Information Wants to be Property: Legal Commodification of E-commerce Assets

In the global information age, information per se is becoming one of the most valuable assets of many businesses. Because of this, the laws of many jurisdictions have started evolving to extend the protections for such information against unauthorised access, use and/or interference. These legal moves tend to have the direct or indirect effect of 'propertizing' aspects of the information in question. Recent moves in the area of copyright law in particular have shown a marked trend towards increased legal support for the commodification of commercially valuable information. Examples of this trend can be seen in the Digital Millennium Copyright Act in the United States and the Database Directive in the European Union. The following discussion examines this phenomenon and raises some questions about the desirable limits of legal commodification of information in this context.     

The legal control of drunken driving: A comment on methodological concerns in assessing deterrent effectiveness

Appearing in this volume are papers by Votey and Phillips, Ray, and Votey that raise basic questions about the effectiveness of efforts to reduce drunken driving through legal controls implemented in the criminal justice system. The primary issues of extent, source, and duration of any effect are raised by those authors. This paper discusses the concern for deterrence expressed by Phillips, et al., and particularly focuses on some methodological problems in demonstrating the deterrent effectiveness of criminal sanctions on drunken driving.     

Educating for active compliance: discursive constructions in citizenship education

This article examines the discursive construction of ‘active citizenship’ within recent civics curriculum documents across three provinces in Canada. New secondary school civics curricula have emerged across liberal democratic states since the year 2000, presumably in response to the perception of youth as disengaged from political involvement. Many of the new curricula subsequently emphasize ‘active’ engagement within the polity. The central task of this paper is to better understand what such ‘active citizenship’ actually means, via the methodological tool of discourse analysis. Engaging a theoretical frame that incorporates Foucauldian governmentality theory and cultural theories of the role of the state in creating subjectivities, the paper ultimately argues that the ‘active citizen’ of contemporary civics curricula is, in fact, a deeply neoliberal subject. The article then draws on feminist theories of citizenship in order to assess the forms of exclusion that the curriculum documents inadvertently create, arguing that they ultimately participate in a long tradition of devaluing such elements of citizenship as relationality and emotional ties. We conclude that one of the fundamental goals of citizenship education – to expand access to citizenship participation for all – has failed.     

Enhancing Witness Memory with Focused Meditation and Eye-Closure: Assessing the Effects of Misinformation

Despite the decline in popularity of hypnosis as an investigative interviewing technique, this paper builds on previous research showing that some of the techniques employed in traditional hypnotic interviewing may still be useful in the development of simple, brief memory facilitation procedures for use by the police. Three experiments are described that investigate the effects of a short Focused Meditation with eye-closure technique in situations where participants are presented with misleading information. In the first study, which utilized a standard misinformation paradigm, a significant memory facilitation effect was shown with Focused Meditation, though the effect was not significant for eye-closure alone. There were no increases in errors when the Meditation and eye-closure procedures were used alone or in combination. The second experiment showed that a combined Focused Meditation with eye-closure technique reduced misinformation effects associated with fictitious events, and a third showed that the same technique reduced interrogative suggestibility effects as measured by the Gudjonsson Suggestibility Scale, whilst facilitating free recall memory. It is concluded that a Focused Meditation with eye-closure technique may potentially have applications in the field where brief alternatives to the Cognitive Interview are required.     

Mock jurors' perceptions of identifications made by intoxicated eyewitnesses

Abstract

Psychology research has generally neglected intoxicated eyewitnesses. The current study addressed this need by exploring mock jurors' perceptions of intoxicated witnesses. Undergraduate participants read summarized sexual or aggravated battery cases in which either the victim or a bystander identified the defendant under varying intoxication levels. They answered questions about the case and provided verdicts. Participants were sensitive to the effect that intoxication may have on witnesses' cognitive ability, but not to varying degrees of intoxication. Neither the role of the eyewitness nor the type of crime committed had an effect on perceptions of witness impairment. Participants' perceptions of witness impairment informed identification credibility ratings, and credibility assessments affected verdicts. Impairment and credibility ratings fully mediated intoxication's effect on verdicts. Unlike much prior research, our results suggest that mock jurors can consider potentially important witness information when rendering verdicts.     

Is sexually abusive behaviour in personality disordered inpatients analogous to sexual offences committed prior to hospitalization?

Abstract

Sexually abusive behaviour by personality disordered patients presents a serious threat to the integrity of staff–patient relationships and the safety of other residents. The occurrence of such behaviour is also problematic for the offending patient, as it may impact on perceived treatment needs and their access to the community. This paper reports on a study of sexually abusive behaviour in a high security psychiatric hospital. It also examines the relationship between these behaviours and patients’ history of sexual offending. The results showed a high frequency of low-severity sexually abusive behaviour and no significant associations between sexually abusive behaviour during hospitalization and sexual offence history. These findings imply that low-severity sexually abusive behaviour within secure settings may be determined, partly, by environmental conditions. This sexual abuse may also be functionally dissimilar to severe sexual abuse perpetrated in the community. The meaning and determinants of sexual abuse within secure settings must be scrutinized carefully and comprehensively before they are considered analogous to previous sexual offences.     

Women Police in Post‐Fitzgerald Queensland: A 20 Year Review

The Fitzgerald report was the catalyst for major reforms to Queensland's system of government and criminal justice, and included explicit recommendations related to women in policing. Reforms led to the removal of discriminatory barriers and significant improvements in the recruitment and promotion of women. However, these changes provoked a backlash in the 1990s that led to reductions in female recruitment. A return to less discriminatory policies eventually ensued, with steady improvements on key equity indicators. This paper provides a historical perspective on developments over the two decades since Fitzgerald, and includes a critical analysis of the implementation of contemporary equity and diversity strategies within the policing context. Recruitment of women police in Queensland has plateaued at one‐third and progress in the overall number of sworn women and women in management is slow. The paper concludes by emphasising the wider lessons for a more developed and proactive gender equity program in public sector employment and policing.