FRAGMENTED COURTS AND CHILD PROTECTION CASES

This article discusses the proposed implementation of a model court project that can serve as an alternative approach to adjudicating child abuse and neglect cases. The model project allows criminal child abuse cases to be processed with related civil proceeding in one court before one judge. This integrated approach can ensure more efficient case processing, more informed judicial decision making, and more effective delivery of services to children and families.     

Strong life sciences in innovative weak contexts: a “developmental” approach to a tantalizing mismatch

Life sciences are the best developed area of academic research throughout Latin America. Biomedical research has been particularly successful. However, generally speaking, excellence in research has not been accompanied by commercially successful innovations, a pattern that differs from what has happened in many highly industrialized countries, even small ones. The paper explores some causes of such disappointing outcome, stressing in particular the historical lack of political and social legitimacy exhibited by innovation policies in underdevelopment. From a developmental point of view it is of great importance the building of such legitimacy. One way of doing so is to link more tightly innovation policies to social concerns; bio-innovation is suggested as a productive path towards that aim.

STRATEGIES AND NEED FOR SYSTEMS CHANGE

Chief Judge Judith S. Kaye of New York delivered the following address to the Millennium Conference of the National Council of Juvenile and Family Court Judges in Washington, D.C., on November 15, 1999. In it, she describes the development of the philosophy of the family court in the past century. Judge Kaye describes the family court's transition from reliance on social science to the incorporation of procedural due process guarantees in the Gault decision. She suggests that a further transformation is required to meet the needs of children and families in the 21st century. Judge Kaye proposes that in the next millennium the family court abandon the "remote adjudicator" judge who evolved after Gault to a "problem-solving model of judging… a judge who looks at the issues that are driving the caseload, who looks at the results that are being achieved, and who uses a hands-on style to figure out how we might do better both in individual cases and on a systemic level."
The New York Times described Chief Justice Kaye as, "A dedicated and effective reformer of the state's sprawling court system. Each of her hard won changes has had a positive impact." Chief Judge Kaye recently received the National Center for State Courts' William H. Rhenquist Award for Judicial Excellence in November 1999. On the occasion of the award, Roger K. Warren, president of the National Center, observed about her,"There are many who are working hard to better process the many cases that come before the state courts, but there are few working an harder or more successfully to better serve the people who use the state courts."     

"The word makes the man": A Catalan Anarchist Autodidact in the Australian Bush

This paper examines the interplay between the life and ideas of a Catalan anarchist and autodidact, Salvador Torrents, who migrated to Australia in 1915. Until his death in 1951, Torrents, from his isolated farm in North Queensland, contributed regular commentaries and articles in libertarian newspapers in Spain, France and the United States. With the exception of the years of the Spanish civil war, Torrents remained outside mainstream Australian labour politics. Like many non-English speaking immigrants, a lack of the language was an obstacle to participation. As well, as an anarchist, Torrents considered political parties and electoral politics a waste of time in achieving social and political change. Instead he propounded, and practised, the transformative powers of self-education and the revolutionary role of the autodidact in fomenting radical change. His ideas had been forged in the turbulent politics of Catalonia in the first decades of the century. In Australia he continued to apply the same analysis in what he perceived as the similar context which Southern European immigrants confronted in North Queensland. Although invisible on the Australian Left, Torrents functioned as a left wing intellectual, contributing to a particular public discourse, which took place in a space that was separated from the mainstream Australian Left by language and different radical traditions.     

(Close) the Door,the King (is Going): The Development of Elliptical Resolution in Bhāṭṭa Mīmāṃsā

This paper examines three commentaries on the ?abdapariccheda in Kumārila Bha??a’s ?lokavārttika, along with the the seventeenth century Bhā??a Mīmā?sā work, the Mānameyodaya. The focus is the Mīmā?sā principle that only sentences communicate qualified meanings and Kumārila’s discussion of a potential counter-example to this claim–single words which appear to communicate such content. I argue that there is some conflict among commentators over precisely what Kumārila describes with the phrase sāmarthyād anumeyetvād, although he is most likely describing ellipsis completion through arthāpatti. The paper attempts both a cogent exegesis and philosophical evaluation of the Bhā??a Mīmā?sā view of ellipsis completion, arguing that there remain internal tensions in the account of ellipsis preferred by the Bhā??a, tensions which are not entirely resolved even by the late date of the Mānameyodaya.     

A field study of adult witness interviewing practices in a Canadian police organization

Purpose. The current study examined witness interviewing practices in a Canadian police organization. The effect of interviewer, interviewee, and interview characteristics on those practices was also examined. Method. Ninety witness interviews from a Canadian police organization were coded for the following interviewing practices: types of questions asked (i.e. open‐ended, probing, closed‐ended, clarification, multiple, leading, opinion/statement, and re‐asked), the number of interruptions, percentage of words spoken by interviewer, type of pre‐interview instructions (consequential vs. generic), and whether or not a free narrative was requested (and when requested during the interview). Characteristics pertaining to the interviewer (e.g. primary interviewer's age), interviewee (e.g. witness gender), and interview (e.g. crime type) were also coded. Results. Results showed that closed‐ended and probing questions were the most widely asked questions, and that open‐ended questions were asked relatively infrequently. It was also found that the 80–20 talking rule was violated in 89% of the interviews, interviewers rarely interrupted the witnesses, and free narratives were requested often. Overall, the effect of interviewer, interview, or interviewee characteristics on interviewing practices was minimal. Conclusions. The finding that scientifically prescribed interviewing practices are employed rarely by Canadian police officers highlights a need for increased professional interviewing training. The finding that practices are largely unaffected by personal and situational factors suggests that such training would be equally beneficial for all types of interviewers, interviewees, and contexts.     

Influence of confidence inflation and explanations for changes in confidence on evaluations of eyewitness identification accuracy

Guidelines for conducting police line‐ups typically recommend immediate assessment of eyewitness confidence following identification. This confidence level can presumably be used to estimate accuracy even in the presence of subsequently inflated confidence. In this experiment, we examined students' perceptions of immediate and inflated confidence and whether their reliance on confidence varies as a function of the explanations given by the eyewitness for her inflated confidence. Each of 126 university students viewed one of five versions of a videotaped officer–eyewitness interaction depicting an eyewitness identification and follow‐up interview in which the eyewitness gave a (1) high or (2) moderate level of confidence or inflated her confidence and gave a (3) confidence epiphany, (4) memory contamination, or (5) no explanation for the inflation. The memory contamination and confidence epiphany explanations led to lower ratings of identification accuracy as compared to the high‐confidence control condition, supporting the immediate confidence recommendation but in some ways contradicting previous research on this issue. The results suggest the need for further research to understand the conditions under which confidence inflation influences juror evaluations of eyewitness identification.