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.     

Social Policy by Other Means: Theorizing Unconventional Forms of Welfare Production

Abstract

The goal of this special issue is to highlight the importance of unconventional social policies, theorize their development in comparison with traditional welfare state accounts and outline a new research agenda. In this introduction to the special issue, the editors present the concept of social policy by other means as encompassing two kinds of unconventional social policy (from the point of view of mainstream comparative research): First, functional equivalents to formal systems of social protection and, second, non-state provision of benefits. The concept builds upon a sizeable, but fragmented literature in comparative welfare state research. While numerous examples demonstrate that social policy by other means is more pervasive in both OECD and non-OECD countries than often acknowledged, a brief survey of the top 20 articles in the field reveals that this fact is not sufficiently reflected in the academic literature. With reference to both existing studies and the contributions to this special issue, the editors go on to explore (1) the different forms of social policy by other means, (2) explanatory theories and (3) their effectiveness in terms of social outcomes. They close by outlining a research agenda.     

Civilian victimization and international military intervention in civil wars

Civil wars are particularly destructive and asymmetric in nature. As a result, humanitarian crises and episodes of one-sided violence against civilians are likely to emerge. In the post-Cold War era, human rights norms have been strengthened by a global commitment stating that nations have a responsibility to protect people against war crimes. Although the doctrine does not require military responses, as episodes of one-sided violence increase dramatically in the midst of civil conflict, we would expect those cases to experience relatively swift foreign response, including military intervention; a growing trend of at least purportedly humanitarian interventions should be observable. Expectations relating to the responsibility to protect are tested on all civil conflicts occurring between 1989 and 2006. Findings indicate that there is little evidence that one-sided violence leads to military intervention, suggesting that the internationally community does not use its most powerful tool to protect civilians in trouble.     

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.     

Entre la pampa del lenguaje y el alambrado de la escritura: la mancha roja como síntoma de la ambigüedad de lo real en La ocasión de Juan José Saer

La presencia recurrente del color rojo en La ocasión de Saer desempeña una función desestabilizadora en relación a la representación figurativa. En el artículo se establecen analogías entre esta función y el elemento voluble, no mimético de la pintura que el pensador e historiador de arte, Georges Didi-Huberman, denomina como “pan” en contraste con el detalle, categoría asociada con el carácter icónico de la pintura. Al igual que el “pan”, las manchas rojas en la novela apuntan a la dimensión de lo real que se resiste a la legibilidad y señala los límites de la narrativa realista. Saer se vale de contrastes cromáticos para aludir a tensiones políticas y epistemólogicas y a las paradojas de escribir una novela situada en el siglo diecinueve pero incorporando la experiencia literaria del siglo veinte.     

Technology transfer offices as providers of science and technology entrepreneurship education

The Journal of Technology Transfer - Universities show an increasing commitment to stimulate science- and technology-based entrepreneurship with the aim of contributing to societal and economic...     

Detracking America's schools: Equity at zero cost?

Schools across the country are ending the practice of grouping students based on ability, in part, because of research indicating that tracking hurts low-ability students without helping students of other ability levels. Using a nationally representative survey conducted by the National Center for Education Statistics, (NCES) we reexamine the impact of tracking on high school student achievement through the estimation of a standard education production function. This approach allows us to control for the possibility that track is correlated with factors such as class size and teacher education. In addition, we address the possibility that there are unobserved student or school characteristics that affect both achievement and track placement. Our results indicate that abolishing tracking in America's schools would have a large positive impact on achievement for students currently in the lower tracks, but that this increase in achievement would come at the expense of students in upper-track classes.