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Guilty
Terms modified by Guilty Selected AbstractsEditorial: "Guilty Secrets" from the New Managing Editor at JPCTHE JOURNAL OF POPULAR CULTURE, Issue 6 2008Deborah Carmichael No abstract is available for this article. [source] Disparities in care: Guilty until proven innocentANNALS OF NEUROLOGY, Issue 2 2009PhD Editor, S. Claiborne Johnston MD No abstract is available for this article. [source] THE LABELING OF CONVICTED FELONS AND ITS CONSEQUENCES FOR RECIDIVISM,CRIMINOLOGY, Issue 3 2007TED CHIRICOS Florida law allows judges to withhold adjudication of guilt for individuals who have been found guilty of a felony and are being sentenced to probation. Such individuals lose no civil rights and may lawfully assert they had not been convicted of a felony. Labeling theory would predict that the receipt of a felony label could increase the likelihood of recidivism. Reconviction data for 95,919 men and women who were either adjudicated or had adjudication withheld show that those formally labeled are significantly more likely to recidivate in 2 years than those who are not. Labeling effects are stronger for women, whites, and those who reach the age of 30 years without a prior conviction. Second-level indicators of county characteristics (e.g., crime rates or concentrated disadvantage) have no significant effect on the adjudication/recidivism relationship. [source] RACE, ETHNICITY, THREAT AND THE LABELING OF CONVICTED FELONS,CRIMINOLOGY, Issue 3 2005STEPHANIE BONTRAGER Florida law allows judges to withhold adjudication of guilt for persons who have either pled guilty or been found guilty of a felony. This provision may apply only to persons who will be sentenced to probation, and it allows such individuals to retain all civil rights and to truthfully assert they had not been convicted of a felony. This paper examines the effects of race and Hispanic ethnicity on the withholding of adjudication for 91,477 males sentenced to probation in Florida between 1999 and 2002. Hierarchical Generalized Linear Modeling is used to assess the direct effects of defendant attributes as well as the cross-level interactions between race, ethnicity and community level indicators of threat, such as percentage black and Hispanic and concentrated disadvantage. Our results show that Hispanics and blacks are significantly less likely to have adjudication withheld when other individual and community level factors are controlled. This effect is especially pronounced for blacks and for drug offenders. Cross-level interactions show that concentrated disadvantage has a substantial effect on the adjudication withheld outcome for both black and Hispanic defendants. The implications of these results for the conceptualization of racial/ethnic threat at the individual, situational and social levels are discussed. [source] INJUSTICE AND IRRATIONALITY IN CONTEMPORARY YOUTH POLICYCRIMINOLOGY AND PUBLIC POLICY, Issue 4 2004DONNA M. BISHOP Lionel Tate was 12 years old when he killed 6-year-old Tiffany Eunick. Tiffany had been staying at the Tate home and, by all accounts, got along well with Lionel. The two were playing at "wrestling" when Lionel decided to try out some moves that he had seen on television. He threw Tiffany across the room, inflicting fatal injuries. Despite the boy's tender age, the prosecutor transferred Lionel to criminal court on a charge of first-degree murder, an offense carrying a mandatory penalty of life without parole. The boy was given an opportunity to plead guilty to second-degree murder in return for a sentence of three years incarceration, but he rejected the offer. A jury subsequently convicted him of first-degree murder. At sentencing, the prosecution recommended leniency, which drew an angry response from the judge: If the state believed the boy did not deserve to be sent to prison for life, why hadn't it charged him with a lesser offense? Without any inquiry into the boy's cognitive, emotional, or moral maturity, the judge imposed the mandatory sentence.1 Raymond Gardner was 16 years old when he shot and killed 20-year-old Mack Robinson.2 Raymond lived in a violent urban neighborhood with his mother, who kept close watch over him. He had no prior record. He was an A student and worked part-time in a clothing store to earn money for college. On the day of the shooting, a friend came into the store to tell Raymond that Mack had a beef with him about talking to a girl, and was "looking to get him." The victim was known on the street as "Mack the Knife" because he always carried a small machete and was believed to have stabbed several people. To protect himself on the way home, Raymond took the gun kept under the counter of the shop where he worked. As he neared home, Mack and two other men approached and blocked his path. According to eyewitness testimony, Raymond began shaking, then pulled out the gun and fired. Mack ran into the street and fell. Raymond followed and fired five more shots into the victim's back as he lay dying on the ground. Raymond did not run. He just stood there crying. The prosecutor filed a motion in juvenile court to transfer Raymond on a charge of first-degree murder. The judge ordered a psychological evaluation, which addressed the boy's family and social background, medical and behavioral history, intelligence, maturity, potential for future violence and prospects for treatment. The judge subsequently denied the transfer motion. He found Raymond delinquent and committed him to a private psychiatric treatment facility.3 [source] Emotional reactions to harmful intergroup behaviorEUROPEAN JOURNAL OF SOCIAL PSYCHOLOGY, Issue 1 2006Ernestine H. Gordijn In this paper, we examined reactions to situations in which, although one is not personally involved, one could see oneself connected to either the perpetrators or the victims of unfair behavior. We manipulated participants' similarity and measured their identification to either one of two groups which participants later learned was the victim or the perpetrator of harmful behavior. As predicted, making salient similarities to the victims lead participants to: 1) appraise the perpetrator's behavior as more unfair; 2) experience more anger; and 3) be more likely to take action against it and less prone to show support for it as a function of their level of identification with their salient ingroup. In sharp contrast, focusing participants' attention on their similarities to the perpetrators reversed this pattern of findings: Compared to high identifiers, low identifiers appraised the behavior as more unfair than high identifiers, which made them feel angry (and guilty) and less likely to show support for the perpetrator's behavior. The data also provide strong support for a mediational model in which appraisal of the situation colors the emotional reaction which in turn orients action tendencies. We discuss the implications of our findings for the issue of group-based emotions. Copyright © 2006 John Wiley & Sons, Ltd. [source] In Memoriam: Mordecai Kaffman, M.D. (1917,2005)FAMILY PROCESS, Issue 2 2005Yoel Elizur Ph.D. A word of warning: the following ideas will be presented in plain everyday language, avoiding any type of professional lexicon. It may be that this down-to-earth form of presentation will disappoint some of my potential readers who are accustomed to peruse material presented in sophisticated meta-systemic language. All I can do is plead guilty, and in self-defense put forward two arguments. First, that I cannot escape the universal truth, "the style is the man," and second, that the simple ideas which I am to present here are all, without exception, the result of concrete clinical experience, with no admixture of theoretical armchair speculation. [source] PP amplitude bias caused by interface scattering: are diffracted waves guilty?GEOPHYSICAL PROSPECTING, Issue 2 2003Nathalie Favretto-Cristini ABSTRACT This paper is concerned with the problem of interpretation of anomalous seismic amplitudes, induced by the amplitude-scattering phenomenon. This phenomenon occurs in the vicinity of a crack distribution at the interface between elastic layers. The purpose of this work is to obtain a better understanding of the physics of this distinctive phenomenon, in order to interpret correctly the amplitudes of the reflected events. By analogy with studies in optics and in acoustics, we suggest that diffraction is widely involved in the amplitude-scattering phenomenon. Analytical evaluation of the amount of energy carried by the reflected and the diffracted waves shows that neglecting diffraction in numerical models leads to local underestimation of the amplitude of waves reflected at interfaces with gas-filled crack distribution. [source] History, Memory, and the Law: The Historian as Expert WitnessHISTORY AND THEORY, Issue 3 2002Richard J. Evans There has been a widespread recovery of public memory of the events of the Second World War since the end of the 1980s, with war crimes trials, restitution actions, monuments and memorials to the victims of Nazism appearing in many countries. This has inevitably involved historians being called upon to act as expert witnesses in legal actions, yet there has been little discussion of the problems that this poses for them. The French historian Henry Rousso has argued that this confuses memory with history. In the aftermath of the Second World War, judicial investigations unearthed a mass of historical documentation. Historians used this, and further researches, from the 1960s onwards to develop their own ideas and interpretations. But since the early 1990s there has been a judicialization of history, in which historians and their work have been forced into the service of moral and legal forms of judgment which are alien to the historical enterprise and do violence to the subleties and nuances of the historian's search for truth. This reflects Rousso's perhaps rather simplistically scientistic view of the historian's enterprise; yet his arguments are powerful and should be taken seriously by any historian considering involvement in a law case; they also have a wider implication for the moralization of the history of the Second World War, which is now dominated by categories such as "perpetrator,""victim," and "bystander" that are legal rather than historical in origin. The article concludes by suggesting that while historians who testify in war crimes trials should confine themselves to elucidating the historical context, and not become involved in judging whether an individual was guilty or otherwise of a crime, it remains legitimate to offer expert opinion, as the author of the article has done, in a legal action that turns on the research and writing of history itself. [source] Risk assessment and management: A community forensic mental health practice modelINTERNATIONAL JOURNAL OF MENTAL HEALTH NURSING, Issue 4 2002Teresa Kelly ABSTRACT: In Victoria, the Crimes (Mental Impairment and Unfitness to be Tried) Act (1997) reformed legal practice in relation to the detention, management and release of persons found by a court to be not guilty on the grounds of insanity or unfit to be tried. This Act provides a legal structure for such ,forensic patients' to move from secure inpatient facilities into the community. This new legislative landscape has generated challenges for all stakeholders and has provided the impetus for the development of a risk assessment and management model. The key components of the model are the risk profile, assessment and management plan. The discussion comprises theory, legislation, practice implications and limitations of the model. Practice implications concern the provision of objective tools, which identify risk and document strategic interventions to support clinical management. Some of the practice limitations include the model's applicability to risk assessment and management and its dependence on a mercurial multi-service interface in after-hours crisis situations. In addition to this, the paper articulates human limitations implicit in the therapeutic relationship that necessarily underpins the model. The paper concludes with an exploration of the importance of evaluative processes as well as the need for formal support and education for clinicians. [source] Guilty Bodies, Productive Bodies, Destructive Bodies: Crossing the Biometric BordersINTERNATIONAL POLITICAL SOCIOLOGY, Issue 2 2007CHARLOTTE EPSTEIN This article examines the forms of power brought into play by the deployment of biometrics under the lenses of Foucault's notions of discipline and biopower. These developments are then analyzed from the perspective of governmentality, highlighting how the broader spread of biometrics throughout the social fabric owes not merely to the convergence of public and private surveillance, but rather to a deeper logic of power under the governmental state, orchestrated by the security function, which ultimately strengthens the state. It is associated with the rise of a new governmentality discourse, which operates on a binary logic of productive/destructive, and where, in fact, the very distinctions between private and public, guilty, and innocent,classic categories of sovereignty,find decreasing currency. However, biometric borders reveal a complicated game of renegotiations between sovereignty and governmentality, whereby sovereignty is colonized by governmentality on the one hand, but still functions as a counterweight to it on the other. Furthermore, they bring out a particular function of the "destructive body" for the governmental state: it is both the key figure ruling the whole design of security management, and the blind spot, the inconceivable, for a form of power geared toward producing productive bodies. [source] Alibi Believability: The Effect of Prior Convictions and Judicial InstructionsJOURNAL OF APPLIED SOCIAL PSYCHOLOGY, Issue 5 2010Meredith Allison Undergraduates (N = 339) listened to a simulated police interview with a defendant concerning his alibi. We studied the impact of (a) the strength of the alibi evidence; (b) defendant's prior convictions; (c) judge's instructions on prior conviction evidence; and (d) perceivers' need for cognition (NFC) on alibi believability and defendant guilt ratings. Defendants previously convicted of the same crime as the current charge were seen as more likely to be guilty than defendants previously convicted of a different crime. Judge's instructions did not affect guilt ratings. NFC was less influential than anticipated, but did affect participants' understanding and recall of judicial instructions. Strong alibis were seen as more believable and led to lower guilt ratings than weak alibis. [source] Child-Witness and Defendant Credibility: Child Evidence Presentation Mode and Judicial Instructions,JOURNAL OF APPLIED SOCIAL PSYCHOLOGY, Issue 9 2001Tania E. Eaton Child-witness presentation mode, judicial instructions, and deliberation stage effects on juror ratings of child witness and defendant were investigated Perceptions of the impact of presentation mode on witnesses, juror task, and justice also were explored. Participants (N= 108) viewed a simulated child sexual abuse trial videotape. Overall child-witness credibility was significantly more positive with videodeposition or court-given child evidence than with videolink. The defendant was seen as more definitely guilty when child testimony was court given than by videodeposition or videolink. Presentation mode also significantly influenced perceived impact on child witness, defendant case, and juror task. Judicial instructions interacted with presentation mode to affect perceptions of impact on child witness and juror task. Findings are discussed in relation to previous research, and implications for future research and practice are outlined. [source] Expanding the traditional user versus non-user dichotomy amongst ecstasy usersJOURNAL OF COMMUNITY & APPLIED SOCIAL PSYCHOLOGY, Issue 1 2003Brian McMillan Abstract Differences in the drug use characteristics and psychosocial variables in the use and non-use of ecstasy within 845 16,25 year-olds in the UK was examined. Based on levels of ecstasy use and intentions, two groups of non-users (resistant and vulnerable), three groups of users (light, moderate and heavy) and an ex-user group were identified. It was found that there is predictive utility in this way of expanding the widely employed ,user versus non-user' dichotomy. Resistant non-users were more likely to be younger, female, and were characterized by lower levels of use of four other drugs (amphetamine, cannabis, cocaine and LSD). Those ,at risk' of using ecstasy reported more frequent use of amphetamine, LSD, and cannabis than resistant non-users. Heavy user groups reported using amphetamine, cocaine and LSD more frequently than all the other groups. Having ecstasy using friends increased the odds of being an ,at risk' non-user or an ecstasy user. Normative influence also differentiated between the three user groups (light, moderate, and heavy). Beliefs about ecstasy use being immoral, ecstasy offers being difficult to resist, ecstasy use making one feel guilty and ecstasy being readily available differentiated between user and non-user groups. These factors could usefully inform the content of health education materials designed to change ecstasy use. Copyright © 2003 John Wiley & Sons, Ltd. [source] The Dilemma of the Criminal Defendant with a Prior Record,Lessons from the Wrongfully ConvictedJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2008John H. Blume This article examines the conventional wisdom that innocent defendants will testify on their own behalf at trial. Data gathered from the cases of persons subsequently exonerated due to DNA evidence demonstrate that factually innocent defendants with criminal records do not testify on their own behalf at substantially higher rates than criminal defendants generally. Why? Ninety-one percent of factually innocent defendants with prior records declined to testify compared to the 55 percent rate at which defendants with prior criminal records declined to testify in a four-county sample of criminal cases. Why the difference? In the innocence cases, the primary reason counsel give for not taking the stand is that many of these individuals had been previously convicted of a crime, and they did not testify at trial because of the risk that their credibility would be impeached with evidence of the prior record, and that, despite any limiting instruction the court might give, the jury would infer that they were guilty based on their prior misdeeds. If one assumes that the defendants in a four-county sample are guilty, and that both the innocence sample and the four-county sample are reasonably representative, then there is a statistically significant association between defendants with criminal records failing to testify and innocence. Because the current legal regime appears to disproportionately discourage defendants, even factually innocent defendants, from telling their story at trial, the law should be changed. Only prior convictions for perjury should be potentially available for impeachment purposes. [source] Estimating the Accuracy of Jury VerdictsJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 2 2007Bruce D. Spencer Average accuracy of jury verdicts for a set of cases can be studied empirically and systematically even when the correct verdict cannot be known. The key is to obtain a second rating of the verdict, for example, the judge's, as in the recent study of criminal cases in the United States by the National Center for State Courts (NCSC). That study, like the famous Kalven-Zeisel study, showed only modest judge-jury agreement. Simple estimates of jury accuracy can be developed from the judge-jury agreement rate; the judge's verdict is not taken as the gold standard. Although the estimates of accuracy are subject to error, under plausible conditions they tend to overestimate the average accuracy of jury verdicts. The jury verdict was estimated to be accurate in no more than 87 percent of the NCSC cases (which, however, should not be regarded as a representative sample with respect to jury accuracy). More refined estimates, including false conviction and false acquittal rates, are developed with models using stronger assumptions. For example, the conditional probability that the jury incorrectly convicts given that the defendant truly was not guilty (a "Type I error") was estimated at 0.25, with an estimated standard error (s.e.) of 0.07, the conditional probability that a jury incorrectly acquits given that the defendant truly was guilty ("Type II error") was estimated at 0.14 (s.e. 0.03), and the difference was estimated at 0.12 (s.e. 0.08). The estimated number of defendants in the NCSC cases who truly are not guilty but are convicted does seem to be smaller than the number who truly are guilty but are acquitted. The conditional probability of a wrongful conviction, given that the defendant was convicted, is estimated at 0.10 (s.e. 0.03). [source] Effect of Two Types of Control Questions and Two Question Formats on the Outcomes of Polygraph Examinations,JOURNAL OF FORENSIC SCIENCES, Issue 4 2008Frank Horvath Ph.D. Abstract:, Two major variations of polygraph "Control Question" testing, the Zone Comparison (ZoC) and the Modified General Question Test (MGQT) were evaluated. Within each, the type of control question, Exclusive or "time bar" (e.g., "Before you were 21, did you ever...") and Nonexclusive or "no time bar"(e.g., "Did you ever,.?") was manipulated in a mock theft scenario, with 80 male and 40 female subjects randomly assigned to be either innocent or guilty. Polygraphic data collected by experienced field examiners were numerically scored by an evaluator blind to all aspects of the study. Decision accuracy was not related to the type of procedure (ZoC/MGQT) used or the subject's sex. Accuracy was significantly related to the type of control question [,2(2) = 11.46, p = 0.003; ,c = 0.29]. Nonexclusive control questions produced greater accuracy than Exclusive control questions on both innocent and guilty subjects. These results and subjects' self-reports support the general "theory" on which control question (CQ) testing is based. The need for better empirical support of accepted dogma and current field practices is strongly indicated by these findings. [source] Resuscitation Injuries Complicating the Interpretation of Premortem Trauma and Natural Disease in ChildrenJOURNAL OF FORENSIC SCIENCES, Issue 1 2006John Plunkett M.D. ABSTRACT: Minor soft tissues injuries are common in both adults and children who have had cardiopulmonary resuscitation (CPR). Potentially life-threatening injuries are rare. The pre-arrest history in a resuscitated adult often assists the pathologist to interpret autopsy findings. In contrast, an infant or child may not have a reliable history. In this situation, it may be difficult if not impossible to distinguish resuscitation injuries from pre-existing accidental or inflicted trauma. I describe two children who had significant autopsy-documented injuries initially attributed to abuse. The State filed murder charges against the caretaker in each case. However, further history and review of the medical records suggested that resuscitation rather than pre-arrest trauma caused almost all of the injuries. The State dismissed the charges in the first case. A jury returned a "not guilty" verdict in the second. It is essential to consider the entire history and not just autopsy findings when performing a death investigation. [source] Let's find the evidence: an analogue study of confirmation bias in criminal investigationsJOURNAL OF INVESTIGATIVE PSYCHOLOGY AND OFFENDER PROFILING, Issue 3 2010Eric Rassin Abstract People involved in criminal proceedings (e.g. police officers, district attorneys, judges, and jury members) may run the risk of developing confirmation bias, or tunnel vision. That is, these parties may readily become convinced that the suspect is guilty, and may then no longer be open to alternative scenarios in which the suspect is actually innocent. This may be reflected in a preference for guilt-confirming investigation endeavours, as opposed to investigations that are aimed at confirming, or even excluding, alternative scenarios. In three studies, participants read a case file, and were subsequently instructed to select additional police investigations. Some of these additional endeavours were guilt-confirming (i.e. incriminating), whereas others were disconfirming (i.e. exonerating). Results suggest that additional investigation search was guided by an initial assessment of the suspect's guilt (Study 1). Furthermore, participants' tendency to select incriminating investigations increased with increased crime severity, and with the strength of the evidence present in the case file. Finally, the selection of incriminating investigations was associated with conviction rates (Study 3). However, in general, participants did not favour incriminating endeavours. That is, in the three studies, the percentages of selected incriminating endeavours did hardly or not exceed 50%. Copyright © 2010 John Wiley & Sons, Ltd. [source] The use of a linkage analysis as evidence in the conviction of the Newcastle serial murderer, South AfricaJOURNAL OF INVESTIGATIVE PSYCHOLOGY AND OFFENDER PROFILING, Issue 3 2006Gérard N. Labuschagne Abstract The linking of a series of crimes to one individual has always been problematic, especially in the absence of eyewitness or forensic evidence. During the investigation, another means whereby this can be done is through linkage analysis. Yet a linkage analysis can also play a role during the trial of a serial offender. This paper examines the use of a linkage analysis report as evidence during the trial of the Newcastle serial murderer in South Africa. The linkage analysis examined the circumstances of the crime, modus operandi, and signature behaviour of the offender, to come to the conclusion that all the offences were committed by one individual, despite the lack of eyewitness or forensic evidence linking the suspect to two of the four incidents. This evidence was admitted by the court and the presiding officer concurred that the accused was guilty of committing the crimes during the third and fourth incidents. Copyright © 2006 John Wiley & Sons, Ltd. [source] ,Condemn a Little More, Understand a Little Less': The Political Context and Rights' Implications of the Domestic and European Rulings in the Venables-Thompson CaseJOURNAL OF LAW AND SOCIETY, Issue 3 2000Deena Haydon In 1993 Jon Venables and Robert Thompson were found guilty of the abduction and murder of two-year-old James Bulger. Aged ten at the time of the offence, the children were tried in an adult court before a judge and jury amidst a blaze of publicity. They were named by the trial judge and sentenced to detention at Her Majesty's Pleasure [HMp]. The Home Secretary set a minimum tariff of fifteen years imprisonment. In December 1999 the European Court of Human Rights held that, in the conduct of the trial and the fixing of the tariff, the United Kingdom government was responsible for violating the European Convention on Human Rights. This article maps how the case became a watershed in youth justice procedure and practice influencing Labour's proposals for reform and the 1998 Crime and Disorder Act. Examining the progression of appeals through the domestic and European courts, it explores the dichotomous philosophies separating the United Kingdom and European approaches to the age of criminal responsibility, the prosecution and punishment of children, and the influence of political policy on judicial decisions. Finally, the ,backlash' against ,threatening children', the affirmation of adult power and knowledge, and the implications of the European judgments in the context of a rights-based agenda are analysed. [source] Fregean Equivocation and Ramsification on Sparse Theories: Response to McCullaghMIND & LANGUAGE, Issue 5 2000George Bealer The paper, which begins with a brief summary of my anti-functionalist ,Argument from Self-consciousness', has two main goals. First, to show that this argument is not guilty of a Fregean equivocation regarding embedded mental predicates, as has been suggested by Mark McCullagh and others. Second, to show the argument cannot be avoided by weakening the psychological theory upon which reductive functional definitions are based. Specifically, it does no good to excise psychological principles involving embedded mental predicates. Why? Because reductive functional definitions based on the resulting sparse theories are exposed to an interesting new family of counterexamples. [source] Has Wittgenstein Been Misunderstood by Wittgensteinian Philosophers of Religion?PHILOSOPHICAL INVESTIGATIONS, Issue 1 2003Richard Amesbury The appropriate application of Wittgenstein's thought to problems in the philosophy of religion has long been debated. A body of emerging scholarship argues that the philosophers of religion who pioneered this application are guilty of having misunderstood and distorted Wittgenstein's thought. This paper seeks to counter these charges by arguing that they generally depend on either construals of Wittgenstein's thought that are themselves implausible or misreadings of the philosophers against whom they are levied. Special attention is given to accusations of fideism, quietism, expressivism, and positivism, as well as to the work of Phillips, Winch, and Rhees. [source] Cyber Bullying Behaviors Among Middle and High School StudentsAMERICAN JOURNAL OF ORTHOPSYCHIATRY, Issue 3 2010Faye Mishna Little research has been conducted that comprehensively examines cyber bullying with a large and diverse sample. The present study examines the prevalence, impact, and differential experience of cyber bullying among a large and diverse sample of middle and high school students (N = 2,186) from a large urban center. The survey examined technology use, cyber bullying behaviors, and the psychosocial impact of bullying and being bullied. About half (49.5%) of students indicated they had been bullied online and 33.7% indicated they had bullied others online. Most bullying was perpetrated by and to friends and participants generally did not tell anyone about the bullying. Participants reported feeling angry, sad, and depressed after being bullied online. Participants bullied others online because it made them feel as though they were funny, popular, and powerful, although many indicated feeling guilty afterward. Greater attention is required to understand and reduce cyber bullying within children's social worlds and with the support of educators and parents. [source] Within-individual discrimination on the Concealed Information Test using dynamic mixture modelingPSYCHOPHYSIOLOGY, Issue 2 2009Izumi Matsuda Abstract Whether an examinee has information about a crime is determined by the Concealed Information Test based on autonomic differences between the crime-related item and other control items. Multivariate quantitative statistical methods have been proposed for this determination. However, these require specific databases of responses, which are problematic for field application. Alternative methods, using only an individual's data, are preferable, but traditionally such within-individual approaches have limitations because of small data sample size. The present study proposes a new within-individual judgment method, the hidden Markov discrimination method, in which time series-data are modeled with dynamic mixture distributions. This method was applied to experimental data and showed sufficient potential in discriminating guilty from innocent examinees in a mock theft experiment compared with performance of previous methods. [source] ONE FIGHT, ONE TEAM: THE 9/11 COMMISSION REPORT ON INTELLIGENCE, FRAGMENTATION AND INFORMATIONPUBLIC ADMINISTRATION, Issue 2 2006HANS DE BRUIJN In its report published in 2004, the National Commission on Terrorist Attacks Upon the United States (known as the ,9/11 Commission') analyses the functioning of the Intelligence Community (ICo). It indicates that the ICo is both over-fragmented and guilty of not sharing enough information. The Commission recommends that central control of the ICo needs to be strengthened and that more incentives for information-sharing should be designed. This article takes a critical look at these two recommendations. Sharing information carries major risks and is therefore not something that can take place as a matter of course. Moreover, information has to be subject to a selection process before it can be shared. This selection cannot be measured objectively, so mistakes in the selection are unavoidable. Strengthening central control also poses risks: it engenders more battles over territory, it does not improve understanding of the capillaries of the organization , the capillaries being where the primary processes of information gathering, validation and assessment take place , and it involves the destruction of checks and balances. Fragmentation may even be functional since it leads to redundancy, itself a safeguard against the risk of misselecting relevant information. [source] From Victim to Victimhood: Truth Commissions and Trials as Rituals of Political Transition and Individual HealingTHE AUSTRALIAN JOURNAL OF ANTHROPOLOGY, Issue 2 2003Michael Humphrey The victim has been put at the centre of states' post-atrocity strategies to reform governance, rehabilitate state authority and promote reconciliation. This paper explores the role of the victim in the truth commissions and trials aimed at reconciliation and justice and their experiences of the outcomes. The successor state's focus on recovering victims after mass atrocity ritually inverts the former regime's project of producing them. In both truth commissions and trials the state seeks to manipulate the ,spectacle' of the victim's pain and suffering to publicly project the power of the state for different ends. Whereas the repressive state seeks to deepen the effects of violence as a strategy of rule, the successor state seeks to reverse the social and political effects of violence. These strategies of transitional justice have sought to reverse the effects of exclusion, to reverse the direction of state power from producing victims towards redeeming victims, from injuring to healing. Because of the problems of mass criminality and widespread impunity, truth commissions have become widely adopted in preference to trials as a bureaucratic response to bureaucratic murder. They set about producing a ,democratising truth' through a process of public inquiry located outside the state in the people. On the whole, the process, the public testimony and the witnessing has been better received than the product, the reports and the reparations. By contrast, trials seek to produce a societal consensus based on the recovery of the law. But in both cases the victim is redeemed through the individualising discourse of law or the polarising logic of trials which establishes the guilty and innocent. The truth of atrocity is found in affirming gross human rights abuses in victims, in transacted violence rather than the deeper structures of violence. Thus, victimhood is built on a universalising human rights discourse which overly individualises the origins of atrocity. [source] PERSPECTIVES: Permeating proton found guilty in compromising TRPM2 channel activityTHE JOURNAL OF PHYSIOLOGY, Issue 10 2010László Csanády No abstract is available for this article. [source] Identifying Miscarriages of Justice: Why Innocence in the UK is Not the AnswerTHE MODERN LAW REVIEW, Issue 5 2007Article first published online: 20 AUG 200, Hannah Quirk This article examines two contrasting proposals for the reform of criminal appeals: the government's recent proposal that the guilty should no longer have their convictions quashed on ,technicalities'; and calls by campaigners for the Court of Appeal to consider innocence rather than the ,safety of the conviction,' together with their associated attempts to establish Innocence Projects in the UK. Despite the rhetorical power of ,innocence' as a campaigning tool, it is contended that to import such a standard into the legal system would be retrogressive and counter-productive, both as a safeguard against wrongful convictions and in protecting the integrity of the system. In order to be meaningful, due process protections must apply to all. The government's proposals attack this principle directly; innocence campaigners risk unwittingly assisting their endeavours. [source] Skulking around the dinosaur: Eliciting cues to children's deception via strategic disclosure of evidenceAPPLIED COGNITIVE PSYCHOLOGY, Issue 7 2010Franziska Clemens Research has shown that cues to deception are more salient as an effect of strategic use of evidence (SUE) during interviews. This study examined the feasibility of the SUE-technique for eliciting cues to children's deception. Experiment 1 investigated verbal cues to deception as a function of early vs. late disclosure of evidence. Eighty-four children (12,14 years) either guilty or innocent of a mock crime were interviewed. As predicted, deceptive statements were significantly more inconsistent with the evidence than truthful statements, and this was more pronounced as a function of late compared to early disclosure of evidence. In Experiment 2, adult observers (N,=,168) made veracity assessments of the videotaped statements. Observers in the late disclosure condition achieved an accuracy rate higher than chance (63.1%), whereas accuracy rates in the early disclosure condition were at chance level (56%). Accuracy rates were significantly higher for truthful (70.2%), than deceptive statements (48.8%). Copyright © 2009 John Wiley & Sons, Ltd. [source] | ||||||||||||||||||||||||||||