Consumer Redress Legislation: Simplifying or Subverting the Law of Contract

The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice for consumers by offering simplified and clear suites of rights and corresponding remedies. In so doing, however, they affect core areas of private law rights and remedies, and may come to undermine or replace existing contractual principles and policies. The result could be an incoherent system of private law with different principles and rules applying to commercial and consumer transactions. Coherence in the law requires that lawyers abandon their traditional ‘oil and water’ attitudes to legislative schemes and confront directly the interactions between these two bodies of law. This paper engages in that enquiry by considering the relationship between the relatively new consumer redress provisions in the Consumer Protection from Unfair Trading Regulations 2008 and general law principles.     

Applying the Verifiability Approach in an international airport setting

In the current study, we tested the utility of applying the Verifiability Approach (VA) within an international airport setting. The VA works on the notion that truth tellers provide more verifiable details than liars and has shown to be successful within other empirical deception detection scenarios. Three hundred and ninety-nine airside participants (those originating from Europe, Asia and African) were asked questions regarding their travel plans. We asked participants to either lie (n?=?195) or tell the truth (n?=?204) about their planned activities. The critical question required participants to provide information that would convince the investigator that they were telling the truth. We then transcribed and coded their responses for verifiable details; that is, details that could potentially be checked by an investigator. Overall, truth tellers provided significantly more verifiable details than liars. Furthermore, when taking their geographical origin into account, there was no interaction effect between veracity and region. Additionally, truth tellers provided a higher verifiable/total detail ratio than liars, which again showed no interaction effect between veracity and region. These findings support the suitability of the VA as a cross-cultural veracity tool and implications for its use as an additional security aid are discussed.     

The association between specific competence-related abilities and competence restoration treatment

Inpatient competence restoration treatment comes with enormous costs in terms of civil liberties, but also significant financial costs to the state/institution responsible for providing the treatment. The present investigation was designed to evaluate the utility of a commonly used competence assessment instrument, the MacArthur Competence Assessment Tool – Criminal Adjudication (MacCAT-CA), in identifying individuals who may require more tailored, lengthier, and/or more intensive treatment. The sample included 93 men and women who were administered the MacCAT-CA during an inpatient hospitalization for competence restoration treatment in the United States. All of the patients were restored to competence within the study period, ranging from 3 to 32 months of inpatient hospitalization. Results suggest that performance on the MacCAT-CA was associated with hospitalization length, with total scores as the greatest predictor of response to treatment. Sensitivity and specificity estimates are discussed in terms of their utility in identifying patients most at-risk for extended hospitalization, with the authors arguing that instruments like the MacCAT-CA can be used in a practical manner of identifying patients who might require greater or more intensive treatment.     

Officer-involved shootings: testing the effect of question timing on memory accuracy for stressful events

Journal of Experimental Criminology - This randomised controlled trial tested the effect of immediate versus delayed, as well as repeated, questioning on memory retrieval regarding details of...     

Lay Participation in Danish Crime Trials: On the Interaction between Lay and Professional Judges during Deliberation

While there is abundant research on common law jury systems, we know less about lay participation in civil law crime trials, often called ‘mixed courts’ or alternately ‘mixed tribunals'. Here, a professional judge and a number of lay judges deliberate together on the issues of guilt and sentencing. This joint deliberation has naturally led both public opinion and research to focus on power relations such as lay judges’ dependence on the professional judges. Based on an ethnographic study of deliberation processes, the present article offers a different perspective on lay judges’ contribution and argues that their decision making rests on a hybrid construction of knowledge in the continuous interaction between the professional judge and lay participants during deliberation. The analysis of this decision‐making process contributes to our understanding of how ordinary people selected for this civic duty create knowledge about justice.     

Multidimensional Bullying Victimization Scale: Development and validation

The prevalence of bullying has increased over the past decade and is a public health concern. Existing measures of bullying lack breadth and/or psychometric support, which may inaccurately represent current rates of bullying. The purpose of this study was to develop and validate a psychometrically sound measure, the Multidimensional Bullying Victimization Scale (MBVS), to evaluate bullying in adolescents. An initial pool of items was generated and rated by 600 adolescents. Exploratory factor analyses yielded three factors—direct bulling, indirect bullying, and evaluative bullying. Confirmatory factor analyses were conducted on independent sample of 623 adolescents, supporting the original three-factor solution. Results indicate that the MBVS demonstrates good internal consistency, construct validity, and concurrent validity. The MBVS scores were significantly and positively correlated with internalizing and externalizing symptoms. The MBVS provides a reliable and valid assessment of adolescents’ experiences with bully victimization.     

Capitalizing on Criminal Accomplices: Considering the Relationship between Co-offending and Illegal Earnings

This study investigates whether co-offending offers an avenue towards criminal success. Specifically, it considers if current and prior co-offending experience is related to the probability of reporting illegal earnings as well as the amount of these earnings. Using data from the Pathways to Desistance Study, we estimated fixed-and random-effects models to test whether co-offending experience is related to self-reported illegal earnings. The models also estimated whether “historical” co-offending experience predicted current illegal earnings. Across both modeling strategies, current and historical co-offending predicted the probability of reporting non-zero illegal earnings, net of offending frequency and controls. There is minimal evidence of a relationship between co-offending experience and the amount of illegal earnings, however. These findings lead us to conclude that access to a relatively common criminal connection—the co-offender—offers tangible benefits to adolescent offenders, primarily by affecting their ability to translate criminal opportunities into monetary gain.     

Reconciling Autonomy and Beneficence in Treatment Decision-Making for Companion Animal Patients

This article explores how the concept of consent to medical treatment applies in the veterinary context, and aims to evaluate normative justifications for owner consent to treatment of animal patients. We trace the evolution of the test for valid consent in human health decision-making, against a backdrop of increased recognition of the importance of patient rights and a gradual judicial espousal of a doctrine of informed consent grounded in a particular understanding of autonomy. We argue that, notwithstanding the adoption of a similar discourse of informed consent in professional veterinary codes, notions of autonomy and informed consent are not easily transferrable to the veterinary medicine context, given inter alia the tripartite relationship between veterinary professional, owner and animal patient. We suggest that a more appropriate, albeit inexact, analogy may be drawn with paediatric practice which is premised on a similarly tripartite relationship and where decisions must be reached in the best interests of the child. However, acknowledging the legal status of animals as property and how consent to veterinary treatment is predicated on the animal owner’s willingness and ability to pay, we propose that the appropriate response is for veterinary professionals generally to accept the client’s choice, provided this is informed. Yet such client autonomy must be limited where animal welfare concerns exist, so that beneficence continues to play an important role in the veterinary context. We suggest that this ‘middle road’ should be reflected in professional veterinary guidance.