When lawyers question children

This study assessed the impact of some complex question forms frequently used by attorneys who examine and cross-examine witnesses in the courtroom. Fifteen males and 15 females from each of four student populations (kindergarten, fourth grade, ninth grade, and college) viewed a videotaped incident and then responded to questions about the incident. Half the questions were asked in “law-yerese” (i.e., using complex question forms); the remaining half asked for the same information using simply phrased question forms of the same length. Lawyerese confused children, adolescents, and young adults alike. Questions that included multiple parts with mutually exclusive responses were the most difficult to answer; those that included negatives, double negatives or difficult vocabulary also posed significant problems. Results suggest that complex question forms impede truth-seeking and should be prohibited in court.     

A Case of Contested Cremains Analyzed Through Metric and Chemical Comparison

Since the 1980s, cremation has become the fastest growing area of the U.S. funeral industry. At the same time, the number of litigations against funeral homes and cremation facilities has increased. Forensic anthropologists are often asked to determine whether the contents of an urn are actually cremated bone, and to address questions regarding the identity of the remains. This study uses both metric and chemical analyses for resolving a case of contested cremains. A cremains weight of 2021.8 g was predicted based on the decedent's reported stature and weight. However, the urn contents weighed 4173.5 g. The urn contents also contained material inconsistent with cremains (e.g., moist sediment, stones, ferrous metal). Analysis using XRD and SEM demonstrated that the urn contained thermally altered bone as well as inorganic material consistent with glass fiber cement. Although forensically challenging, cremains cases such as this one can be resolved using a multidisciplinary approach.     

Underreporting of Bestiality Among Juvenile Sex Offenders: Polygraph Versus Self‐Report

Juvenile sex offenders (JSO) are a specific subset of delinquent adolescents that are receiving more attention because of the crimes they commit and the issues surrounding how to successfully treat their deviant behaviors. Given JSO are such predominant treatment concerns in society, it is essential to identify and target key risk factors. One sexual behavior, bestiality, may be of particular importance to address in treatment. In a meta‐analysis conducted by Seto and Lalumiere, a 14% rate of bestiality among JSO was reported. This current study examined the differences in JSO (n = 32) who admitted bestiality based upon a self‐report measure, the Multiphasic Sexual Inventory‐II (MSI‐II), compared to information elicited by polygraphs. The results indicated extensive underreporting of bestiality behaviors between these two sources of information (MSI‐II = 37.5%; polygraph = 81.25%). These findings are important given the reliance treatment programs place on information elicited from self‐report tools.     

New laws but few cases: understanding the challenges to the investigation and prosecution of human trafficking cases

All fifty states and the federal government have passed laws to combat human trafficking, but we know little about their effectiveness. Using data from investigative case records and court files for 140 human trafficking cases in 12 U.S. counties and qualitative interviews with law enforcement, prosecutors, and victim service providers, we examined the characteristics of and challenges to investigation and prosecution of human trafficking cases under new state and federal laws. We found that few human trafficking cases are identified by local law enforcement, most cases forwarded to state prosecution are sex trafficking cases involving U.S. citizens, and state prosecutors overwhelmingly charge human trafficking offenders with other, lesser crimes. The legal, institutional, and attitudinal challenges that constrain prosecution of human trafficking are similar across study sites despite varying types of state antitrafficking legislation. Study results suggest prosecution of human trafficking cases is challenging. If new laws are to be effective, then local law enforcement and prosecutors should work collaboratively and adopt proactive human trafficking investigative strategies to identify both labor and sex trafficking cases. There is social benefit to holding traffickers accountable, but more emphasis should be placed on policies that identify and serve victims.     

Callous and unemotional traits and social cognitive processes in a sample of community-based aggressive youth

Psychopathic traits are associated with violent, aggressive behaviors and recidivism in adulthood. To increase positive treatment outcomes, it is arguably beneficial to identify and treat psychopathy as early as possible. Furthermore, because research shows that the effectiveness of behavior modification is likely to be affected by the social information-processing patterns of aggressive children, it is important to understand the relationship between conduct-disordered traits and social cognitions. The results of this study showed that callous/unemotional traits in a community-based sample of behavior-disordered youth (57 male, 19 female; 10-19 years of age; 63% African American) significantly predicted values in obtaining a tangible reward and getting into trouble or being punished. However, callous/unemotional traits, impulsivity/conduct problems, and narcissism failed to predict positive expectations regarding receiving a tangible reward, reducing aversive treatment, and demonstration of dominance. Implications for these results are presented.     

The legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment: Part 3 (Victoria)

This is the final article in a series of three that examines the legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment from adults who lack capacity. This article considers the position in Victoria. A review of the law in this State reveals that medical professionals play significant legal roles in these decisions. However, the law is problematic in a number of respects and this is likely to impede medical professionals' legal knowledge in this area. The article examines the level of training that medical professionals receive on issues such as refusal of treatment certificates and substitute decision-making, and the available empirical evidence as to the state of medical professionals' knowledge of the law at the end of life. It concludes that there are gaps in legal knowledge and that law reform is needed in Victoria. The article also draws together themes from the series as a whole, including conclusions about the need for more and better medical education and about law reform generally.