The effect of choice reversals on blindness for identification decisions

The present study examined blindness for identification decisions from target-present (TP) and target-absent (TA) lineups using a field study methodology. Eighty pedestrians were exposed to a staged theft. Subsequently, they were asked to identify the thief and the victim from separate, simultaneous six-person lineups. Their identification decision concerning the thief lineup was manipulated such that participants’ selections were exchanged with a previously unidentified lineup member (choice exchange) and lineup rejections were turned into identifications (choice reversal). Participants were 7–10 times less likely to detect choice exchanges (66.7%) compared with choice reversals (11.2%). Furthermore, identification accuracy was not a prerequisite for detection. Thus, rejections and particularly selections made from both TP and TA lineups are susceptible to choice blindness. Finally, our study implies that for blindness in eyewitness identification decisions between-category changes (i.e. choice reversals) are easier to detect than within-category changes (i.e. choice exchanges).     

Sexual Dimorphism of Maxillary Sinus Dimensions Using Cone‐Beam Computed Tomography

Sex determination of unknown persons plays an important role in forensic medicine. Cone‐beam computed tomography (CBCT) is an excellent imaging modality for accurate measurement of maxillary sinus dimensions. This study aimed to evaluate whether maxillary sinus measurements on CBCT scans can be applied for sex determination. The width, length, and height of maxillary sinuses in CBCT images of 100 patients (50 males and 50 females) were measured. Student's t‐test and discriminant function analysis were used to compare differences in the measured parameters between males and females. The correct predictive accuracy rate of sex determination was 78% in females and 74% in males with overall accuracy of 76%. Based on discriminant analysis, the most pronounced variable in differentiation of sex groups was maxillary sinus height. This study suggests that maxillary sinus measurements can be valuable for sex determination in forensic investigation, especially for cases in which other traditional methods are not applicable.     

法治评估的有效性和准确性——以中国八项法治评估为检验分析对象

自余杭法治指数初创至今,法治评估实践在我国已历经15载,现俨然成为中国法治实践学派的标签。那么量化法治实践中究竟如何才能保证法治评估的有效性和准确性?要回答这一问题,首先需要对我国现有法治评估的有效性和准确性进行科学检验。在明确界分法治评估有效性和准确性概念基础上,采用验证性因子分析法、探索性因子分析法对我国4项法治评估的有效性进行检验。经检验,我国法治评估的有效性特征表现为:结构效度低,理论构想的整体符合度低。采用主成分分析法、重新赋值法对我国8项法治评估的准确性进行检验,结果表明,余杭法治指数、四川依法治省评估、中国法治满意度评估等3项准确度低;江苏依法行政评估等1项准确度一般;中国法治政府评估、广东法治政府满意评价、广东法治社会满意度评价、上海法治满意度指数等4项准确度高。文末根据检验结论,提出保证法治评估有效性和准确性4个方面的实验研究路径。     

Mediated Communication with Minors in Asylum-seeking Hearings

This study evaluated caseworkers’ information-seekingprompts in interviews with asylum-seeking minors and assessesthe accuracy of the translations provided by interpreters. Twentysix Russian-speaking minors were individually interviewed byone of 10 caseworkers assisted by one of 17 interpreters. Aquantitative analysis examined the type of questions asked andthe accuracy of the corresponding renditions. The actual andtranslated content of the messages were examined using a qualitativeanalysis. The study showed that interviewers relied heavilyon focused questions, which are more likely to elicit inaccurateinformation. When open questions were asked, the interviewerstended to ask narrow ‘directive’ questions ratherthan broader ‘invitations’. The interpreters’renditions of utterances were often inaccurate. Almost halfof the misrepresentations altered the content and one thirdinvolved changes in the type of question asked. This indicatesthat both interviewers and translators clearly need specialtraining to ensure that they serve asylum-seeking minors adequately.     

专家证言的概念性挑战

本文重点考察了专家知识与案件审理模式之间的关系。总体而言,案件审理是一种教育性活动,其间,事实认定者应能够理解、处理和思考证据,并得出理性的结论。这一过程反映了审理中准确事实认定的根本重要性,若没有准确的事实认定,权利和义务便是空谈。专家证据通常涉及一种遵从性而非教育性的诉讼程序模式,从这一点上来说其有悖于常规的审判理想状态。本文讨论了这一发展过程、其形成原因及其后果。若要实现审判的理想状态,那么替代性措施（即所有证据应以教育性模式呈现）则更为优越。如果证据无法以此种方式（教育性模式）呈现,那么在审理过程中通过证据所展现的待证事项便无法与常规的审判理想状态保持一致。     

眼球运动参数在图片填充测验中识别合作程度的准确性分析

目的研究不同眼球运动参数在识别颅脑外伤所致精神障碍患者在图片填充测验过程中合作与不合作的准确性差异。方法收集进行精神伤残程度评定的颅脑外伤所致精神障碍患者140例,以韦氏智力测验中“图片填充”的21张图片作为刺激图片,根据二项必选数字记忆测验及鉴定专家意见分为合作组与不合作组,通过SMI眼动追踪系统获取研究对象在完成21张图片填充过程中的眼球运动参数,利用ROC曲线评估眼球运动参数在识别颅脑外伤患者在精神伤残程度评定中合作与不合作的准确程度。结果就整个图片填充测验过程而言,眨眼次数、注视次数、瞳孔直径、眼跳次数、眼跳潜伏期、眼跳平均加速度、眼跳平均纵向速度、眼跳峰值纵向速度的曲线下面积(area under curve,AUC)值大于0.5,其中眨眼次数的AUC值为0.645,优于其他眼球运动参数。具体到单个刺激图片,眨眼次数在特定刺激图片下的AUC值可大于0.8,瞳孔X轴直径的AUC值可大于0.7。结论眼球运动参数识别颅脑外伤所致精神障碍患者合作与不合作的准确程度与刺激图片有关,眨眼次数分辨合作与不合作的准确性要优于其他眼球运动参数。     

The accuracy and reliability of the Suchey–Brooks pubic symphysis age estimation method: Systematic review and meta-analysis

Suchey–Brooks method has been studied many times with varying reports of accuracy and reliability. A systematic review and meta-analyses were utilized to quantitatively determine the accuracy and reliability of the Suchey–Brooks (S-B) method. A systematic search of PubMed and EBSCO health and medical databases was performed. Meta-analyses were performed to quantify the relationship between actual known age at death and the S-B method using Spearman's Rho and Pearson's r for (1) combined males and females estimates, (2) male-only estimates, and (3) female-only estimates. Overall correlation coefficient using Cohen's kappa, Spearman's Rho, and Pearson's r was also calculated to determine the interrater and intrarater reliability using the S-B method. Eighteen studies classified as moderate-to-high methodological quality met the inclusion criteria. The sample sizes were different for the combined male and female (n = 2620), male-only (n = 2602), and female-only (n = 1431) meta-analyses. The effect size of the age at death meta-analyses was large and significant for combined males and females (Spearman's Rho = 0.62; Pearson's r = 0.65), male-only (Spearman's Rho = 0.77; Pearson's r = 0.75), and female-only (Spearman's Rho = 0.71; Pearson's r = 0.71). The overall correlation coefficients of the interrater (Kappa = 0.76; Spearman's Rho = 0.73; Pearson's r = 0.80) and intrarater (Kappa = 0.81; Spearman's Rho = 0.91; Pearson's r = 0.83) reliability meta-analyses were large and significant. A significant degree of heterogeneity was present in all meta-analyses, with minimal evidence of publication bias. The meta-analyses results suggest the S-B method is highly reliable with a moderate-to-high degree of accuracy. Our results also identified sample size and accuracy differences between male and female individuals.     

Children's identification of unfamiliar voices on both target-present and target-absent lineups

ABSTRACT

A robust finding from the eyewitness literature is that children are as accurate as adults on target-present lineups from the age of five years, whereas they continue to make an erroneous false positive identification from a target-absent lineup up until around fourteen years of age (Pozzulo, J. D., & Lindsay, R. C. L. (1998). Identification accuracy of children versus adults: a meta-analysis. Law and Human Behavior, 22(5), 549–570). The current study explores whether the same pattern occurs when voices are used instead of faces. A total of 334 participants from six age groups (6–7-year-olds, 8–9-year-olds, 10–11-year-olds, 12–13-year-olds, 14–15-year-olds and adults) listened to a 30 second audio clip of an unfamiliar voice and were then presented with either a six person target-present or target-absent voice lineup. Overall, participants were more accurate with target-present than target-absent lineups. Moreover, performance on target-present lineups showed adult-like levels of attainment by 8–9 years of age. In contrast, performance on target-absent lineups was extremely poor, with all age groups tending to make a false identification. Confidence was higher when participants made correct rather than incorrect decisions for both types of lineup and this did not change with increasing age. Given these results, both child and adult earwitness evidence needs to be treated with considerable caution.     

Expert witness in international war crimes tribunals

Abstract

The author has served as an expert witness in eight different cases tried before war crimes tribunals, involving twelve accused. Only three of the twelve accused were convicted. Seven were acquitted and two cases are still pending. The general defense strategy in such cases is to admit the crimes, but to challenge the involvement or responsibility of the accused. Identity then becomes the main issue to be proven by the prosecution. From the verdicts it appears that problems of identification were a major reason for acquittal. A closer look at the cases demonstrates that these problems were entirely due to an astounding naivety of the various prosecutors with respect to identification issues. The identification procedures used by the investigators were violating even the basic principles developed in many years of research in the area of psychology and law. This is even more shocking when it is realized how important these trials are, not only for the accused, but also for the witnesses, the victims, their relatives, their communities, and for international justice.

Since 1987 I have been asked eight times to testify in war crimes trials. The venues were, in chronological order:

• The Special Court in Jerusalem for the trial of suspects accused of crimes in the Second World War – the case against John Demjanjuk.

• The Special Dutch Court for the trial of suspects accused of crimes against humanity in the Second World War – the case against Marinus De Rijke.

• The International Criminal Tribunal for the former Yugoslavia (ICTY); five cases: against Du?ko Tadi? (IT-94-1), Vlatko Kupreskic (IT-95-16), Fatmir Limaj et al. (IT-03-66-T), Ramush Haradinaj et al. (IT-04-84), and Ljubisa Beara (IT-05-88-T).

• The International Criminal Tribunal for Rwanda (ICTR) – the case against Jérôme–Clement Bicamumpaka (ICTR 99-5-T).

In this paper I will describe some of my experiences, and try to formulate some lessons that I have learned.