Seeking or controlling the truth? An examination of courtroom questioning practices by Canadian lawyers*

ABSTRACT

The questioning practices of Canadian lawyers were examined. Courtroom examinations (N?=?91) were coded for the type of utterance, the assumed purpose of the utterance, and the length of utterance. Results showed that approximately one-fifth of all utterances were classified as productive for gathering reliable information (i.e. open-ended, probing); less than one percent of all utterances were open-ended. Direct examinations contained more closed yes/no, probing, and open-ended questions. Cross-examinations contained more leading and clarification questions, and opinions. Moreover, cross- (vs. direct) examinations contained more questions with a ‘challenging the witness’ purpose. The longest utterances were opinions, followed by multiple and forced-choice questions. The longest answers were in response to open-ended questions, followed by multiple and probing questions. Implications for the truth-seeking function of the judiciary are discussed.     

EU issue voting and the 2014 European Parliament elections: a dynamic perspective

EU issue voting in European Parliament elections has been shown to be highly conditional upon levels of EU politicization. The present study analyzes this conditionality over time, hypothesizing that the effect of EU attitudes on EP vote preferences is catalyzed as EP elections draw closer. In contrast to extant cross-sectional post-election studies, we use a four-wave panel study covering the six months leading up to the Dutch EP elections of 2014, differentiating between party groups (pro, anti, mixed) and five EU attitude dimensions. We find that EU issue voting occurs for both anti- and pro-EU parties, but only increases for the latter. For mixed parties we find no effect of EU attitudes, yet their support base shifts in the anti-EU direction as the elections draw closer. The overarching image, however, is one of surprising stability: EU attitudes form a consistent part of EP voting motivations even outside EP election times.     

Police Perceptions of Irrational Unstable Behaviours and Use of Force

Police identification of people experiencing mental illness is usually based on either the person having an official contact history with police or through observing behavioural indicators commonly associated with mental illness during an encounter. Police have voiced concerns with their ability to identify and respond to people experiencing mental illness in a timely way and report that they commonly resort to more coercive tactical options to resolve encounters. The present study employed a mixed method design to examine 286 police use of force incidents to investigate the association between force used on and by offenders displaying irrational-unstable behavioural characteristics. The irrational-unstable offenders were two times more likely to be perceived by police to have an apparent mental disorder and almost four times more likely to have a known mental health history; one in six had an official record of contact with mental health services. There were few differences in police and offender use of force, considering force as both a categorical and a continuous variable, while incident-level comparisons suggested that police force was generally proportional to offender resistance. Implications are discussed in terms of the need to redress limitations with the traditional police approach style.     

Critique of Schuker “J.M. Keynes and the Personal Politics of Reparations”

In “J.M. Keynes and the Personal Politics of Reparations,” Parts I and II, published in Diplomacy and Statecraft (2014), the American historian Stephen Schuker claims that Keynes’ scientific arguments against the policy of reparations were distorted by both political passion and his emotional attachment to the German banker, Dr. Carl Melchior. He provides no evidence for this argument, and Keynes’ analytic positions emerges without reference to either.     

Pyro-Terrorism—The Threat of Arson-Induced Forest Fires as a Future Terrorist Weapon of Mass Destruction

The United States is at significant risk of a future pyro-terrorist attack—when terrorists unleash the latent energy in the nation's forests to achieve the effect of a weapon of mass destruction—the threat, must be defined America's vulnerabilities understood, and action taken to mitigate this danger to the United States.