Assessing Testimonial Evidence in Asylum Proceedings: Guiding Standards from the International Criminal Tribunals

Although credibility determinations rest at the core of refugeeprotection, international refugee law has failed to developa body of evidentiary principles that is tailored to the uniquedimensions of the testimony of those seeking asylum. This articleexamines recent developments in assessing oral testimony ininternational criminal law. International criminal law judges,like national asylum adjudicators, must transcend geographic,linguistic, cultural, educational and psychological barriersin order to assess the credibility of testimony. As a result,these new international courts have developed a body of principlesof international evidence law for assessing the testimony ofalleged victims of, and witnesses to, human rights abuses. Currentsocial science research on the asylum procedures in severaljurisdictions reveals that asylum decision makers often failto adapt the determination process to account for the realitiesof refugees presenting their cases in legal fora, directingproceedings with a ‘presumptive skepticism’ of claims.It is argued that the nuanced and rigourous model for the assessmentof the testimonial evidence of alleged victims and witnessesof human rights abuses in war crimes trials introduces effectiveinternational norms for the assessment of credibility in asylumproceedings.     

A Brief History of Doing Time: The California Institution for Women in the 1960s and the 1990s

Recent scholarship on penality describes profound changes in the ideology, discourses, and policies shaping criminal punishment in the late-twentieth-century United States. To assess the implications of these changes for those subject to criminal punishment, we examine the experiences of women in prison at two key points in the recent history of penality. We compare how imprisonment was practiced and responded to at the California Institution for Women in the early 1960s, when the rehabilitative model dominated official penal discourse, and in the mid-1990s, near the height of the "get tough" era. We find that the ways in which women related and responded to other prisoners, to staff, and to the prison regime, while in some ways specific to one or the other penal era, did not fundamentally change. Thus, penal regimes ostensibly informed by profoundly different rationalities nevertheless structured the daily lives of prisoners through a very similar set of deprivations, restrictions, and assumptions.     

Pedophiles: A case study

This study characterizes men who have engaged in habitual sexual conduct with children, or pedophiles. This examination is designed as a content analysis using the academic and practitioner press to describe pedophilia characteristics among predators. The sample of three convicted predators is not the focus of this investigation but used to primarily to help operationalize the realities of pedophiles as seen in the literature. All three participants were offenders in a high profile event in the region of the country where they individuals were apprehended, tried, and eventually convicted. The findings indicate that the behavior of most pedophiles is a way of life prior to, during, and after incarceration. One implication arising from this finding is that rehabilitation might be pointless for these offenders. Further research is suggested to determine classification levels of pedophiles in order to best serve the communities these offenders are released into.