adult children in the economic culture of rural Netherlands, 1880–1910

This study examines the complexity of contradictory interests in the relationship between parents and adult children among agricultural wage laborers in rural Netherlands about 1900. One important potential issue of conflict was the marriage of children. In the case of wage laborers, Hajnal's independent livelihood theory is not really helpful in explaining regional differences in age at marriage. Marriage is viewed as a problem of balance and competition between the livelihood problems of parents and children. Two main issues of wage laborers are dealt with: the help adult children give to elderly parents and the control of the earnings of unmarried adolescent and adult children by their parents. Regional variations in children's help and parental control are measured and explained using four independent variables: extent of property ownership by wage laborers, extent of their production for the market (and need for unpaid family labor), wage level, and percentage who belonged to traditional religions in the village. Statistical analysis suggests that the property of agricultural wage laborers was most important in explaining variation in parent–child relationships. Wage level and religion also showed considerable explaining power, particularly for wages earned by unmarried children.     

Lowering the Bar: Privileged Court Filings as Substitutes for Press Releases in the Court of Public Opinion

In the civil lawsuit against Kobe Bryant for sexual assault, the judge admonished lawyers for engaging in “public relations litigation”—the use of pleadings to attract media attention and try cases in the court of public opinion. This article examines the legal ramifications of such practices and the doctrines of law that encourage some lawyers and litigants to use pleadings as a form of press release. These include the law of republication and the fair report and judicial privileges as well as the power of judges to gag trial participants. The article concludes that courts have adequate tools to control such practices, and lawyers and public relations professionals can responsibly use court documents to communicate with the public, so long as they do not abuse the judicial process.     

Through the meshes of patriarchy:

This article offers an analysis of women's life and status within the peasant family of the Saguenay region (Quebec) prior to the completion of the settlement process. After a brief survey of the literature in the field, a variety of sources (including several bodies of oral data) is analyzed, offering the conclusions that: (1) it is useful to carefully distinguish between the macro-social or societal level (State, Church, capital …) and the micro-social sphere of the family and the conjugal couple; (2) the societal scale was made up of unambiguously patriarchal powers, norms, and institutions, whereas at the micro-social level, the reality was much more complex and offered a great deal of diversity; (3) societal constraints heavily influenced the conjugal relationship but not in a deterministic way. The latter remained a social area where the women, somehow, remained able to maneuver, to negotiate and to assert themselves; (4) the same can be said of the thesis that male ownership and control of the means of production necessarily entailed subordination and proletarianization of the married women; and (5) it would be fruitful to explore the idea that male domination was mostly rooted and secured not in the family but in the societal arena.     

Sperm elution: An improved two phase recovery method for sexual assault samples

This report describes the validation of a two phase cell recovery technique for the elution of two common cell types, epithelia and spermatozoa, from frequently examined items submitted as part of sexual assault casework. Furthermore, separation of cell types prior to microscopic examination of cell pellets improves the scientist's confidence in observing and scoring spermatozoa that may be present. During the validation, Orchid Cellmark's Sperm Elution© method consistently recovered a greater number of spermatozoa from simulated sexual assault items and swabs taken following consensual sexual intercourse compared to a water extraction technique. On average the Sperm Elution method recovered over twice the number of spermatozoa compared to the water method. The ability to separate the cell types present allows a rapid microscope slide search for spermatozoa and faster DNA extraction protocol in comparison to Cellmark's previous preferential method.     

Mapping an agenda for the study of youth sexual aggression in Europe: assessment,principles of good practice,and the multilevel analysis of risk factors

ABSTRACT

Sexual aggression is a serious threat to young people's sexual health in Europe, but establishing the exact scale of the problem has been hampered by a variety of conceptual and methodological problems. This article presents a framework for studying youth sexual aggression that addresses both prevalence and risk factors of victimisation and perpetration. It proposes a research tool to comprehensively assess the perpetration of, and victimisation by, sexual aggression that captures different coercive strategies, sexual acts, victim–perpetrator relations, and gender constellations. The instrument is rooted in a clear conceptual definition of sexual aggression and was pilot-tested in 10 countries of the European Union (EU). Furthermore, a list of good practice criteria is proposed to promote the quality and comparability of research on youth sexual aggression in Europe. A multilevel approach combining individual-level and country-level predictors of sexual aggression is outlined and illustrated with data from the pilot study in 10 countries.     

A study of stranger rapists from the English high security hospitals

Abstract

Heterogeneity hinders our understanding of sexual violence; but does this problem extend to stranger rape and, if so, would the construction of homogeneous subtypes advance our understanding of this crime and aid criminal investigations and clinical practice? To answer these questions, 41 stranger rapists from the English high security hospitals were examined using version 3 of the Massachusetts Treatment Centre rapist typology (MTC:R3) and multidimensional scaling (MDS). The MTC:R3 suggested that sexual desire and opportunism were the primary motivations for these men, but that proportionately more psychopaths were violent and sadistic. In accordance with previous research, the men experienced problematic childhoods and displayed high rates of criminality and psychiatric morbidity in adulthood. However, MDS found that rapist histories and offence behaviours generally divide into sexual and violent themes. These results have important implications for theory, criminal investigations and clinical practice.     

Eliciting cues to deception by tactical disclosure of evidence: The first test of the Evidence Framing Matrix

Purpose. Research on real‐life suspect interviews shows that disclosure of evidence is a very common tactic and that it occurs in all phases of the interview. It is therefore remarkable that there is hardly any research on the effectiveness of different disclosure tactics. The aim of this study was to examine the effects of three different disclosure tactics: presenting the evidence early and two versions of the Strategic Use of Evidence (SUE) technique. Methods. For the SUE‐Basic technique (SUE‐B), the evidence was disclosed late in the interview. For the SUE‐Incremental technique (SUE‐I), we used a stepwise disclosure tactic derived from the so‐called Evidence Framing Matrix. The tactic consists of revealing evidence of increasing strength and precision. A mock‐theft scenario was employed with 195 participants who were randomly allocated to one of six conditions: guilty or innocent suspects were interviewed with one of the three techniques. Two measures of inconsistency were used as dependent variables: statement‐evidence inconsistency and the newly developed within‐statement inconsistency. Results. By interviewing with SUE‐I, strong cues to deception were elicited, especially for the statement‐evidence inconsistency variable. For the SUE‐B, significant but smaller differences between guilty and innocent suspects were obtained. Conclusions. We found that both when and how the evidence was disclosed moderated the effectiveness of disclosure. With respect to when, it was more effective to disclose the evidence late (vs. early), and with respect to how, it was more effective to disclose the evidence in a stepwise (vs. direct) manner. The tactical aspects of evidence disclosure are discussed.     

Victim age,attractiveness and,abuse history as factors in the perception of a hypothetical child sexual abuse case

Abstract

This study examines the effect of victim age, victim attractiveness, the victim's abuse history and respondent gender have on attributions of blame and credibility towards a female victim in a hypothetical child sexual abuse case. A total of 397 respondents from a community sample read a hypothetical child sexual abuse (CSA) scenario in which victim age, victim attractiveness and the victim's abuse history were manipulated. Respondents then completed a 16-item blame attribution questionnaire. Several predictions were made. First, a 10-year-old victim would be deemed less blameworthy and more credible than a 15-year-old victim. Secondly, an attractive victim would be viewed more positively, and attributed less blame, than an unattractive victim. Thirdly, a victim with previous history of being sexual abused—either by the same or different perpetrators—would be deemed more culpable for their own CSA than a first time victims. Finally, female respondents were expected to take a more pro-victim and anti-perpetrator stance than males. Whilst comparatively few differences were found across victim attractiveness and abuse history. Overall findings were broadly in line with predictions. It was concluded that victim age and respondent gender play particularly important roles in the attribution of blame towards victims and perpetrators of child sexual abuse.     

Democratic consolidation and parliamentary reform in Russia, 1990–93

It is a commonly held view that the Russian parliament, created in the late period of perestroika, possessed powers and structures that were incongruous with the process of democratic consolidation.’ It is a mistake, however, to suggest that parliamentary deputies failed to appreciate the problems that hampered both the parliament's work and its relationship with executive organs. Many deputies in both the All Union and Russian assemblies were committed to the creation of a ‘professional parliament’, and numerous reforms were put forward to resolve what some deputies called the ‘crisis of parliamentarism’ in Russia. These reforms, proposed by democrats and conservatives alike, raise new questions about the aims and objectives of deputies in Russia's first post‐Soviet parliament. What did deputies understand by the notion of a ‘professional parliament'? In what form did deputies envisage the new system of government? Were the many, often competing, proposals for parliamentary reform conducive to the achievement of democratic consolidation in Russia? This article will attempt to answer these questions by examining the proposals for parliamentary reform in the Russian parliament between 1990 and 1993.