"Streitanhängigkeit" zwischen (außerstreitigem) Unterhaltsenthebungsantrag und (streitiger) Oppositionsklage

Die Verfahrensverbindung nach § 12 Abs 2 Au?StrG dient (wie § 233 ZPO oder Art 27 EuGVVO) dazu, parallele Verfahren und damit widersprechende Entscheidungen zu verhindern. Eine rechtswegübergreifende Verbindung kommt aber ebenso wenig in Betracht wie eine grenzüberschreitende. Haben eine Oppositionsklage und ein sp?ter eingebrachter Antrag auf Enthebung von der Unterhaltspflicht das gleiche Rechtsschutzziel (Enthebung ab einem bestimmten Tag), ist der sp?ter eingebrachte Enthebungsantrag zurückzuweisen.     

A closer look at the information provision rationale: Civil society participation in states’ delegations at the UNFCCC

The previous literature contends inter alia that states may welcome the participation of civil society groups in global environmental governance due to their provision of information. The following research takes this argument as a starting point for a closer examination of its validity within the international climate change regime (UNFCCC) and, specifically, with regard to civil society involvement in states’ negotiation delegations. First, the author theoretically unfolds the information provision argument from a demand, i.e., state perspective along the bureaucratic quality of a country, the salience of a negotiation issue, and regime type. From this foundation, secondly, new data on the composition of states’ negotiation delegations in the UNFCCC is analyzed. The results seem to indicate that the information provision mechanism is unlikely to apply in the context under study. The paper, thus, concludes by providing alternative explanations.     

Fall from a Balcony—Accidental or Homicidal? Reconstruction by Numerical Simulation

In the case presented, conflicting witness accounts and the subject's injuries were highly suspicious of an assault that might have caused the balcony fall. For the reconstruction, a simulation software, originally designed for motor vehicle accident reconstruction, was used. Three scenarios were simulated using the PC‐Crash multibody pedestrian model: (S1) Subject was pushed against and fell over balcony rail, (S2) subject fell off from a seated position, (S3) subject fell off from a prone position on the rail. (S1) could be ruled out due to inconsistent results in terms of landing area and minimum velocity. Realistic results were obtained for (S3) with a fall off from a prone position on the rail. After a few months, the comatose subject awoke and gave an account of what had happened being consistent with the simulation results. This case demonstrates the feasibility of multibody simulations also in cases of nontraffic incidents.     

Effects of preconceptions on deception detection and new answers to why lie-catchers often fail

Abstract

This study investigated the extent to which crediting and discrediting background information, given to observers before they watched three video-taped interviews with the same witness, affected their veracity judgments. Our analyses show that the observers' distribution of truth/lie-judgments were more affected by crediting than discrediting background information. We also mapped the subjective cues given to justify the truth/lie-judgments, and found that the most frequently used cue was whether or not the three statements were consistent over time. In addition, our analysis revealed two types of inter-observer disagreements. One type referred to how different cues were perceived (e.g., forty observers perceived the three statements as being inconsistent over time while an equal number perceived the same three statements as being consistent over time). The second type referred to how different cues were used (e.g., the fact that the witness was perceived as not being confident in his testimony worked against him equally as often as it worked for him).     

A “weapon focus” effect in children

In this paper we examined beliefs about deception held by legal professionals. Three groups of presumed expert lie-catchers were investigated: police officers ( n =104), prosecutors ( n =158), and judges ( n =251). The experts' beliefs about deception were remarkably inconsistent with the general pattern resulting from studies mapping actual cues to deception. For example, a majority of police officers believed there is a strong relationship between (a) deceptive behaviour and gaze aversion and (b) deceptive behaviour and an increase in body movements. The scientific literature does not support this view. Furthermore, all three professional groups believed that truthful consecutive statements are more consistent than deceptive, and that it is easier to detect deception in interactive than non-interactive contexts. Research on deception shows the opposite. For five of the seven investigated items we found significant between-group differences. Both the genesis and the implications of these differences are discussed. Judging from self-ratings, the presumed experts admitted knowing close to nothing about scientific research on deception.     

Guilty and innocent suspects’ strategies during police interrogations

Abstract

Deception detection has largely failed to investigate guilty and innocent suspects’ strategies. In this study, mock suspects (n=82) were interrogated by police trainees (n=82) who either were or were not trained in the technique to strategically use the evidence (the SUE technique). Analyses revealed that guilty suspects to a higher degree than innocent suspects applied strategies in order to appear truthful. Guilty suspects reported diverse strategies, while innocent suspects reported the strategy to tell the truth like it had happened, indicating a belief in the visibility of innocence. The realism in the suspects’ expectation about how their veracity was judged was largely dependent on the way in which they had been interrogated. The truth-telling suspects who were interrogated according to the SUE technique were optimistic about being judged as truthful; this optimism was warranted as the vast majority of them were classified as truthful. The SUE technique seems to help (a) spotting guilty suspects without them being aware of it and (b) spotting innocent suspects, and they become aware of it. That innocent (but not guilty) suspects can read how the interrogator views them is advantageous for the investigative process.     

MDS use with crime scene data replicates poorly: response to Goodwill,Alison, and Humann (this issue) and Davis (this issue)

Abstract

Examinations of treatment attrition form an important – although sometimes neglected – component of evaluating a correctional programme's effectiveness in reducing recidivism. Previous research has identified offender characteristics that predict non-completion. This study investigated non-completion in 138 high-risk, violent male prisoners attending an intensive cognitive–behavioural programme. Almost one-third of men who commenced it did not complete the 7-month programme. Most asked to leave of their own accord, or were removed for ongoing offending. In contrast to previous research, no support was found for the hypothesis that those who terminated treatment prematurely were more in need of intervention than those who completed the programme; non-completers did not differ from completers on static estimates of criminal risk, PCL-R scores, demographic variables or self-report scales measuring dynamic risk factors. It was concluded that successful prediction using variables related to criminal risk and criminogenic need depends both on the characteristics of programme participants, and on contextual factors such as programme policies: when high-risk high needs offenders are a programme's target clientele, variables related to risk and need will have limited predictive utility. From a practice perspective, the programme was successful in retaining through to completion a relatively untreatable group: high-risk offenders with moderate to high PCL-R scores.     

The Self-Administered Interview: a means of improving children's eyewitness performance?

Abstract

In order to obtain the most informative and correct statements, witnesses should be heard as soon as possible after the incident. However, this is not always possible. This experimental study investigated whether completing a Self-Administered Interview form (SAI) immediately after a critical event could enhance children's witness performance at a later stage. Children (N = 194, age 11–12) reported their memory of an event in a structured SAI, an open SAI, or did not report their memory (control). Two weeks later, the children were interviewed about the event. Before the interview, half of the children were subjected to social influence from a co-witness. Children's free recall of the event was enhanced by the SAI. More precisely, children in the SAI-Structured condition reported more details about the event than children in the SAI-Open condition and the control condition, without a loss of accuracy. The SAI manipulation did not, however, reduce children's vulnerability to social influence. The results suggest that the use of a SAI might prove a simple and yet effective way of increasing the quality of statements from child witnesses in some situations.