Native American Identity and the Limits of Cultural Defence

This article concerns itself with the phenomenon of the cultural defence as it exhibits itself in the US juridical context. Recent socio-legal discussions about this phenomenon reveal three prevalent positions: the illegality of cultural defence on constitutional grounds, the necessity of cultural defence as a matter of discretionary justice, and the intermediary position of working cultural defence into a legal doctrine. By problematizing the operative concept of culture, the author suggests that the idea of cultural defence should be understood in terms of foreignness. This suggestion is supported on the basis of the phenomenological theory of the alien (xenology). In order to illustrate the juridical limits of the cultural defence I examine the history of constructing the Native American as a cultural legal subject. Hence the question that primes this examination: is there a possibility of the traditional cultural defence for the American Indians? After a provisional answer that there is no such possibility, I conclude with the discussion of hospitality as a way to an ethically necessary and legally acceptable idea of culture.     

Public Eyewitness Confidence Can Be Influenced by the Presence of Other Witnesses

Four experiments were conducted to examine whether witnesses' public confidence ratings differ from their private ratings when there are social pressures to use confidence as an impression-management tool. In all four experiments, participants answered questions about a source event (a series of faces in the first three experiments and a simulated crime scene in the fourth). Half of the responses and confidence ratings were given privately and anonymously, and half were given publicly in front of one or more mock jurors. Two central findings emerged from the results. First, public confidence differed from private confidence only when there was more than one witness; when there were no other witnesses, public and private confidence were the same. Second, the direction of the change in public confidence in the multiple-witness settings was influenced by whether or not there was a possibility of being contradicted by the other witnesses. When there was no chance that the participants' responses could be contradicted, they raised their confidence ratings in public; when there was a chance that the other witnesses might contradict them, the participants lowered their public confidence ratings. The results are discussed in terms of self-presentation theory and implications for the legal system.     

Intensive supervision programs: Does program philosophy and the principles of effective intervention matter?

Although traditional intensive supervision programs that have aimed at increasing control and surveillance in the community have not been shown to reduce recidivism, prior research indicates that intensive supervision programs that are based on a human service philosophy and provide treatment to offenders offer more promise. The current research examined the effectiveness of fifty-eight intensive supervision programs and sought to determine whether program philosophy and treatment integrity are associated with reductions in recidivism. The results indicated that both program philosophy and treatment integrity vary independently of one another and are related to the ability of programs to produce meaningful effects on recidivism.     

Navya-Nyāya on Subject–Predicate and Related Pairs

This paper focuses on the relevance of Indian epistemology and the philosophy of language to contemporary Western philosophy. Hence it discusses (1) how perceptual, inferential and verbal cognitions are related to the same object, (2) how to draw the distinction in meaning between transformationally equivalent sentences, such as ‘Brutus killed Caesar’ and ‘Caesar was killed by Brutus’, and (3) why the predicate-expression is to be considered as unsaturated but the subjectexpression as saturated. In order to answer these questions the Nyāya philosophers have discussed the distinction between several pairs of terms, such as ‘subject–predicate’, ‘qualificand–qualifier’ and ‘the first term–the second term’. This paper also deals with the Nyāya conception of inference for others, and the interpretations of the premise called ‘upanaya’ (‘application’) or the cognition called ‘parāmar?a’ (‘operation’).     

Snitching,Lies and Computer Crashes: An Experimental Investigation of Secondary Confessions

Two laboratory studies with 332 student participants investigated secondary confessions (provided by an informant instead of the suspect). Participants allegedly caused or witnessed a simulated computer crash, then were asked to give primary or secondary confessions during interrogation. Study 1 replicated the false evidence effect for primary confessions. Secondary confessions were obtained at a high rate, which was increased by false evidence in combination with incentive to confess. In Study 2 a confederate either confessed to or denied crashing the computer. Incentive increased the rate of secondary confession only in the presence of a denial; that is, incentive increased the number of false secondary confessions only. Implications for the use of incentives during informant interrogation are discussed.     

Die Europäische Bürgerinitiative – Gefährdung der Glaubwürdigkeit eines direktdemokratischen Instruments?

Mit Art 11 Abs 4 EUV idF des Vertrages von Lissabon wurde das Institut einer "Europäischen Bürgerinitiative" (EBI) vorgesehen. In dessen Ausführung hat die EU-Kommission Anfang Juni dieses Jahres den Entwurf einer Verordnung vorgelegt, der gegenwärtig im Europäischen Parlament beraten wird. Dieser Beitrag beschäftigt sich kritisch mit rechtlichen und operationalen Aspekten dieses Verordnungsentwurfes.     

The Delayed and Cumulative Consequences of Traumatic Stress: Challenges and Issues in Compensation Settings

Delayed onset posttraumatic stress disorder has been a challenging issue in medico-legal settings. Prospective studies have done much to characterise the validity of this construct and the prevalence in various populations. The delayed impact of these events places significant challenges on a plaintiff in establishing a causal link to some distal exposure. Furthermore, the literature highlights that depression is a frequent independent outcome from posttraumatic events, independent of the frequent comorbidity for posttraumatic stress disorder. To date, there has been little examination of the commonality of the underlying mechanisms of aetiology between depression and posttraumatic stress disorder. The concepts of sensitisation and kindling have been extensively discussed as underlying mechanisms relevant to a range of psychiatric disorders. This idea of increasing sensitisation of individuals who have multiple traumatic stress exposures is of critical importance to understanding the shared aetiology of major depressive disorder and posttraumatic stress disorder. Furthermore, the neural circuitry involved in these conditions particularly involves the amygdala, medial prefrontal cortex and anterior cingulate. Given the shared aetiological mechanisms, it is probable that the delays in treatment which have been demonstrated to be important factors for decreasing the probability of a full treatment response in depression are equally relevant to posttraumatic stress disorder. This raises important issues about the liability of employers particularly in the emergency services for vetting individuals where there is a foreseeable risk. A further challenge in litigation settings is the increasing body of evidence linking posttraumatic stress disorder and depression to cardiovascular disease and hypertension.     

The mental health and substance misuse needs of male ex-armed forces personnel in prison

Ex-armed forces personnel constitute the largest known occupational group in prison but there is little evidence regarding their mental health, or substance misuse, needs. A total of 105 participants were interviewed and measures assessing symptoms of common mental health (CMH) problems and substance misuse were completed along with a review of their health care records. Forty (38%) participants screened for current CMH problems (CCMH) and high levels of dual symptomology and alcohol misuse were assessed. Thirty-nine (37%) had a mental health diagnosis recorded, most commonly for post-traumatic stress disorder (PTSD), depression and personality disorder. Those who screened for a CCMH problem were more likely to have pre-service vulnerability to negative health outcomes and those with dual symptomology were more likely to have experienced deployment during their service. Findings suggest the mental health needs of this group are similar to the general prison population. Potentially higher prevalences of PTSD and alcohol misuse may direct service provision.