Individual differences in interrogative suggestibility: life adversity and field dependence

Since the turn of the century much research has explored the concept of interrogative suggestibility, with recent research highlighting a sizeable link between the reported experience of negative life events (NLEs) and performance on the Gudjonsson Suggestibility Scale 1 (GSS1). The present study sought to reinvestigate the previously found novel relationship, as well as explore the role of field dependence as a possible coping mechanism implemented during interview by such vulnerable interviewees. As expected, highly significant correlations between NLEs and the suggestibility components of the GSS emerged. Field dependence, however, failed to correlate significantly with either NLE or GSS scores. Nonetheless, some additional findings relating to age, NLEs, and shift scores on the GSS were noted, which may help further our understanding of the NLE to interrogative suggestibility relationship. A new group of vulnerable interviewees, who are as yet unrecognized by the police or courts, has also been identified.     

A field evaluation of the VIPER system: a new technique for eliciting eyewitness identification evidence

Abstract

The main aim of the study was to investigate the rate of claimed false confession during police questioning and identify variables that best discriminate between false confessors and non-false confessors. The participants were 24 627 high school students in seven countries in Europe. Out of 2726 who had been interrogated by the police as a suspect, 375 (13.8%) claimed to have made false confessions to the police. Logistic regression analyses showed that for both boys and girls, having attended substance abuse therapy, been attacked and bullied, and having committed a burglary, significantly discriminated between the false confessor and non-false confessor. In addition for boys, having been sexually abused by an adult outside the family was the single best predictor. The study shows the importance of history of victimization and substance misuse among adolescents in relation to giving a false confession to police during interrogation.     

Encouraging eyewitnesses to falsely corroborate allegations: effects of rapport-building and incriminating evidence

Building rapport involves developing a harmonious relationship with another person and conveying understanding and acceptance towards that person. Law enforcement officers use rapport-building to help gather information from witnesses. But could rapport-building, in some situations, work to contaminate eyewitness testimony? Research shows that compelling incriminating evidence can lead people to corroborate false accusations made against another person. We investigated whether rapport-building – when combined with either Verbal or Verbal+Visual false evidence – might boost these corroboration rates. Subjects took part in a pseudo-gambling task, in which their counterpart was falsely accused of cheating. Using a 2 (Rapport: Rapport vs. No-rapport) × 2 (Incriminating Evidence: Verbal vs. Verbal+Visual) between-subjects design, we persuaded subjects to corroborate the accusation. We found that both rapport and verbal+visual incriminating evidence increased the compliance rate. Even when the incriminating evidence was only presented verbally, rapport-building subjects were almost three times as likely to corroborate a false accusation compared to subjects who did not undergo rapport-building. Our results suggest that although there is widespread and strong support for using rapport-building in interviews, doing so also has the potential to aggravate the contaminating power of suggestive interview techniques.     

The Central Park Jogger Case-Police Coercion and Secrecy in Interrogation

Abstract

The prosecution and recent legal reversals in the New York “Central Park Jogger” case are discussed with a focus on the preoccupation with crime in US society and concerns regarding racial discrimination in the legal system. It is argued that the inherently coercive nature of interrogation, and the secrecy that surrounds custodial interrogation, create conditions that are ripe for abusive treatment. The phenomenon of false confession is presented and discussed with regard to the Central Park Jogger and other cases. The author advocates the recording and preservation of the entire period of custodial questioning so that there is an objective record of the interrogation methods that lead to “confession” statements.     

制贩假证犯罪的现状及应对措施

制贩假证犯罪日渐猖獗,具有犯罪主体的地域性和亲缘性明显、犯罪日益组织化、犯罪手段信息化、犯罪人员的反侦查能力较强等特点。制贩假证犯罪之所以屡禁不止,除了存在市场需求、暴利驱使和犯罪成本低的原因外,还有政府相关部门对制贩假证违法犯罪的防控与打击不力等因素。为了更有效地打击和防控制贩假证犯罪,应加强在实体空间和虚拟空间的阵地控制,同时运用前置性侦查模式,主动查控犯罪,并且综合各警种力量,整体联动,发挥合力。     

诬告陷害罪构成之论辩——以高天虎诬告陷害罪为例

实践中,诬告陷害罪的定罪常以考察被告发人行为定性为前提,但是诬告陷害罪的基础是告发人而非被告发人的行为,被告发人行为定性并非诬告陷害罪的构成要件.只要告发人诬告行为至少侵害了司法机关的正常活动,告发人明知其告发的内容存伪,但为使被告发人受到刑事追究仍进行告发,达到情节严重的,告发人即构成诬告陷害罪.     

PROTECTING OUR CHILDREN FROM SEX OFFENDERS: HAVE WE GONE TOO FAR?

On July 27, 2006, U.S. President George W. Bush signed into law the Adam Walsh Child Protection and Safety Act. This federal statute was created to serve as a tougher, more modern improvement of its predecessor in the ongoing effort to protect children from dangerous sexual predators. However, the Act did not amend the controversial federal mandate that all 50 states include the crimes of kidnapping and false imprisonment against a minor, committed by a nonparent, and without any sexual motivation or misconduct, as a crime requiring a wrongdoer to register as a sex offender. This Note demonstrates how the kidnapping and false imprisonment requirements of the Adam Walsh Act have led to a misuse of state sex offender registries to the detriment of the children they claim to protect. The solution that this Note proposes will provide each individual state with the freedom to decide how, if at all, these contentious offenses will fit into its sex offender registry, taking into consideration the state's unique statutory language, available child protective resources, and constitutional limitations. As a result, petty criminals who do not pose any real or specific threat to children will no longer be grouped with the most dangerous and violent sexual predators, child protective funds will be better utilized, and the public's attention will be refocused on the real threats to children, thereby satisfying the spirit and purpose of the Adam Walsh Act.     

虚假破产罪若干问题研究

虽然《刑法修正案（六）》对构成虚假破产罪主体的公司、企业没有任何限制性规定,但从立法精神上来看,虚假破产罪的主体应当只能是法人公司、企业。虚假破产罪的行为内容不仅包括隐匿财产、承担虚构的债务或者以其他方法转移、处分财产行为,至少还应当包括申请启动破产程序的行为。认定虚假破产罪要注意其与妨害清算罪以及非虚假破产的普通逃债行为的区别。     

马尔库赛对“消费控制”的批判及其现实意义

马尔库赛从资本主义社会的消费控制是造成单向度的人的重要原因的角度，对“消费控制”进行了批判。剖析马尔库赛对“消费控制”的批判，有利于正确消费观念的树立和社会主义精神文明建设。     

完善虚假广告侵权民事救济的法律思考——基于社会化责任视角

目前,虚假广告已经变成社会的一大公害,现实生活中虚假广告的泛滥也在某种程度上检讨着我国当前规制虚假广告侵权的民事救济体制。基于社会化责任视角,完善虚假广告侵权的民事救济,要完善虚假广告侵权的归责原则和损害赔偿原则,完善虚假广告侵权民事诉讼主体制度,完善虚假广告侵权集团诉讼与公益诉讼制度。