Perceptions of coercion in interrogation: comparing expert and lay opinions

ABSTRACT

When confessions are entered into evidence in criminal courts, issues of coercion and voluntariness are important and often contested matters. Occasionally, defense attorneys proffer expert witnesses to testify about the coercive pressures of an interrogation and the risk of a false confession. Such testimony is often ruled inadmissible on the grounds that it does not inform the jury beyond its common knowledge. In our effort to test this judicial assumption about common knowledge, we surveyed jury-eligible laypeople (n?=?67) and social scientists specializing in interrogation and confessions (n?=?54) regarding their opinions about the coerciveness of prohibited interrogation tactics, maximization techniques, minimization techniques, and suspect risk factors and compared their ratings with a set of independent t tests. Laypeople gave lower ratings to the coerciveness of all sets of items representing interrogation techniques, and lower ratings to the vulnerabilities associated with suspect risk factors, as compared to social science experts. The disparities between laypeople’s and experts’ perceptions of coercion in interrogations demonstrate that such issues are not fully within the common knowledge of prospective jurors, and suggest the need to provide jurors with expert witness guidance when tasked with evaluating confession evidence.     

PCR法对HLA-DQ_α基因的分型及其在性犯罪鉴定中的应用

本文应用 PCR 法及 ASO 探针斑点杂交技术,对100例无关个体血液 DNA 及10例性犯罪案件混合斑中精子 DNA 进行了 HLA-DQα基因的扩增及其 DNA 分型。结果正常人0.1～0.3μgDNA 就能满足 DQα基因扩增的需要。在100例个体中可以观察到由4种等位基因组成的10种 DQα基因型。10例不同条件的混合斑中精子 DNA 经30～60次扩增后与 ASO 探针杂交均能准确地判定 DQα基因型。HLA-DQα是个体识别能力较强的遗传标志。本文为性犯罪中精子来源的个体识别提供了一个新方法,具有一定的实用价值。     

构建打击网络淫秽色情犯罪的电子证据体系

淫秽色情网站已经对我国互联网的健康发展造成了危害,但在对淫秽色情网站进行打击的过程中却存在种种困难,特别是电子证据的获取和应用方面还有很多亟待解决的问题。为有效打击网络淫秽色情违法犯罪,应该积极推动确立电子证据的法律地位,设立专门机构,完善工作机制,建立标准化的应用体系。     

《行政强制法》下的卫生行政强制执行程序

《行政强制法》是我国行政立法发展的又一里程碑,而法律的完善又直接关系到行政强制行为的规范化程度。面对新法实施,卫生行政机关应以行政强制一般原理为基础,结合卫生领域行政强制实践状况,分析现行强制执行的模式及具体程序,研究《行政强制法》应有之规定并提出相关完善建议,积极应对法制环境的新变化,从而更好地规范自身行为、提高执法效能。     

论“君子协定”下的婚内强奸——从婚姻本质说起

一般情况下丈夫与妻子发生性关系并不构成强奸罪.但在有正当理由下妻子可以拒绝丈夫的请求权,若丈夫使用暴力、胁迫或其他手段强行与妻子发生性行为应视情况以虐待罪、侮辱罪或故意伤害罪处罚.若夫妻处于诉请离婚阶段时,夫妻之间的婚姻契约因向法院起诉而宣告有随时解约的可能性,此时丈夫强行与妻子发生性关系属违背妇女意志,应视为强奸罪,但应转为告诉罪以区别一般的强奸罪.     

Reviews

Books reviewed:
Ibbetson A Historical Introduction to the Law of Obligations
Ripstein Equality, Responsibility and the Law
Rubio-Marin Immigration as a Democratic Challenge: Citizenship and Inclusion in Germany and the United States     

Differentiation of vaginal cells from epidermal cells using morphological and autofluorescence properties: Implications for sexual assault casework involving digital penetration

This work explores morphological and autofluorescence differences between vaginal and epidermal cells detectable through Imaging Flow Cytometry (IFC), a non-destructive, high-throughput technique. These differences were used to build a predictive framework for classifying unknown cells as originating from vaginal or epidermal tissue, which was tested on hand swabbings with and without digital penetration. Many more cells possessing a vaginal signature (median posterior probability ≥0.90) were detected in digital penetration samples than control hand swabbings. Minimum interpretation thresholds were developed to minimize/eliminate false positives; these thresholds were also effective when screening licked hands, indicating the potential utility of this method for a variety of biological mixture types and depositional events relevant to forensic casework.     

A Monte Carlo simulation and sensitivity cost benefit analysis for use of nylon 4N6FLOQSwabs®

Forensic genetic laboratories are challenged with implementing innovation even if the benefits to operational performance are well demonstrated often because of internal budget constraints. A prospective cost–benefit analysis (CBA) could support justification for an increased budget by effectively demonstrating in a system-based approach the relatively small cost of increasing a laboratory budget can substantially reduce costs to society (both qualitatively and monetarily). A Monte Carlo simulation and sensitivity CBA was performed using a more expensive swab (i.e., nylon 4N6FLOQSwabs®) compared with a less costly cotton swab. Ranges of input values and tangible and intangible benefits were considered. The outcome is that the relatively small increased cost of using a nylon swab pales compared with the potential tangible and intangible benefits to the overall system. This approach provides a sounder basis for requesting additional funds to support implementation of technologies and better approximates realistic situations while accommodating uncertainty of input values.     

Securing reliable information in investigative interviews: coercive and noncoercive strategies preceding turning points

ABSTRACT

Investigative interviewers apply a range of physical, cognitive, social or legalistic strategies to secure information from suspects. The perceived effectiveness of coercive and noncoercive strategies on turning points was examined by interviewing 34 practitioners and 30 high value detainees in East Asian and Western jurisdictions. Each recounted an interview with an initially uncooperative detainee who became cooperative, or an initially cooperative detainee who became resistant or silent. Analyses of interview narratives identified perceived turning points in the practitioner-suspect relationship associated with clear outcomes. Independent of jurisdiction, 56% of the noncoercive strategies were associated with cooperation, yielding reliable information in 49.4% and true admissions in 20.0% of the cases. In contrast, coercive strategies were perceived as more ineffective (58.9%) than effective (14.6%) in securing information. Physical coercion, intimidation and deception were most frequently acknowledged to yield false information. These findings suggested prioritisation of noncoercive social and physical interview strategies and international consensus on best practices.     

Review on female sexual offenders: findings about profile and personality

Introduction

Although in the past sexual abuse was perceived as an issue connected only with males the contemporary literature is placing increasing emphasis on the role of female sexual perpetrators. There is still disagreement about the definition of sexual abuse, the frequency that it occurs and the characteristics of the women that are sexual abusers.

Methods

Thorough research of the main databases (MEDLINE and PsycInfo), for case reviews and studies along with restriction on European and North American literature, is due to perceived culture differences. Further investigation for relevant studies through web search engines such as Google, locates agencies and organizations that are interested and connected to sexual abuse issues.

Results

Distinction between sexual offense and sexual abuse has as a result difference in the characteristics of female sexual perpetrators. They are mainly young (age up to 36 years old), friends or relatives of the victim, using more persuasion and psychological coercion and legally charged in a lesser extent compared with male abusers. However the psychological consequences for the victim can be more severe.

Conclusion

A unanimous view of what is female sexual abuse is difficult to reach. Often it is under reported, unrecognized or considered ethically more acceptable than male abuse. It is also connected with an increased self-report of history of sexual abuse of the perpetrators. A typology of female sexual abusers should be developed. Treatments focusing on different psychological interventions along with prevention and public awareness can be a powerful tool in reduction of sexual abuse perpetrated by females.