Rape Shield Laws and Sexual Behavior Evidence: Effects of Consent Level and Women’s Sexual History on Rape Allegations

Rape shield laws, which limit the introduction of sexual history evidence in rape trials, challenge the view that women with extensive sexual histories more frequently fabricate charges of rape than other women. The present study examined the relationship between women's actual sexual history and their reporting rape in hypothetical scenarios. Female participants (college students and a community sample, which included women working as prostitutes and topless dancers, and women living in a drug and alcohol rehabilitation center) imagined themselves in dating scenarios that described either a legally definable act of rape or consensual sexual intercourse. Additionally, within the rape scenarios, level of consensual intimate contact (i.e., foreplay) preceding rape was examined to determine its influence on rape reporting. Women were less likely to say that they would take legal action in response to the rape scenarios if they had extensive sexual histories, or if they had consented to an extensive amount of intimate contact before the rape. In response to the consensual sexual intercourse scenarios, women with more extensive sexual histories were not more likely to say that they would report rape, even when the scenario provided them with a motive for seeking revenge against their dating partner.     

论我国司法鉴定人出庭作证制度的完善

司法鉴定人出庭作证对法官采信正确鉴定意见、消除当事人对鉴定意见的怀疑、提高鉴定质量都有重要作用。但目前由于种种原因,司法鉴定人出庭作证率极低,需要我们认真分析其原因,完善司法鉴定人出庭作证制度。     

Study on the Method Used to Display Self‐fading Lines and Erasable Lines

Two new kinds of writing tools are popular in China's market. One is a self‐fading pen, and another is an erasable pen. The ink of the two kinds of writing tools has a remarkable characteristic that it can gradually fade or disappear under heat or be rubbed off. How to reveal the disappeared written lines is a very important question for document examiners. In this article, three series of ink line samples were made with five types of self‐fading pens, 18 types of erasable pens, and three types of papers. Temperature, humidity, and lighting are known as influential factors of the process, and the effect of fading was examined. Luminescence, ultraviolet (UV), sidelight, electrostatic indentation development,low temperature, and solution revealing methods are found to be effective methods used to reveal the disappeared written lines. The best operating conditions for each method were obtained from the conducted experiments.     

Changing perspectives in cognitive interviewing

A study is presented which investigated aspects of a specialist method for taking evidence from witnesses known as ‘Cognitive Interviewing’. Specifically, the study sought to evaluate four techniques used in this form of interviewing, namely the Report All, Reinstate Context, Change Order, and the Change Perspectives mnemonics. The findings suggest that while none of these mnemonics significantly increased inaccuracy, all but the Change Perspectives mnemonic facilitated recall of accurate information. The findings are discussed in terms of the applied functional utility of each of the mnemonics and the Cognitive Interview procedure in general.     

Children's testimony: Research findings and policy implications

Abstract

Traditionally the British legal system has taken a sceptical attitude toward the testimony of children, reflected in the competency requirement, the corroboration rule and the judicial caution. However, recent psychological research has suggested that children, properly interviewed, can provide invaluable testimony in securing convictions in cases of sexual or physical abuse. Research suggests that children's spontaneous accounts of events are generally accurate, and that suggestibility can be greatly reduced by appropriate questioning techniques. Partly as a result of such research, the legal hurdles surrounding children's evidence have been dismantled and procedural innovations, such as the use of the Videolink and videotaped interviews introduced. Empirical research demonstrates the success of the Videolink and a similar evaluation is planned for videotaped interviews. The latter has highlighted the need for a new research agenda which would include the impact of biased or repeated questioning, and requests to children from abusers to lie or keep secrets.     

书面询问制度在日本的移植及其启示

书面询问是德日民事诉讼中证人不出庭情况下的一种证据调查方法。与证人仅仅单方面提供书面证言不同,它通过书面问答的方式,尽可能实现法官与证人、当事人之间的实质交流。书面询问是直接主义、口头主义的例外,在适用条件和程序上有严格的限制,该方法与其他措施一起构成证人不出庭情况下的特殊证据调查体系。日本从德国移植该项制度并根据本国实际情况进行类型化设计,对我国相关司法问题的解决有重要启示。     

Does Ambivalent Sexism Influence Verdicts for Heterosexual and Homosexual Defendants in a Self-Defense Case?

The current research examined the role of defendant and participant sex, presence or absence of expert testimony of the “battered person syndrome”, and sexual orientation of the defendant on perceptions of guilt in a self-defense case. The role of sexism in judgments of culpability was also examined. A sample of 442 participants read a self-defense case scenario and responded to questions pertaining to verdict, defendant culpability, legal element ratings, and sexist attitudes. Results revealed a four-way interaction, showing female participants prescribed the lowest guilt ratings to heterosexual female and homosexual male defendants who received expert testimony of the battered person syndrome. When heterosexual male defendants received expert testimony, ratings of guilt significantly increased. A multiple regression was conducted to determine whether legal and extra-legal factors predicted defendant culpability. Sexist attitudes (benevolent sexism towards men and women) and certain legal elements were predictive of defendant culpability. Limitations and implications are discussed. Study findings were presented in a poster at the annual meeting of the American Psychology-Law Society (APLS), Jacksonville, Florida (March, 2008).     

清代州县审断的灵活性——以清代南部县档案中“判词”为例

分析清代川省南部县档案中的"判词"在知县审断中的运用、形式、内容以及作用等呈现出的特征,可以揭示有清基层衙门在审断纠纷上与中央官厅的不同面向,进而从审断中表达知县态度的文本——"判词"——这一侧面,说明了至少清季州县在纠纷审断上所具有的,也是当下司法所不具有的灵活性或自主性。