Confession evidence,psychological vulnerability and expert testimony

There have been major changes in English Law with regard to confession evidence, which followed the implementation of the Police and Criminal Evidence Act (PACE) in January 1986. This paper reviews the main legal changes that are relevant to the admissibility and reliability of confessions and their psychological importance within the context of both research and expert testimony.     

Adults' difficulties in identifying concealment among children interviewed with the putative confession instructions

The putative confession (PC) instructions (“[suspect] told me everything that happened and wants you to tell the truth”) increases children's honesty. However, research has shown that children who maintain secrecy despite the PC are more convincing. We examined whether (a) the PC undermines adults' deception detection abilities or (b) children who conceal despite the PC are better deceivers. Adults evaluated truthful and deceptive children interviewed with the PC where the PC portion of the interview was either present or absent. Adults' deception detection was no worse when the PC was present; in fact, it was slightly better. Rather than negatively affecting adults' ability to detect deception, the PC selects an unusually convincing group of concealers.     

Save It for God: Confession and the Irrelevance of the Judicial System with Special Attention to Dostoevsky's The Brothers Karamazov

Confession is essential for spiritual growth, but the judicial system provides little room for it. The judiciary is particularly unequipped to help convicts grapple with their guilt. Dostoevsky was the first to raise this critique in The Brothers Karamazov.     

Stuart,Elizabeth, Gay and Lesbian Theologies: Repetitions with Critical Difference

Abstract

In response to the constructive criticism of four male scholars of religious studies, this piece clarifies some of the arguments of my earlier essay, ‘Who's Afraid of Gay Theology?’. It argues for a cautious approach to identify one's gendered and sexed identity as an author within men's studies since such self-revelation may narrow the range of possible textual readings. The unintended consequence may be lesser rather than the wished-for greater transparency of both text and author. This essay makes a few suggestions of how to navigate the difficult terrain of language, gender, social privilege, and male intimacy.     

Manic depression and religious experience: The use of religion in therapy

In the article, I explore the use of spiritual strategies in the treatment of manic depression in religiously oriented psychiatric inpatients. Manic depression, a disorder primarily of mood, is characterized by bouts of mania alternating with depression. Religious themes and mystical experiences pervade the language of manic depressive illness, e.g., sensing one is God, being given a divine mission, receiving divine messages, having ecstatic experiences, and so on. Debate exists concerning the effectiveness of spiritual interventions in manic patients. I suggest that a trained religious leader may be able to work therapeutically with such patients, provided that two goals are kept in mind: emphasizing beliefs that facilitate positive coping and challenging irrational religious beliefs (i.e., beliefs that lead to negative coping). When examined psychoanalytically, patients’ religious symbols and beliefs reveal deeply held beliefs about themselves. In particular, splitting and idealization and devaluation can be seen in their religious belief system. The role of culture in promoting maladaptive belief systems must not be overlooked. In employing spiritual interventions in patients diagnosed with manic depression, potential dangers are imposing one's values on patients and overstating the importance of spirituality.     

THE CONFESSING ANIMAL IN FOUCAULT AND WITTGENSTEIN

In The History of Sexuality, Foucault maintains that “Western man has become a confessing animal” (1990, 59), thus implying that “man” was not always such a creature. On a related point, Wittgenstein suggests that “man is a ceremonial animal” (1996, 67); here the suggestion is that human beings are, by their very nature, ritualistically inclined. In this paper I examine this crucial difference in emphasis, first by reconstructing Foucault's “genealogy” of confession, and subsequently by exploring relevant facets of Wittgenstein's later thinking. While there are significant correlations between Foucault and Wittgenstein, an important disparity emerges in relation to the question of the “natural.” By critically analyzing this, I show how Wittgenstein's minimal naturalism provides an important corrective to Foucault's more extravagant claims. By implication, we see why any radical relativist, historicist, and/or constructivist position becomes untenable on Wittgensteinian grounds, even though Wittgenstein himself is often read as promoting such views.     

The Psychological and Spiritual Efficacy of Confession

Several aspects of confession are discussed. A distinction is made between personal narrative and confession in the analytic setting, focusing on the emergence of the psychogenic secret: that secret which is hidden from the analysand's ego consciousness. Such an unconscious secret can lead to emotional and psychological guilt and distress. The transference is seen as an essential dynamic for psychologically efficacious confession.     

影响被告人供述的因素及其对策的研究

以１９５名执法人员和１８５名服刑犯人为被试,采用问卷法研究了影响被告人供述的因素以及相应的对策建议。结果表明：（１）有１０种因素被认为对被告人未能形成供述动机有影响作用,有９种因素被认为对被告人形成如实供述动机有影响作用,其中,执法人员所认为的影响作用基本上都比服刑犯人所认为的要大,同时,双方具有各自的倾向性;（２）有１５种因素被认为对愿意供述的被告人未能如实供述可能存在影响作用,其中６种因素确实有一定的影响;（３）有９种对策被普遍认为对解决被告人不愿供述问题有效,有１０种对策被认为对解决愿意供述的被告人未能如实供述的问题有效,同时,执法人员和服刑犯人在关于对策有效性的评价上具有互补性。     

Life history, sin, and disease.

On the basis of experiences in pastoral hospital care, the relationship between disease, sin, and guilt in the life of patients is explored. Against the disregard of this subject in medicine, and even in most of pastoral care, it is argued that patients' interest requires that their hidden or manifest questions be addressed, rather than their being exposed to efforts at "helping" through mere attempts at "debt clearance." Only by openly confronting sin and guilt can the patient be taken seriously in his role as subject of his disease. Theological and anthropological background considerations revealing the essence of sin as a disruption or even destruction of the Divine gift of life in its realization through a lived relationship to God and other humans are offered as evidence for this claim.