Video playback,affective witnessing,and the mobility of trauma: Video evidence of violent crime in the criminal justice system

In today's technologically mediated society, video is increasingly relied upon as an objective and reliable source of evidence in the investigation and prosecution of violent crimes. The now pervasive presence of violent video in the criminal justice system, however, presents new challenges for understanding repeated work-related exposure to and witnessing of potentially traumatic material and its impacts. Thus, this project seeks to qualitatively examine the relational affective processes that occur among criminal justice professionals when violent crimes are captured on video. We present four key categories organized around the circumstances of exposure and its impacts: 1) playback in the investigative and pre-trial process; 2) sharing videos among colleagues; 3) playing videos for victims, witnesses, and families and; 4) transmission in the broader public. Findings suggest this work involves deeply embodied processes where video evidence of violent crime enables a virtual presence at scenes and an emotional proximity to events through new forms of witnessing. These affective experiences are one relational dynamic that keeps witnessing active, thus expanding the mobility of trauma, its reach and potential impacts.     

A technique for controlling speech disfluencies induced by delayed auditory feedback

On the basis of cybernetic models of speech it was hypothesized that “stuttering” induced by delayed auditory feedback could be significantly reduced if the Ss were provided with an alternate input to which they could attend. The results of the experiment supported the hypothesis. The possible implications for the treatment stuttering are discussed.     

Changing the Criminal Justice System Response to Sexual Assault: An Empirical Study of a Participatory Action Research Project

In jurisdictions throughout the United States, thousands of sexual assault kits (SAKs; also known as a “rape kits”) have not been submitted by the police for forensic DNA testing. DNA evidence may be helpful to sexual assault investigations and prosecutions by identifying perpetrators, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused. This paper describes a longitudinal action research project conducted in Detroit, Michigan after that city discovered approximately 11,000 untested sexual assault kits in a police department storage facility. We conducted a root cause analysis to examine individual, organizational, community, and societal factors that contributed to the development of the rape kit backlog in Detroit. Based on those findings, we implemented and evaluated structural changes to increase staffing, promote kit testing, and retrain police and prosecutors so that cases could be reopened for investigation and prosecution. As we conducted this work, we also studied how this action research project impacted the Detroit criminal justice system. Participating in this project changed stakeholders’ attitudes about the utility of research to address community problems, the usefulness of DNA evidence in sexual assault cases, and the impact of trauma on survivors. The results led to new protocols for SAK testing and police investigations, and new state legislation mandating SAK forensic DNA testing.     

Réflexions critiques sur les notions d’abolition et d’altération de la faculté à discerner

Inasmuch as the constitution of the mens rea of any offence remains suspended to its integrity, the capacity for discernment represents a condition of accountability whose definition responds to issues that are as much technical – with respect to psychiatric and psychological penal expertise – as they are theoretical – with respect to our conception of criminal responsibility and the psychological prerequisites that underlie it. Now, the fact is that since its introduction in 1992 with article 122–1 of the Penal Code, this notion of discernment is characterized by a certain conceptual inconsistency, giving rise to a damaging plurality of meanings making the verb discern the condensed version of a heterogeneous network of distinct psychological functions. The polysemic term of discernment thus gives rise to a fundamental indetermination as to the nature of the faculty that must be examined in order to decide on its abolition or its preservation at the moment of the act. This is not without favouring the appearance and persistence of arbitrary interpretations, and consequently discordant expert conclusions. Even more problematic, however, is the idea of an alteration of discernment, given the irreducible discrepancy between the continuous nature of an alteration and the discontinuous nature of the conclusion to which the agent is subject, in that the legal demand requires a decision – in a discretization of what is continuous – between the presence and absence of something that is lacking. We will in fact show in what way this concept of alteration as it applies to discernment tends to be either meaningless, or redundant – and therefore useless – in relation to that of abolition. So much so that the only conceivable solution to maintain a certain gradation of degrees of non-accountability seems to consist in having to specify the different types of abolition of discernment potentially observed, and then to propose a hierarchization according to their greater or lesser compatibility with the conservation of a criminal responsibility. .     

La responsabilité pénale du psychiatre du fait de son patient

If the criminal liability remains personal, recent case law has tended to broaden the hypotheses for the doctor's criminal liability in the case of unintentional offenses. The question particularly concerns the psychiatrist, because of acts committed by his patient, on the basis of articles 221-6 or 222-19 of the French penal code. However, judicial assessment of the fault and its causal link with the damage does not impose on the psychiatrist an obligation of result, insofar as only serious professional misconduct, manifestly not in accordance with the rules of medical art, are sanctioned.     

Placebo and criminal law

This article considers issues concerning cases where the use of placebo is lawful or is not lawful under aspects of German criminal law. It will differentiate between cases of individual therapy and cases of supervised experiments within the scope of medical tests. Thereby, it reveals that a medication of placebo with regard to an individual patient seems to be lawful if there is no alternative possibility of a better treatment using a chemically effective medicine and if the limits of presumed consent are complied with. On the other hand, in the context of the supervised experiment, the assignment of a patient to a group treated with placebo is only lawful if the patient has been fully informed about the possibilities of a treatment and if the patient has given consent to it. An earlier version of this paper was presented at an international conference, “Placebo: Its Action and Place in Health Research Today,” held in Warsaw, Poland on 12–13 April, 2003. The author’s interests include International Criminal Law, Comparative Criminal Law and Philosophy of Law.     

No evidence of racial discrimination in criminal justice processing: Results from the National Longitudinal Study of Adolescent Health

One of the most consistent findings in the criminological literature is that African American males are arrested, convicted, and incarcerated at rates that far exceed those of any other racial or ethnic group. This racial disparity is frequently interpreted as evidence that the criminal justice system is racist and biased against African American males. Much of the existing literature purportedly supporting this interpretation, however, fails to estimate properly specified statistical models that control for a range of individual-level factors. The current study was designed to address this shortcoming by analyzing a sample of African American and White males drawn from the National Longitudinal Study of Adolescent Health (Add Health). Analysis of these data revealed that African American males are significantly more likely to be arrested and incarcerated when compared to White males. This racial disparity, however, was completely accounted for after including covariates for self-reported lifetime violence and IQ. Implications of this study are discussed and avenues for future research are offered.     

Victim Recantation in Child Sexual Abuse Cases

Summary

This article explores the reasons for victim recantation in child sexual abuse cases, problems that surface with a recantation, and practical steps multidisciplinary professionals can take to prevent the recantation of truthful allegations. Secondly, the article discusses the roles of investigative team members in the investigation and evaluation of a victim's recantation and in the trial which may follow. Finally, the article addresses possible final outcomes of criminal court intervention and the team's role in continued support for the child.     

Actuarial Criminology: Meeting Current Challenges in Southern Africa

South African prisons were overcrowded by more than sixty-three percent in 2005. Overcrowding and poor prison conditions have enormous implications for rehabilitation efforts made by the South African Department of Correctional Services. The South African White Paper on Corrections (2005) commits the Department of Correctional Services to provide needs-based rehabilitation processes and a framework of continuous evaluation to measure the impact and success of such processes. It also acknowledges that monitoring the rates of recidivism is a critical indicator of the success, the effectiveness of needs-based rehabilitation, and improved service. A reliable system for monitoring recidivism will have to be developed and put in place. In this respect, actuarial criminology can make a vital contribution. This article poses a strategic alternative to the correctional industry in Southern Africa that can be used for the realization of correctional ideals, especially where retribution and overcrowding are still the main features of correctional institutions.     

Linkage analysis: Modus operandi, ritual, and signature in serial sexual crime

This article examines a process of behavioral analysis, referred to as linkage analysis, used in identifying sexual offenses that have been committed by the same offender. This type of analysis examines behavior that is contained in three distinct components of a crime, i.e., the modus operandi (MO) or the “how to” of a crime; the ritual or fantasy-based behaviors for a particular type or series of sexual crimes; the signature or unique combination of behaviors, which suggests that a series of crimes has been perpetrated by the same offender. Linkage analysis involves five assessment procedures: (1) gathering detailed, varied, and multisource documentation; (2) reviewing the documentation and identifying significant features of each crime individually across the series; (3) classifying the significant features of the crime as either MO and/or ritualistic constructs; (4) comparing the combination of MO and ritualistic features across the crimes to determine if a signature exists; (5) compiling a written analysis that details the conclusions derived from the available information. Results of this type of analysis can be used for investigative purposes and, in some instances, can help to inform the decision-making of the courts.