Was ist seit BGHSt 45, 164 geschehen? Ein Überblick über die neuere Rechtsprechung des Bundesgerichtshofs zur Beurteilung der Glaubhaftigkeit von Zeugenaussagen

Zusammenfassung  Der 1. Strafsenat des Bundesgerichtshofs hat in seinem Urteil vom 30. Juli 1999 (BGHSt 45, 164) die wissenschaftlichen Anforderungen beschrieben, die an eine aussagepsychologische Begutachtung (Glaubhaftigkeitsgutachten) zu stellen sind, und die Richter verpflichtet, zukünftig darauf zu achten, dass diese Mindeststandards bei der Erstattung von Gutachten eingehalten werden. Ausgehend von dieser Entscheidung stellt der Beitrag die seitherige Entwicklung der Rechtsprechung zur Glaubhaftigkeitsbeurteilung von Zeugenaussagen dar. Er geht dabei über die an das Gutachten zu stellenden Anforderungen hinaus und befasst sich auch damit, wann ein solches Gutachten erforderlich, von wem es zu erstatten und in welcher Weise es vom Richter in den Entscheidungsgründen darzustellen ist. Zudem schildert er, welchen Einfluss die Anerkennung der hypothesengeleiteten, kriterienorientierten Aussageanalyse auf die Beweiswürdigung durch den Tatrichter und deren überprüfung durch das Revisionsgericht hat.

Contextual override of pragmatic anomalies: evidence from eye movements

Readers typically experience processing difficulty when they encounter a word that is anomalous within the local context, such as 'The mouse picked up the dynamite...'. The research reported here demonstrates that by placing a sentence in a fictional scenario that is already well known to the reader (e.g., a Tom and Jerry cartoon, as a context for the example sentence above), the difficulty usually associated with these pragmatic anomalies can be immediately eliminated, as reflected in participants' eye movement behaviour. This finding suggests that readers can rapidly integrate information from their common ground, specifically, their cultural knowledge, whilst interpreting incoming text, and provides further evidence that incoming words are immediately integrated within the global discourse.     

Categorical priming of famous person recognition: a hitherto overlooked methodological factor can resolve a long-standing debate

The Burton, Bruce and Johnston [Burton, A. M., Bruce, V., & Johnston, R. A. (1990). Understanding face recognition with an interactive activation model. British Journal of Psychology, 81, 361-380] model of person recognition proposes that representations of known persons are connected by shared semantic attributes. This predicts that priming should be observed between persons from the same category, e.g. famous persons with the same occupation. Empirical investigations to date have produced mixed results, and comparison of methods suggests that priming based on shared occupation may have been suppressed by the presence of prime-target pairs representing a stronger relationship of close association. In the present experiment, 72 participants performed a familiarity decision to famous names preceded by close associates or members of the same occupational category. As predicted, categorical priming was observed in the group of participants for whom the same occupation prime-target pairs were presented before the close-associate pairs, but not in the group for whom the two types of relationship were intermixed. Associate priming was significant in both groups. These results are attributed to differing levels of processing of the primes, invoked by participants' observation of the most salient prime-target relationship.     

Functional analyses and treatment of precursor behavior

Functional analysis has been demonstrated to be an effective method to identify environmental variables that maintain problem behavior. However, there are cases when conducting functional analyses of severe problem behavior may be contraindicated. The current study applied functional analysis procedures to a class of behavior that preceded severe problem behavior (precursor behavior) and evaluated treatments based on the outcomes of the functional analyses of precursor behavior. Responding for all participants was differentiated during the functional analyses, and individualized treatments eliminated precursor behavior. These results suggest that functional analysis of precursor behavior may offer an alternative, indirect method to assess the operant function of severe problem behavior.     

Effects of message framing and temporal context on college student drinking behavior

This study evaluated the interactive effects of message framing and temporal context on college student alcohol use. Participants (n = 228) were randomly assigned to read an alcohol prevention message that varied by message frame (gains vs. losses) and temporal context (short- vs. long-term consequences). Participants returned to the lab one month later to report their drinking behavior over the past month. As predicted, students exposed to the gain-framed message reported lower alcohol use (drank less frequently, drank fewer alcoholic beverages per drinking occasion, and engaged in less binge drinking) as compared to students exposed to the loss-framed message, but only if they read about short-term consequences of alcohol use. Message frame had no effect when participants were exposed to long-term consequences. This investigation extends previous research by demonstrating the effectiveness of message framing for reducing health-damaging behaviors and by identifying temporal context as a moderator of framing effects.     

Cohort Differences in Personal Goals and Life Satisfaction in Young Adulthood: Evidence for Historical Shifts in Developmental Tasks

This study investigated the influence of changing socio-historical conditions on personal goals in young adulthood. It was hypothesized that socio-historical changes related to individualization have resulted in shifts in goal pursuit. Participants from three birth cohorts reconstructed their important goals when they were 20 years old. Members of the oldest cohort were born between 1920 and 1925. Members of the middle cohort were born between 1945 and 1950. Members of the youngest cohort were born between 1970 and 1975. Goal content, the degree to which goals were perceived as being shared by members of the same cohort (social sharedness), perceived control over goal attainment, success in attainment, and life satisfaction at age 25 were measured in a retrospective study. Results show consistent shifts over time. Whereas members of older cohorts mentioned goals related to classical developmental tasks, members of younger cohorts mentioned more individualistic, self-related goals and goals related to education. The processes through which goal pursuit influenced life satisfaction also changed. Perceived social sharedness of goals was a direct predictor of life satisfaction for the oldest cohort. For the younger cohorts, perceived control over goal attainment influenced success which in turn influenced life satisfaction. These changes support the contention that developmental tasks and processes are historically variant.     

What is wrong with religious education? A response to Philip Barnes

This article reviews Philip Barnes’ account of problems with religious eEducation (RE), and explores the practical implications of his position. Acknowledging his compelling logic – that RE is premised on an acceptance of all religions as equally theologically true – this article argues for optimism: with controversy and ambiguity moving to centre stage, a re‐orientation of RE’s attainment targets could focus RE curricula and provide a measure of direction for future progress. Equally, a focus on developing individual values for life in a plural democracy – where personal destinies often conflict both culturally and existentially – would likewise give RE a more potent purpose and the foundations for a normative agenda. Inspired by J.S. Mill, this article concludes that such RE may have to move beyond the classroom to achieve its potential as a critical, inclusive, relevant and progressive subject with coherent social and educational aims.     

Socially oriented values and reciprocity norm predict organizational commitment

The current research concerns the predictors and organizational outcomes of normative commitment in Chinese companies. In Study 1, using a semi-structured interview, we identified internalization of socially oriented value and reciprocity norm as two possible predictors of normative commitment. Survey results confirm the factorial independence of these two predictors. Study 2 examined the predictive relationship of these predictors with employee job satisfaction, turnover intention, in-role performance, and organizational citizenship behaviour (OCB). The results showed that value internalization predicts higher job satisfaction and weaker turnover intentions via normative commitment, whereas reciprocity predicts higher job satisfaction, weaker turnover intention, and more frequent display of OCB via normative commitment. These findings are discussed in terms of their implications for future research and management practices.     

No Plaything: Ethical Issues Concerning Child-pornography

Academic discussion of pornography is generally restricted to issues arising from the depiction of adults. I argue that child-pornography is a more complex matter, and that generally accepted moral judgements concerning pornography in general have to be revised when children are involved. I look at the question of harm to the children involved, the consumers, and society in general, at the question of blame, and at the possibility of a morally acceptable form of child-pornography. My approach involves an objectivist meta-ethics and a utilitarian view of practical ethics, and I bring out the advantages of these theories to the consideration of moral issues such as this one.

Nodal structure and the partitioning of equivalence classes

By definition, all of the stimuli in an equivalence class have to be functionally interchangeable with each other. The present experiment, however, demonstrated that this was not the case when using post-class-formation dual-option response transfer tests. With college students, two 4-node 6-member equivalence classes with nodal structures of A-->B-->C-->D-->E-->F were produced by training AB, BC, CD, DE, and EF. Then, unique responses were trained to the C and D stimuli in each class. The responses trained to C generalized to B and A, while the responses trained to D generalized to E and F. Thus, each 4-node 6-member equivalence class was bifurcated into two 3-member functional classes: A-->B-->C and D-->E-->F, with class membership precisely predicted by nodal structure. A final emergent relations test documented the intactness of the underlying 4-node 6-member equivalence classes. The coexistence of the interchangeability of stimuli in an equivalence class and the bifurcation of such a class in terms of nodal structure was explained in the following manner. The conditional discriminations that are used to establish a class also imposes a nodal structure on the stimuli in the class. Thus, the stimuli in the class acquire two sets of relational properties. If the format of a test trial allows only one response option per class, responding on those trials will be in accordance with class membership and will not express the effects of nodal distance. If the format of a test trial allows more than one response option per class, responding on those trials will be determined by the nodal structure of the class. Thus, the relational properties expressed by the stimuli in an equivalence class are determined by the discriminative function served by the format of a test trial.