The fair process effect and procedural criteria in the resolution of disputes between intimate same-sex friends

This series of studies extended procedural justice research to the informal domain of dispute resolution in intimate same-sex friendship. The first study identified the types of disputes that occur between friends and the concerns that friends have when choosing dispute resolution procedures. Seven dispute types and 11 procedural criteria were found relevant to dispute resolution in friendship. Study 2 assessed the importance of procedural criteria for resolving several dispute scenarios. As expected, ratings of criterion importance were affected by subject and disputant sex. Females rated four criteria as more important than did males, and one criterion was rated as more important in disputes involving a male and a female than in disputes involving two females. The importance of procedural criteria was also influenced by the type of dispute, but this effect was qualified by an interaction with the dispute version. It was suggested that the importance of procedural criteria is generally defined by the context of friendship and specifically defined by the dispute topic. In Study 3, the relations among subject sex, traditional fairness variables, and criterion-based measures of process control were examined. Consistent with studies in other domains, process control predicted procedural justice, and decision control predicted distributive justive. Moreover, the hypothesized fair process effect emerged as a function of speed, a criterion-based measure of process control.     

Will the law come running? The potential role of "brain fingerprinting" in crime investigation and adjudication in Australia

A major feature of the Australian criminal justice system is that jurors assess witness credibility and are the ultimate finders of fact. Recognising the occasional fallibility of humans in detecting truth and deception, the jury's function may be assisted by highly regulated expert evidence about a variety of scientific techniques. A recent scientific development has been the invention of "brain fingerprinting" (BF) by Dr Larry Farwell in the United States. Brain fingerprinting measures brainwave functioning to detect awareness of crime-relevant information in order to distinguish between guilty and innocent suspects. This article considers whether BF could be used for crime investigation and adjudication in Australia. By examining the rules of expert evidence and the principles relating to "novel scientific evidence", the admissibility of BF in the various Australian jurisdictions is evaluated. The utility of BF in criminal investigations and counter-terrorism initiatives is also canvassed. The authors conclude that, at the present time, it is unlikely that expert testimony on BF will be admitted in Australian criminal trials. However, the technique potentially offers other benefits to the criminal justice system, thereby warranting its consideration as a "criminal and investigative tool of the future".     

Cognitive-behavioral rehabilitation for high-risk violent offenders: an outcome evaluation of the violence prevention unit

Rehabilitation programs for adult violent offending are still novel, and few published studies examine the recidivism outcomes of those who complete such programs. This study describes a New Zealand prison program for high-risk violent men. The program is intensive and cognitive behavioral. Preliminary outcome data are presented for three indices during 2 or more years of follow-up: nonviolent reconviction, violent reconviction, and subsequent imprisonment. In comparison with untreated offenders, treated men were less likely to be reconvicted of a violent offense, and those who were took longer to fail. There was also a 12% difference in favor of the treated men on the two other indices, nonviolent reconviction and reimprisonment. The authors conclude that the program shows early promise and that further evaluation with a larger sample of treated men will be important in clarifying whether the program is having a differential impact on violent versus nonviolent offending.     

Legal perceptions of forensic DNA profiling part I: a review of the legal literature

A forensic biologist is usually involved in the criminal justice system process somewhere between the police and the legal system, interacting in a practical context regularly and extensively with both. Forensic DNA research and development commonly involves initiatives that encroach into the neighbouring domains of the law enforcement or legal agencies. Despite this level of association, establishing meaningful cross-disciplinary communication and understanding within the justice system remains a challenge. As an example, there is an abundance of literature relating to forensic DNA profiling in legal and criminological periodicals. Such journals are perhaps outside the regular reading of forensic scientists and much of the legal discussion appears to go unnoticed. This situation is understandable; however, it is also undesirable particularly as forensic DNA developments are intertwined with significant changes in legislation and contentious issues of privacy, civil liberty and social justice. This paper attempts to address this shortcoming directly by summarising - from the viewpoint of a forensic scientist - some of the discussion in the legal literature. In particular the review focuses on discussion raising ideological and ethical concerns. Awareness of these views is of relevance to forensic science. It assists us to accurately place DNA evidence into context and to develop its role in achieving the broader criminal justice system objectives. Understanding the discussion also provides a way to enter the debate and communicate at an appropriate level the true potential of DNA to the legal community.     

Child abuse and chronic pain in a community survey of women

This study examined the relationship between a self-reported history of child physical and sexual abuse and chronic pain among women (N = 3,381) in a provincewide community sample. Chronic pain was significantly associated with physical abuse, education, and age of the respondents and was unrelated to child sexual abuse alone or in combination with physical abuse, mental disorder (anxiety, depression, or substance abuse), or low income. Number of health problems and mental health disorders did not mediate the relationship between physical abuse and chronic pain. Despite considerable evidence from the clinical literature linking exposure to child maltreatment and chronic pain in adulthood, this may well be the first population-based study to investigate this relationship for child physical and sexual abuse independently. The significant association between childhood history of physical abuse and pain in adulthood calls for a greater awareness of the potential for chronic pain problems associated with this type of maltreatment. Further research is needed to understand the mechanism for this complex relationship.     

Population data from sub-populations of the Northern Territory of Australia for 15 autosomal short tandem repeat (STR) loci

It is a requirement that forensic DNA profiling evidence be accompanied by an estimation of its weight, in order that the court can assign an appropriate probative value to the evidence during legal proceedings. There are various models by which this estimation can be made, but each relies on approximations of the allele frequencies in the relevant population. It is also important to assess relevant population genetic features of the available data. This report provides allele frequencies and estimates of common population genetic parameters for the major sub-populations of the Northern Territory of Australia genotyped at 15 autosomal short tandem repeat (STR) loci.     

Examining Rapport in Investigative Interviews with Suspects: Does its Building and Maintenance Work?

Rapport is an important part of the interviewing of suspects, enabling them to supply information more freely. This study examined 142 actual interviews with suspects, focussing on key tasks that aid rapport. Using an established framework to examine rapport building skills in the early stages of interviews, the study also measured how skilled attempts at sustaining rapport were when interviewers attempted to gather information from suspects and probe accounts for their reliability. It was found that opportunities were often missed to build rapport in the initial stages as several tasks were overlooked. Also, where any rapport had been initially built, it was not always maintained as tasks undertaken later in the interview which may well have assisted rapport maintenance were often conducted unsatisfactorily. Thus, initial rapport building of itself, therefore, is not sufficient in influencing overall interview quality and outcomes, since rapport also has to be maintained throughout the interview.     

Child maltreatment histories among female inmates reporting inmate on inmate sexual victimization in prison: the mediating role of emotion dysregulation

Despite data indicating that child maltreatment (CM) in various forms is associated with adult sexual victimization among community women, few studies have explicitly explored how types of CM might relate to prison sexual victimization. Because little is known about how CM might give rise to prison sexual victimization, the present study also examined emotion dysregulation emanating from early abuse experiences as a potential mediator in the link between early CM and inmate-on-inmate prison sexual victimization. Approximately 168 incarcerated women completed self-report inventories assessing various types of childhood maltreatment, emotion dysregulation, and coerced or forced sexual experiences in prison. Nearly 77% of the sample endorsed experiencing at least one form of CM, with 64% of inmates reporting that they experienced two or more forms of CM. Approximately 9% of inmates reported sexual coercion and 22% reported a forced sexual experience in prison. Each form of CM was associated with prison sexual coercion; however, fewer associations emerged between CM and forced prison sexual experiences. Emotion dysregulation was found to mediate links between CM, particularly co-occurring CM, and sexual coercion in prison, but it was unrelated to forced prison sexual experiences. Implications are discussed.     

Do parents blame or doubt their child more when sexually abused by adolescents versus adults?

Although the importance of parental support for child sexual abuse victims is well documented, the nature of parental support for victims sexually abused by adolescents is less understood. In this exploratory study, we examine whether parents differ in their levels of blame or doubt for their child when sexually abused by adolescents versus adults. Data included 161 reports of child sexual abuse. Parental blame toward their child was higher when sexually abused by an adolescent versus an adult suspect. In the bivariate and multivariate analysis, parental blame was significantly higher as victim age increased, for Black, non-Hispanic children, and when there was an adolescent suspect. Practitioners need to recognize that high levels of blame and doubt could exist for adolescent victims of sexual abuse and when children are sexually abused by adolescents.