Seeking or controlling the truth? An examination of courtroom questioning practices by Canadian lawyers*

ABSTRACT

The questioning practices of Canadian lawyers were examined. Courtroom examinations (N?=?91) were coded for the type of utterance, the assumed purpose of the utterance, and the length of utterance. Results showed that approximately one-fifth of all utterances were classified as productive for gathering reliable information (i.e. open-ended, probing); less than one percent of all utterances were open-ended. Direct examinations contained more closed yes/no, probing, and open-ended questions. Cross-examinations contained more leading and clarification questions, and opinions. Moreover, cross- (vs. direct) examinations contained more questions with a ‘challenging the witness’ purpose. The longest utterances were opinions, followed by multiple and forced-choice questions. The longest answers were in response to open-ended questions, followed by multiple and probing questions. Implications for the truth-seeking function of the judiciary are discussed.     

Parenting Style and Bullying and Victimization: Comparing Foreign-Born Asian,U.S.-Born Asian,and White American Adolescents

Journal of Family Violence - The purpose of the study is to explore whether the association between types of parenting styles and bullying and victimization are similar across White American,...     

The influence of shared R&D-project innovativeness perceptions on university-industry collaboration performance

The Journal of Technology Transfer - University-industry collaboration (UIC) partners’ different organizational backgrounds entail socialization with distinct thought worlds, management...     

Sebastian Heilmann,Red Swan: How Unorthodox Policy Making Facilitated China’s Rise

Journal of Chinese Political Science -     

Proper Names in the Legal Terminology of the English Language

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The article deals with the problem of coining terms and nomenclature signs with proper names...     

Beyond formal university technology transfer: innovative pathways for knowledge exchange

The Journal of Technology Transfer - University technology transfer is often associated with formal transmission of science-based inventions, for instance through the licensing of patented...     

Societal Actors Shape Collective Identities of Minorities: Procedural Fairness Climate Effects on Identification,Subjective Well-Being and Psychological Health

In the present studies, we aimed to show that the perceived procedural fairness of societal actors’ multicultural decisions promotes ethnic minority members’ societal identification. These enhanced identification levels, in turn, contribute to better psychological health and well-being. Firstly, a vignette study in a sample of African Americans explored the effect of procedural fairness climate on identification. The second and third studies used self-report questionnaires. Study 2 consisted of a sample of sojourners in a university context, Study 3 analyzed online data through an African American sample. The studies provided evidence for the effect of procedural fairness climate on increased societal identification, which in turn mediates the fairness effect on increased well-being and psychological health. Societal actors can use procedural fairness to increase well-being when making decisions that involve ethnic minorities.

     

Deliberative democracy and the politics of traditional leadership in South Africa: A case of despotic domination or democratic deliberation?

A heated debate developed in South Africa as to the meaning of ‘deliberative democracy’. This debate is fanned by the claims of ‘traditional leaders’ that their ways of village-level deliberation and consensus-oriented decision-making are not only a superior process for the African continent as it evolves from pre-colonial tradition, but that it represents a form of democracy that is more authentic than the Western version. Proponents suggest that traditional ways of deliberation are making a come-back because imported Western models of democracy that focus on the state and state institutions miss the fact that in African societies state institutions are often seen as illegitimate or simply absent from people's daily lives. In other words, traditional leadership structures are more appropriate to African contexts than their Western rivals. Critics suggest that traditional leaders, far from being authentic democrats, are power-hungry patriarchs and authoritarians attempting to both re-invent their political, social and economic power (frequently acquired under colonial and apartheid rule) and re-assert their control over local-level resources at the expense of the larger community. In this view, the concept of deliberative democracy is being misused as a legitimating device for a politics of patriarchy and hierarchy, which is the opposite of the meaning of the term in the European and US sense. This article attempts to contextualise this debate and show how the efforts by traditional leaders to capture an intermediary position between rural populations and the state is fraught with conflicts and contradictions when it comes to forming a democratic state and society in post-apartheid South Africa.