Officers’ memory and stress in virtual lethal force scenarios: Implications for policy and training

ABSTRACT

Sworn law enforcement officers (N?=?151) were exposed to two different simulated lethal force encounters, a motorcycle-traffic-stop (MTS) and a workplace violence incident. Workplace violence incidents (WPV) consisted of two versions: an original version (WVO) and an enhanced version (WVE) with additional tactile and auditory stimuli within the simulation environment. Officers’ recognition memory (immediate and 48?h later), perceived stress, and physiological stress responses were examined. Delayed reporting led to impaired memory for event information in the MTS and perpetrator information in the WVE simulation. Moreover, perpetrator information was remembered more accurately than event information. Two physiological stress markers – alpha amylase and immunoglobulin-a – were correlated with memory for the simulated experiences; however, cortisol and interleukin-6 were not. These findings support current theory related to arousal and memory suggesting that officers should be interviewed as soon as reasonably possible after a lethal force incident. Implications for legal parameters in defining a ‘reasonable officer’ exerting lethal force are considered.     

Gunshot residue testing in suicides: Part I: Analysis by scanning electron microscopy with energy-dispersive X-ray

Several different methods can be employed to test for gunshot residue (GSR) on a deceased person's hands, including scanning electron microscopy with energy-dispersive x-ray spectroscopy (SEM-EDX) and inductively coupled plasma-atomic emission spectrometry (ICP-AES). Each of these techniques has been extensively studied, especially on living individuals. The current studies (Part I and Part II) were designed to compare the use and utility of the different GSR testing techniques in a medical examiner setting. In Part I, the hands of deceased persons who died from undisputed suicidal handgun wounds were tested for GSR by SEM-EDX over a 4-year period. A total of 116 cases were studied and analyzed for caliber of weapon, proximity of wound, and results of GSR testing, including spatial deposition upon the hands. It was found that in only 50% of cases with a known self-inflicted gunshot wound was SEM-EDX positive for at least 1 specific particle for GSR. In 18% of the cases there was a discernible pattern (spatial distribution) of the particles on the hand such that the manner in which the weapon was held could be determined. Since only 50% of cases where the person is known to have fired a weapon immediately prior to death were positive for GSR by SEM-EDX, this test should not be relied upon to determine whether a deceased individual has discharged a firearm. Furthermore, in only 18% of cases was a discernible pattern present indicating how the firearm was held. The low sensitivity, along with the low percentage of cases with a discernible pattern, limits the usefulness of GSR test results by SEM-EDX in differentiating self-inflicted from non-self-inflicted wounds.     

Legal obligation as a duty of deference

An enduring question in political and legal philosophy concerns whether we have a general moral obligation to follow the law. In this paper, I argue that Philip Soper’s intuitively appealing effort to give new life to the idea of legal obligation by characterising it as a duty of deference is ultimately unpersuasive. Soper claims that people who understand what a legal system is and admit that it is valuable must recognise that they would be morally inconsistent to deny that they owe deference to state norms. However, if the duty of deference stemmed from people’s decision to regard the law as valuable as Soper argues, then people who do not admit the value of the state would have no duty as such to defer to its norms. And, more importantly, people who admit the value of the state would have a duty not to defer to particular norms, namely those norms which violate the values that ground their preference for a state. This critique of Soper operates within his parameters by accepting his claim that moral consistency generates reasons to act. Even on those terms, Soper’s defence of legal obligation as a duty of deference is unpersuasive. I wish to thank John Tasioulas, Joseph Raz, Bill Edmundson, Adam Cureton, the editors and referees of Law and Philosophy, and the participants of the Society for Applied Philosophy 25th anniversary conference, July 2005, St Anne’s College, Oxford.     

New Labour – New Penology? Punitive Rhetoric and the Limits of Managerialism in Criminal Justice Policy

This paper argues that New Labour's 'tough' stance on law and order has given rise to a criminal justice policy which is based on fundamental contradictions and which involves a substantial retreat from traditional socialist thinking on crime. The continuation of a populist punitive approach ensures the predominance in policy making of a 'criminology of the other' which, in turn, sustains a 'punishment deficit' which fuels public expectations that crime can be controlled effectively by a policy of deterrence through punishment. This populist punitiveness, it is argued, is at odds with another strand of government penal policy, the attempt to secure greater efficiencies and economies by an intensification of managerialism throughout the criminal justice system.     

Former Canadian Federal Prisoners’ views of wrongful conviction: experiences,interpretations, and governmentality

Crime, Law and Social Change - Wrongful convictions continue to occur, with over 350 post-conviction DNA exonerations in the United States, and a collection of over 2500 known cases of presumed...     

Postmortem hydroxychloroquine concentrations in nontoxic cases

Hydroxychloroquine (HCQ) is a 4-aminoquinoline compound used to treat malaria and chronic autoimmune disorders and is not uncommonly found in the medical examiner setting. Studies have shown HCQ to have a long half-life (32-56 days in blood), high volume of distribution (580-815 L/kg), and therapeutic concentrations ranging from 0.03 to 15 mg/L, depending on the chronicity of treatment. Previous reports have shown that the toxic concentration of HCQ ranges from 3 to 26 mg/L, whereas the lethal concentration ranges from 20 to 104 mg/L. A report addressing nontoxic postmortem concentrations of HCQ in individuals known to be taking the medication, and in whom there is no evidence of toxicity, has not been previously undertaken. This study found that postmortem concentrations in nontoxic cases can range from 0.3 to 39 mg/L, which is well within the reported range of both lethal and toxic concentrations. It is recommended that all investigative and autopsy data be considered and that the cause of death not be certified based purely on blood HCQ concentrations.     

Police perceptions of ADHD in youth interviewees

Attention-deficit hyperactivity disorder (ADHD) in witness-victim/suspect interviews holds strong relevance for policing. Four purpose-written vignettes were used to test the extent to which ADHD interviewee behaviour impacts on the work of 46 experienced Australian detectives and their ability to identify ADHD as a likely diagnosis. Detectives reported frequently encountering ADHD-type interviewees in their work; perceiving such interviewees to be at a very significant risk of future contact with the criminal justice system; and perceiving ADHD-type behaviour to exert a highly significant impact on interviewing time efficiency as well as quality. Detectives gave highly significant ratings of ADHD as a likely explanation of vignettes describing ADHD-type behaviour for witness-victims as well as suspects. However, they could not identify ADHD as the most likely explanation over and above other possibilities. Implications are discussed in terms of a rationale for future research targeting police awareness and training needs in ADHD.