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41.
From an observer''s perspective, pain is a fairly nebulous concept—it is not externally visible, its cause is not obvious, and perceptions of its intensity are mainly subjective. If difficulties in understanding the source and degree of pain are troublesome in contexts requiring social empathy, they are especially problematic in the legal setting. Tort law applies to both acute and chronic pain cases, but the lack of objective measures demands high thresholds of proof. However, recent developments in pain neuroimaging may clarify some of these inherent uncertainties, as studies purport detection of pain on an individual level. In analyzing the scientific and legal barriers of utilizing pain neuroimaging in court, it is prudent to discuss neuroimaging for deception, a topic that has garnered significant controversy due to premature attempts at introduction in the courtroom. Through comparing and contrasting the two applications of neuroimaging to the legal setting, this paper argues that the nature of tort law, the distinct features of pain, and the reduced vulnerability to countermeasures distinguish pain neuroimaging in a promising way. This paper further contends that the mistakes and lessons involving deception detection are essential to consider for pain neuroimaging to have a meaningful future in court.  相似文献   
42.
英国作家萨克雷的成名作《名利场》中一位重要的主人公,追慕虚荣、损人利己的女冒险家靠着自己的姿色在上流社会的浮华世界里左右逢源,生活腐败糜烂,冷酷自私、虚伪狡诈而又泼辣能干,具有自由竞争时代资产阶级的冒险、投机精神。沿着追求名利这一性格脉络,作者多方面地勾画出她的丰富复杂的性格特点。本文从多视角剖析这位主人公复杂的性格特点。  相似文献   
43.
    
Abstract

The offender who feigns a psychotic disorder represents a significant challenge in forensic practice with serious implications if misdiag-nosis or mismanagement occur. The present study focuses on gathering empirical data regarding the presentation of offenders who fake auditory hallucinations and other psychotic symptoms. The objective is to provide clinically useful indicators derived from examining the patterns of characteristics reported by simulating and genuine patients, which may aid the clinician needing to distinguish authentic from feigned presentations of auditory hallucinations.  相似文献   
44.
作为主合同债务人的"欺诈"行为,毫无疑问也要影响保证人保证意思表示的效力.正确认定保证合同的效力并不影响依法对主合同债权人利益的保护.根据公平原则,也要兼顾对无过错保证人的利益保护.  相似文献   
45.
We report on findings from a study into differences in personality and background characteristics between juvenile sex offenders who commit their sex offenses on their own and those who do so in a group. Solo offenders were found to score significantly higher on neuroticism, impulsivity and sensation seeking, but scored lower on sociability. In addition, the solo offenders in the sample were more often recidivists for sexual offenses, and were more often themselves a victim of a sexual offense. Solo offenders were significantly older than juveniles who had committed a sexual offense with a group. On the basis of these results we recommend differential treatment for the two types of offenders.  相似文献   
46.
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).  相似文献   
47.
    
Abstract

We describe two experiments designed to verify whether the source monitoring (SM) model categories and the cognitive interview (CI) contribute to distinguishing true from false statements. We used a 2 Type of Interview (Structured/Cognitive) × 2 Statement Condition (True/False) design with 18 interviewers in a sample group of 240 gender-matched university students being interviewed about a film fragment. In Experiment 1, participants who lied exculpated the protagonist from rape, whereas in Experiment 2 their lies were aimed at accusing an innocent person. As dependent variables we used criteria from the SM: details, supporting memories, thoughts and feelings and cognitive operations. The results suggest that the statements of honest participants interviewed using the CI provided more overall information than those obtained under any other condition. When a lie is aimed at exculpating someone from criminal behaviour, statements involve more cognitive operations and less sensory, temporal and contextual information, but only when the structured interview (SI) is used. When the lie is aimed at falsely accusing someone, the SI and the CI produce similar results. We discuss the forensic importance of these findings.  相似文献   
48.
    
Abstract

Criteria-Based Content Analysis (CBCA) is a tool to assess the veracity of written statements, and is used as evidence in criminal courts in several countries in the world. CBCA scores are expected to be higher for truth tellers than for liars. The underlying assumption of CBCA is that (i) lying is cognitively more difficult than truth telling, and (ii) that liars are more concerned with the impression they make on others than truth tellers. However, these assumptions have not been tested to date. In the present experiment 80 participants (undergraduate students) lied or told the truth about an event. Afterwards, they completed a questionnaire measuring “cognitive load” and “tendency to control speech”. The interviews were transcribed and coded by trained CBCA raters. In agreement with CBCA assumptions, (i) truth tellers obtained higher scores than liars, (ii) liars experienced more cognitive load than truth tellers, and (iii) liars tried harder to control their speech. However, cognitive load and speech control were not correlated with CBCA scores in the predicted way.  相似文献   
49.
    
Abstract

Despite the recognition that traditional methods of fighting the rising and pressing crime of insurance fraud are ineffective, much attention in the process of its detection is still paid to the characteristics of false claims and of people submitting them. Although there is some research looking into the assumptions insurance companies hold about these characteristics, the question of the general public knowledge about them has been rather neglected. This appears unjustified in light of the fact that it is ‘the average’ opportunistic driver most likely to lie about their loss. The results of this project, employing the method of thematic analysis, whereby the narratives of 25 male drivers are examined, challenge the correctness of corporate assumptions about what the layman driver could know about insurance fraud.  相似文献   
50.
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.  相似文献   
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