Fingerprint error rate on close non‐matches

The accuracy of fingerprint identifications is critically important to the administration of criminal justice. Accuracy is challenging when two prints from different sources have many common features and few dissimilar features. Such print pairs, known as close non‐matches (CNMs), are increasingly likely to arise as ever‐growing databases are searched with greater frequency. In this study, 125 fingerprint agencies completed a mandatory proficiency test that included two pairs of CNMs. The false‐positive error rates on the two CNMs were 15.9% (17 out of 107, 95% C.I.: 9.5%, 24.2%) and 28.1% (27 out of 96, 95% C.I.: 19.4%, 38.2%), respectively. These CNM error rates are (a) inconsistent with the popular notion that fingerprint evidence is nearly infallible, and (b) larger than error rates reported in leading fingerprint studies. We conclude that, when the risk of CNMs is high, the probative value of a reported fingerprint identification may be severely diminished due to an elevated false‐positive error risk. We call for additional CNM research, including a replication and expansion of the present study using a representative selection of CNMs from database searches.     

No,prime minister: explaining the House of Commons’ vote on intervention in Syria

On 29 August 2013, the UK House of Commons inflicted the first defeat on a Prime Minister over a matter of war and peace since 1782. Recalled to debate and vote on UK intervention in Syria, the Commons humbled the government and crucially impacted the development of UK foreign policy. This article places that vote, and the developments leading to it, in the context of the role of parliaments in security policy and explores the relationships between parliamentary influence, leadership, intra-party and intra-coalition politics, and public opinion. From an in-depth analysis of leaders’ statements and parliamentary debate, we find a combination of intra-party politics and party leadership were most significant. An additional factor – the role of historical precedent – was also important. Our analysis explores the fluidity and interconnectedness of the various factors for parliamentary influence in foreign policy and offers directions for future theoretical development and empirical research.     

The Reliability of Pattern Classification in Bloodstain Pattern Analysis,Part 1: Bloodstain Patterns on Rigid Non‐absorbent Surfaces

This study was designed to produce the first baseline measure of reliability in bloodstain pattern classification. A panel of experienced bloodstain pattern analysts examined over 400 spatter patterns on three rigid non‐absorbent surfaces. The patterns varied in spatter type and extent. A case summary accompanied each pattern that either contained neutral information, information to suggest the correct pattern (i.e., was positively biasing), or information to suggest an incorrect pattern (i.e., was negatively biasing). Across the variables under examination, 13% of classifications were erroneous. Generally speaking, where the pattern was more difficult to recognize (e.g., limited staining extent or a patterned substrate), analysts became more conservative in their judgment, opting to be inconclusive. Incorrect classifications increased as a function of the negatively biasing contextual information. The implications of the findings for practice are discussed.     

Legal responses to child sexual abuse cases in the Children’s Court of Victoria: study findings on a case-management approach

Child sexual abuse cases present Children’s Courts with distinctive challenges. The highly conflictual nature of child sexual abuse cases means they do not lend themselves to the usual adversarial court processes that characterise the conduct of Magistrate Court matters in Australia. With this in mind, the Children’s Court in Victoria established for 12 months in 2013 a pilot specialised judicial list (known as the ‘D’ List) which offered an intensive Magistrate-led case management approach to child sexual abuse cases in the Family (child protection) Division of the Court. The operation of the List was evaluated to assess the suitability and effectiveness of this approach, and to investigate the challenges associated with managing and deciding this class of cases. The findings confirmed that the List provided better management of cases and reduced delay. Given this, the Court is continuing the judicially proactive intensive case management approach and dedicated list for child sexual abuse matters and extending it to regional courts; believing it to be a more effective approach to managing and deciding this complex class of cases.     

Juror adjustments to the reasonable doubt standard of proof

The standard of proof beyond a reasonable doubt is based on the law's primary motivation to avoid false conviction even at the expense of increasing the probability of false acquittal. Individual jurors, however, have common sense motivations to make factually correct decisions by avoiding both types of error. As a result jurors may interpret the standard of reasonable doubt correctly but deviate from that interpretation in predictable ways when they apply the standard in court. This study makes three hypotheses: (1) jurors are less confident when deciding on acquittal than when deciding upon conviction, (2) conviction is associated with a downward adjustment of the interpreted stringency of the standard at the time of application, and (3) a highly stringent interpretation of the standard is associated with a severe downward adjustment of that stringency at the time of application. The study asked 260 juror-eligible participants to examine a trial scenario. The participants first interpreted the stringency of the legal standard on a probability scale. They then judged the probability of the defendant's guilt, decided on a verdict, and rated their confidence in that verdict. The findings strongly supported all three hypotheses. Application and implication of the study were discussed.     

“法律不知有害”质疑

我国大多数学者认为对事实的不知无害,对法律的不知有害,因而实务中对法律错误一般不予以救济。但事实上,不管是在罗马法上,还是在当代的大陆法系和英美法系,大部分国家都会对部分法律错误予以救济。而在确定何种法律错误可予以救济时,应充分考量在特定情况下对表意人"知法推定"的合理性以及表意人与第三人之间的利益衡量。     

论警务实战指挥决策风险与控制

指挥决策风险在警务实战行动中是客观存在的。风险与决策风险是由若干要素构成的。在实战中,决策风险直接影响和制约指挥活动的成效,决定实战行动的成败。通过分析,我们可以了解和掌握影响决策风险的要素。对指挥决策风险进行有效控制,这是公安机关指挥员的一个重要任务和课题。     

破解当前农村“三访”难题的思考

农村是信访案件的源头,是信访工作的重点、难点和关键点。要有效堵住信访的源头,科学应对信访工作的新情况、新问题,基层党委、政府必须提高五种能力,即提高从源头上预防和减少信访问题的能力;提高解决初信初访的能力;提高非正常集体访案件处理能力;提高重大疑难信访和历史遗留问题处置的能力;提高依法规范信访工作行为的能力。同时要细化信访目标管理考核办法,坚决执行信访责任追究制度等措施,只有这样,农村＂三访＂问题才能从根本上得到有效解决。     

政府危机管理中的公民有序参与研究

公民有序参与政府危机管理,有利于提高公民危机应对能力、降低危机管理成本。目前我国政府危机管理中的公民有序参与处于较低水平,面临着观念、法制、能力、组织等诸多方面的障碍。因此,要通过转变观念、完善法律法规、建立健全信息公开制度等途径,扩大和规范公民有序参与的行为。     

The Mr. Big technique on trial by jury

Mr. Big is a Canadian undercover police technique used to elicit confessions. Undercover officers befriend the suspect, and gradually draw them into a fictitious criminal organization. Upon meeting the boss of the organization, ‘Mr. Big’, the suspect is pressured to confess. When evidence from the sting operation, including the confession, is presented later in court, it may induce juror moral prejudice towards a defendant. We evaluated how situational and dispositional sting factors (crime task severity, financial incentive, and defendant intelligence) influence mock juror moral prejudice and decision-making in Mr. Big cases. Results from Experiment 1 (N?=?270) showed fewer guilty verdicts in the high incentive conditions. In Experiment 2 (N?=?1,666), high incentive and low defendant intelligence were related to fewer guilty verdicts, more favorable ratings of defendant character, and more skeptical evaluations of confession evidence. Additionally, there were differences between community and student participants on multiple outcomes.