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During police interviews, innocent suspects may provide unconvincing alibis due to impaired memory processes or guilt-presumptive behaviour on behalf of the interviewer. Consequently, innocent suspects may be prosecuted and tried in court, where lay people who serve jury duty will assess their alibi's credibility. To examine lay people's beliefs and knowledge regarding suspect alibis, and specifically about such factors that may hamper innocent suspects' ability to provide convincing alibis, we administered an eight-question questionnaire across the United Kingdom (n = 96), Israel (n = 124), and Sweden (n = 123). Participants did not tend to believe that innocent suspects' alibis might inadvertently include incorrect details, but acknowledged that impaired memory processes may cause this. Additionally, most participants believed that a presumption of guilt can affect how interviewers interview suspects. The findings suggest that lay people who may serve jury duty hold some mistaken beliefs regarding alibi provision by suspects. [ABSTRACT FROM AUTHOR]

For the better part of the last century, the Supreme Court has held that courts must evaluate the voluntariness of juvenile confessions with "special care." This special care requirement cautions courts against judging juveniles "by the more exacting standards of maturity" or comparing a juvenile suspect "with an adult in full possession of his senses and knowledgeable of the consequences of his admissions." It also instructs courts to ensure that a juvenile's "admission was voluntary, in the sense not only that it was not coerced or suggested, but also that it was not the product of ignorance of rights or of adolescent fantasy, fright or despair.". Despite the force with which the Supreme Court has spoken on the issue, lower courts regularly fail to follow the special care mandate. Some overlook the standard altogether, while others only pay lip service to it, and still others misconstrue it and disregard it on mistaken grounds. The result in any of these cases is that lower courts assess the voluntariness of juvenile confessions in the same way they would evaluate confessions obtained from adults, not with the heightened degree of scrutiny that Supreme Court precedent requires. In order to tether courts more firmly to the mast of special care, this Article highlights specific factors that courts should consider when evaluating the voluntariness of juvenile confessions. By framing their analyses in terms of these factors, courts can hopefully begin to evaluate juvenile confessions with the requisite level of care. [ABSTRACT FROM AUTHOR]

This article reports findings from a study of police interviews of people suspected of having committed relatively minor criminal offences, in a police station in England. The data comprise audio-recorded investigative interviews which were analysed using conversation analysis. It is focused on a communicative practice employed by police officers while questioning suspects. This practice is to 'formulate' what the suspect has just said; formulations are a means of summarising the suspect's evidence in a particular phase of questioning, in such a way as to represent the suspect's own words. Formulations, as a practice in talk-in-interaction, enable police officers to a) summarise the upshot of what a suspect has said during a period or phase of questioning, b) attribute this summary directly to a suspect's 'own words', c) construct a suspect's account (confirmation) as legally relevant, and which can d) elicit from the suspect a form of admission. Formulations are employed as a mechanism to rework prior descriptions and utterances by transforming and elaborating them and consolidating their legal relevance. Through this practice, police officers manage to attribute legal labels to what suspects have said during the interview, to their evidence (e.g. as denying, admitting, telling, etc.) as well as to the character of the incidents or events in question (e.g. assault, breach of harassment warning, criminal damage, arson). Formulating, therefore, is an interactional practice through which key legal work is accomplished in police interviews with suspects in England. It is a device that constitutes the fabric of law-in-action. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The study examines the counter-interrogation strategies applied by mock suspects (N = 94), who are innocent of a mock crime under investigation but who were present at the scene, for different reasons, at around the time the crime occurred. Half were present at the crime scene to carry out a lawful act, the other half to carry out an unlawful act. Furthermore, this study examines the effect of the Strategic Use of Evidence (SUE) technique as a strategic interviewing technique (vs. a non-strategic technique), on suspects' statement-evidence inconsistencies. Participants were randomly assigned to the two interview conditions (strategic vs. non-strategic) and were interviewed as suspects of a crime, which none of them had committed. The results show that the most commonly used counter-interrogation strategy in both groups was to be honest. However, 26.1% of the innocent suspects, performing an unlawful act, reported the strategy to be deceptive. In addition, the statements of suspects executing an unlawful act were significantly more inconsistent with the evidence in the strategic than the non-strategic interview condition. The increased statement-evidence inconsistency rates potentially put these suspects at risk of being assessed as guilty of a crime they did not commit. [ABSTRACT FROM AUTHOR]

A considerable proportion of crimes involve multiple perpetrators. Yet, little is known about how police officers construct, administer, and record eyewitness identification procedures for multiple suspects. An online survey of law enforcement agents in Sweden, Belgium, and the Netherlands (N = 51) was conducted to obtain an initial understanding of police perceptions of prevalence and characteristics of multiple perpetrator crimes, and to examine identification procedure practices given the little to no guidance provided for police. Practice converged when it came to the use of sequential, photographic lineups, but diverged between and within countries on whether or not suspects of multiple perpetrator crimes should be placed in separate lineups. Results specifically highlight contextual cuing as one critical area for future research in identification for multiple perpetrator crimes (i.e. placing multiple suspects in the same lineup or asking eyewitnesses to look for a specific suspect). [ABSTRACT FROM AUTHOR]

This article takes as its starting point, the proposition that suspects have a right to the most accurate procedures for determining innocence and guilt. It suggests that such a right is implied by the presumption of innocence. It goes on to consider--in light of what we know about the limitations and vulnerabilities of human memory--what form the most accurate procedures for obtaining and evaluating evidence from witnesses to events might take, and concludes that current arrangements fall some way short of what is required. [ABSTRACT FROM AUTHOR]

President Trump's Executive Order 13,788 declares a "Hire American" policy for H-1B visas. This action discriminates against Indians to benefit white American workers. The technology workforce in the United States has 4.6 million jobs. Most employees in this large workforce--about 76%--are U.S.-born. In this domestic segment, 85% of employees are white. Among foreign-born workers (11.6% of all workers), Asians make up 66%, with Indians predominating. "Hire American" renews a mostly forgotten history of discrimination against Indian workers. The Immigration Act of 1917 enacted an "Asiatic Barred Zone." Indian immigration was curtailed to 100 annual arrivals. Typical of the period, the California State Board of Control stigmatized this group: "Hindu . . . is the most undesirable immigrant in the state. His lack of personal cleanliness, his low morals, and his blind adherence to theories and teachings, so entirely repugnant to American principles, make him unfit for association with American people." The Supreme Court in Bhagat Singh Thind denied a citizenship petition, crudely theorizing: "It may be true that the blond Scandinavian and the brown Hindu have a common ancestor in the dim reaches of antiquity, but the average man knows perfectly well that there are unmistakable and profound differences between them today". The United States Citizenship and Immigration Services (USCIS), an agency charged with implementing the "Hire American" order, is already discriminating against Indian H-1B visa holders. In the first quarter of 2017, the agency issued Requests for Evidence (RFEs) for 18% of petitions for Indian workers, far below the 25% rate for all other petitions. The "Hire American Order" was issued in the second quarter, and by the fourth quarter USCIS issued RFEs for 24% of petitions for Indian workers, while all others fell to 19.6%. As a result, more Indians are being denied visa extensions and are deportable. I apply precedents from other facially neutral restrictions aimed at lawfully admitted aliens in Takahashi v. Fish and Game Commission and in Dandamudi v. Tisch to show that the "Hire American" order is a suspect classification. Using evidence in this study, courts should apply strict scrutiny to review Executive Order 13,788 and its related regulations. [ABSTRACT FROM AUTHOR]

Considerations of justice and of politics were closely interconnected in the post‐1945 Allied pursuit of Japanese war crimes suspects. Recent scholarship deals with the issue in broad terms, but this article shows the potential effect on individual cases, by examining the British pursuit of Lieutenant‐General Kinoshita Eiichi, held responsible for cruel torture of wartime prisoners in Shanghai. Using archival sources from Britain, Hong Kong and the U.S., parliamentary debates and contemporary newspapers, the article demonstrates that Allied authorities performed delicate and sometimes contradictory balancing acts in their pursuit of retributive justice for war crimes between 1945 and the late nineteen‐fifties. [ABSTRACT FROM AUTHOR]

In many criminal law systems, eyewitness identification of a suspect is sufficient to establish that they are the perpetrator of the crime in question, without any need for additional corroborating evidence. But this lofty legal status stands in contrast to the undisputed assertion in the professional literature that an erroneous eyewitness identification is far from rare, with many scholars holding it to be the most common cause of false convictions. On this background, this Article offers ways of reducing the rate of false convictions based on eyewitness misidentifications. The Article argues for the creation and application of a safety theory in the criminal justice system, specifically regarding eyewitness identifications. Therefore, after the Article connects between the modern theory of safety, which is well developed in other areas of our life, and the new theory of safety from false convictions; and after a deep discussion of one of the most serious hazards in criminal law--the hazard of false convictions based on eyewitness misidentifications--a specific safety model shall be developed, based on these discussions and on the innovative STAMP safety model. The substance of the suggested rules is based on both the psychological research and the legal literature. The high rate of false convictions is not an inevitable fate. [ABSTRACT FROM AUTHOR]

This article provides an overview of the latest developments in criminal procedure and practice pertaining to pre-trial defendants. It critically reviews the position regarding: failure to answer to bail, breach of pre-charge bail conditions and the considerations of granting bail with the liability to be rearrested following a breach of bail conditions (s. 72 of the Policing and Crime Act (PCA) 2017). In the eight years of Conservative government, criminal justice reform programmes have been seen as executing the extensive erosion of civil liberties. This article examines the enthusiastic enterprise set out in the PCA 2017 to deliver reform of the law on bail—and the consequences of failure to answer to bail following this reform. The first section of the article consists of a brief review of the early commitment to realign the State power with Britain's past underlying traditions of democracy, freedom, human rights and the rule of law, arguably, accentuated with the Protection of Freedoms Act 2012. This is followed by a discussion of the interaction between police officers and suspects, namely: (a) pre-arrest, and on arrest, (b) caution and legal rights and (c) detention. This section will discuss recent coarsening of that commitment regarding powers of arrest, detention, entry, bail and failure to answer to bail, for pre-trial defendants. The article then turns to outline and evaluate the juxtaposition of the Law Commission's Consultation Paper on Search Warrants. An analysis will then be made of the impact of s. 72 of the PCA 2017, before concluding with a critical evaluation of whether this change is a contemporary rapine of breach of bail, or a comparative necessity. [ABSTRACT FROM AUTHOR]

Copyright of Law & Justice Review is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Between 2016 and 2017, Americans suffered 3 of the deadliest mass shootings in modern history by a lone gunman: the Orlando nightclub shooting, the Las Vegas strip shooting, and the Texas church shooting. We studied American gun owners in the wakes of these tragedies, theorizing that a byproduct of the salience of mass shootings is to increase the salience of guns as means of individual empowerment and significance. We hypothesized that this increase in salience would be especially relevant in the context of thwarted goals, because such individuals may be seeking a compensatory means to interact more effectively with their environment. In 4 studies of U.S. gun owners (N = 2,442), we tested whether mass shooting salience interacted with thwarted goals to predict justification to shoot suspected criminals, as well as ideas about armed vigilantism and perceptions that guns are means of empowerment. The thwarting of goals was either experimentally induced via failure on an achievement task (Study 1), or measured via perceptions of disempowerment in society (Studies 2-4). Mass shooting salience was measured via perceptions of mass shooting threat, as well as temporal proximity and social proximity to specific mass shooting events. Across studies, results indicated an interaction between thwarted goals and mass shooting salience; temporal proximity yielded mixed results. Altogether, thwarted goals motivate people to seek effectiveness and mattering, and guns are more likely to be perceived as means to such ends when mass shootings loom large in the mind. [ABSTRACT FROM AUTHOR]

It is submitted in this article that assisting/encouraging is normatively different from and less harmful and dangerous than perpetration, and that the unfairness and injustice of complicity is doubled in the context of extended joint criminal enterprise. The defendant's participation in the underlying crime is constructed as participation in the collateral crime and such fictitiously constructed participation is further constructed as actus reus of the collateral crime; and the defendant's foresight of the collateral crime is constructed as intention to assist/encourage the collateral crime and such fictitiously constructed mental state is further constructed as sufficient mens rea for the collateral crime. The double constructive nature of this doctrine cries out for legal reform, especially in jurisdictions where it is still retained as a sui generis doctrine. It is proposed that a new lesser offence of risking another's collateral offending will serve better the purpose of fair labelling and proportionate punishment. [ABSTRACT FROM AUTHOR]

In 2000, the Supreme Court held in Illinois v. Wardlow that a suspect’s presence in a “high-crime area” is relevant in determining whether an officer has reasonable suspicion to conduct an investigative stop. Despite the importance of the decision, the Court provided no guidance about what that standard means, and over fifteen years later, we still have no idea how police officers understand and apply it in practice. This Article conducts the first empirical analysis of Wardlow by examining data on over two million investigative stops conducted by the New York Police Department from 2007 to 2012. Our results suggest that Wardlow may have been wrongly decided. Specifically, we find evidence that officers often assess whether areas are high crime using a very broad geographic lens; that they call almost every block in the city high crime; that their assessments of whether an area is high crime are nearly uncorrelated with actual crime rates; that the suspect’s race predicts whether an officer calls an area high crime as well as the actual crime rate; that the racial composition of the area and the identity of the officer are stronger predictors of whether an officer calls an area high crime than the crime rate itself; and that stops are less or as likely to result in the detection of contraband when an officer invokes high-crime area as a basis of a stop. We conclude with several policy proposals for courts, police departments, and scholars to help address these problems in the doctrine. [ABSTRACT FROM AUTHOR]

The article proposes a statutory approach for eyewitness identification procedures in Illinois, Connecticut and Florida to prevent the misidentification of innocent persons and protect suspects and calls for the amendment of the Illinois Lineup Procedure. Topics discussed are wrongful convictions, eyewitness identification procedures and current laws regarding in Illinois, Connecticut and Florida and the impact of these laws.

In the past several years, the city of Pittsburgh, Pennsylvania has seen two canine police dogs (K-9s) killed in the line of duty, Rocco in January 2014, and Aren in January of 2016. Both were killed by stab wounds while attempting to apprehend suspects. The man who killed Rocco received significant jail time for stabbing and killing the dog, while the man who killed Aren was fatally shot as a direct result of his actions toward the canine. While Rocco was vocally celebrated in the community, and sympathy primarily focused on the canine, the deaths of Aren and the suspect who killed him, Brian Kelley, Jr., led to a very different response. In the aftermath of the 2016 incident, there was significant vocal outcry from a variety of advocates (for both humans and animals) concerning the injustice of using K-9 officers to apprehend suspects and calling for a ban on such practices. Certainly, Pittsburgh's experiences are not unique, although they present a vivid backdrop for the discussion of whether K-9s should be used for apprehension of suspects and under what circumstances. This Article explores the legal and ethical questions surrounding the use of police dogs, specifically in the realm of apprehending suspects where a violent interaction between human and canine is inevitable. The Fourth Amendment allows the use of canine force against persons if "reasonable" under the totality of the circumstances, based on the officer's observations. However, that totality of circumstances does not take into account the very real and very reasonable fear response induced in humans by an animal attack, that in some cases compels the suspect to defend themselves and thus places the suspect at risk for further violence, and the police dog at risk for injury or death. Further, while any suspect may be compelled to resist or defend itself against a police dog, the historical use of police dogs against African Americans, coupled with the deployment of police dogs more frequently in minority communities, may tend to put African Americans at greater risk in this "K-9 catch-22." Ultimately, this Article considers the question of whether, in light of human behavioral fear response to animal attacks coupled with examples of implicit racial bias, using police dogs in apprehension is ever truly "reasonable." [ABSTRACT FROM AUTHOR]

The usefulness of forensic science continues to be questioned by evaluative studies taking as indicator its judicial contribution, mainly resulting in disastrous conclusions. The used indicators highly underrate and limit the actual contribution of forensic science, which are dependent on the definition, object, role, and integration in the criminal justice process accorded to the discipline. When considering the utility of the clue, different dimensions can be differentiated, within the investigation and beyond. Through a qualitative analysis of robbery cases, utility dimensions such as the identification of suspects (not solely confirmation of already known suspects), the reconstruction of the microsequence of events, the determination of the implication of suspects, could be highlighted, thus drawing a more diverse and complete picture of the value of forensic science. [ABSTRACT FROM AUTHOR]

Amnesty International has condemned the killing of Mozambican journalist João Fernando Chamusse and called for a prompt investigation and trial of the suspects. The organization noted that journalists in Mozambique often face intimidation, harassment, and violence, especially during elections. In another incident, the Islamic State group claimed responsibility for attacks on a military base and army posts in the northern Cabo Delgado province. Additionally, suspected militants robbed a passenger bus in northern Mozambique. Four local administrators were also killed in Cabo Delgado Province for allegedly spreading cholera. [Extracted from the article]

Knowing where crime is likely to happen can help prevent it. Here I investigate whether two basic mechanisms of human mobility—preferential return and spatial exploration—explain and predict where offenders commit future crimes. A sample of 843 adolescents reported their hourly whereabouts during four days. In line with findings from other sources and populations, their locations were concentrated and predictable. During the subsequent four years, 70 of the 843 were apprehended for committing one or more crimes. Compared to others, these 70 future offenders had visited slightly more different locations. However, their action radius and the predictability of their whereabouts had been very similar to those who would not become offenders. The offenders perpetrated most of their crimes around places they had visited before, including places where they previously offended. These findings show that the predictability of human mobility applies to offending and to offenders as well, and helps us understand and forecast where they will commit future crimes. They may prove particularly useful in criminal investigations, as they suggest that police should generally prioritize suspects who are familiar with the location of the crime and its environs, either because of their legal routine activities or because of their prior offences. [ABSTRACT FROM AUTHOR]

When an eyewitness identifies a suspect from a lineup, it is important to know how certain they are about the decision. Even though eyewitnesses are likely to express certainty with words, past research shows that verbal confidence statements (e.g. 'I'm pretty sure') are prone to systematic misinterpretation. Until now, no one has examined how an evaluator's prior knowledge, such as which lineup member is the police suspect, influences their interpretation of eyewitness confidence about a lineup identification. Experiments 1 and 3 show that participants perceived the identical statement of confidence as meaning a higher and lower level of certainty, respectively, when the eyewitness's selection either matched or mismatched the police's suspect. Experiment 2 shows that these effects generally persist when the bias manipulation is manipulated between-subjects. Finally, Experiment 3 finds that clarifying the witness's statement with numeric information (e.g. I'm 80% sure) does not eliminate the influence of biasing information. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

There are few studies that have focused on systematically measuring indicators of rapport during police investigative interviews. Using Tickle‐Degnen and Rosenthal's model as the basis for a systematic measurement of rapport, this study examined police interviews to identify whether rapport with suspects influences investigation relevant information (IRI). Eighty‐two interview transcripts with male suspects accused of child internet sex offences were coded across three rapport components: attention, positivity, and coordination. Attention and coordination were the most frequently used, and both positively correlated with the production of information. Positivity did not significantly correlate with IRI. The interviews were broken down into three different stages to examine the relationship between the rapport indicators and IRI across the interviews. Attention related to IRI throughout the entire interview, coordination during the middle and end, and positivity did not relate to IRI for any of the time points. This study offers a methodology for measuring rapport during real life interviews, and implications for interviewing and training are discussed. [ABSTRACT FROM AUTHOR]

The debate over possible bias in the use of deadly force has recently been exacerbated by highly publicized killings of African American males around the country. While much research has been conducted examining police behavior, little has been done to investigate the impact of race on police behavior. This article aims to answer this question: are white police officers more likely to use lethal force on minority suspects or people of a specific race? To answer this question, the authors construct a data set of all confirmed uses of lethal force by police officers in the United States in 2014 and 2015. They find that although minority suspects are disproportionately killed by police, white officers appear to be no more likely to use lethal force against minorities than nonwhite officers. [ABSTRACT FROM AUTHOR]

Both research and police guidelines acknowledge the value of rapport-building in police interview with suspects (ISs) and provide some insight into how 'rapport' may be defined and built in this context. Rapport is, however, difficult to operationalise and assess in practice, other than for the routine legal clarification offered to suspects at the beginning of the interview. This paper takes an original discourse-pragmatic and ethnographic approach to investigating the forms that rapport takes in a sample of authentic ISs, with particular reference to two dimensions, empathy and face. The article discusses the value and suitability of the identified empathic and 'face'-relevant expressions with respect to current interview aims and practice. The discussion highlights the underlying bi-functionality of rapport in ISs, demonstrating how the two functions may be reconciled in police interview training and practice. [ABSTRACT FROM AUTHOR]

In recent years, focus on the high attrition rates and low conviction rates in sexual assault cases in Scandinavia has increased. Attrition refers to the dropout of cases through the criminal justice system. However, only limited research exists on the importance of suspect characteristics for the legal outcomes in these cases. The present study is the first in Scandinavia to investigate legal and extralegal suspect variables relating to charges and convictions in the criminal justice system regarding suspected offenders in rape and attempted rape cases. All reported cases of rape and attempted rape in the Eastern Jutland Police District from 2008 to 2010 with an identified rape suspect (N = 175) were analysed through binary logistic regression analyses to examine which variables might increase the likelihood of charges or convictions. Results show that suspects with one or more prior sexual assault charges were more likely to be charged and convicted of a rape offence. The results of the present study help improve the understanding of the judicial processing of cases of rape from a different perspective than the victims’ and partially lend support to the hypothesis of ‘the credible criminal’ in terms of investigative and prosecutorial decision-making in rape cases. [ABSTRACT FROM AUTHOR]

Research has identified numerous factors that influence suspects during police interrogations. However, the dynamics between individuals' physiologic reactivity and their confession decision making is in its infancy. This research sought to advance the interrogation literature by examining the relationships among different interrogation tactics, suspects' resistance to confess, and their physiologic reactivity during a mock interrogation. After manipulating innocence and guilt, participants (N = 154) were accused and interrogated using either a minimization or false evidence tactic. Participants' physiologic reactivity was operationalized using their systolic blood pressure, and confession resistance was quantified as the number of times participants refused to confess. Results demonstrated that participants exhibited more physiologic reactivity after being confronted with false evidence ploys than minimization. Furthermore, innocent participants resisted confessing more than guilty participants, but innocents confronted with false evidence resisted confessing to a greater extent than innocents confronted with minimization. Moreover, a moderated-mediation analysis indicated that although innocents resisted confessing more when confronted with false evidence than those confronted with minimization, these innocents sustained a significantly higher level of physiologic reactivity. The results of the conditional indirect relationship suggest that innocents who are confronted with false evidence may resist the most but at a cost--their greater resistance may exhaust them and undermine subsequent decision making. These results offer support for reforms aimed at reducing the length of interrogations and the use of interrogation tactics that unnecessarily increase false confession rates. [ABSTRACT FROM AUTHOR]

Abstract This review analysed public perspective studies on forensic DNA retention in the United Kingdom and around the world. The studies generally show strong public support for the long-term or indefinite retention of DNA from convicts and suspects. There is considerable support for the retention of DNA from all or some arrestees and potentially the entire population. This was predicated upon the belief that forensic DNA databases have crime-solving abilities, which the public rate highly. In the UK, it was found that the current Protection of Freedoms Act 2012 regime is broadly representative of the recommendations of the surveyed British public. Nevertheless, the studies highlighted a gap in forensic DNA education among the public, suggesting that public views may not be well informed. Overall, there was clear evidence of privacy concerns and the potential misuse of DNA records among the public, with a significant number opposing the retention of DNA from the innocent. It was found that most of the studies were qualitative or non-representative of the relevant population, limiting the generalisation of the results. There was also limited studies among a representative sample of primary stakeholders who are well-informed or directly exposed to the benefits, challenges and risks associated with DNA retention. A research into stakeholders rating of different forensic DNA retention regimes is therefore highly recommended. This is important because the studies suggest divergent views among criminal justice professionals and other members of the public, with the former expressing expansive views and the latter expressing restrictive views. The primary stakeholder's survey will help establish whether the relevant safeguards have been put in place to protect both public security and individual interests. Highlights • Protection of Freedoms Act 2012 regime representative of surveyed British public • Public education gap on DNA retention suggest public views are not well-informed. • Criminal justice professionals express expansive views on forensic DNA retention • Non-criminal justice professionals express restrictive views on forensic DNA retention • Research into stakeholders rating of different DNA retention regimes highly recommended [ABSTRACT FROM AUTHOR]

Background: Interactions between individuals experiencing mental health (MH) problems and the police are complex, and effectiveness of innovative support and diversion models in England and Wales not yet fully evaluated.Aims/hypotheses: Our aims were to examine police interactions with suspects and to measure the immediate effectiveness of police/NHS MH interventions, including liaison and diversion and embedded staff in police contact and control rooms. We hypothesised that those with an MH flag would have significantly greater benefit from such interventions than those without in terms of how far they are taken down the criminal justice pathway and how long they spend in police custody.Methods: We examined police interactions with suspects with and without flagged MH problems in relation to key outcome measures over a 15-month period, overall or when flagged by nurses alone. 'MH flagging' is defined as the presence of a marker on police systems, including both historical and current information, that alerts control room staff and response officers that the call may involve an individual/s with MH problems. Serial cross-sectional analysis of material from a database of individual cases integrating information from three police sources (N = 13,472) was used to test for associations between 'mental health flagging' and outcomes.Results: Individuals with an MH flag have almost identical police dispatch response profiles to those without; they were arrested for and charged with similar offences. Those with an MH flag were significantly more likely to be charged with a criminal offence, less likely to receive a caution and spent longer periods in police custody than people under similar accusations but no MH flag.Conclusions: MH flagging appeared to disadvantage the people flagged, despite the presence of theoretically appropriate interventions. Further research is needed to understand this. It may be that indicating this form of vulnerability if the person is not judged to qualify for a MH service is discriminatory and may even account for excessive rates of mental disorder among prisoners. [ABSTRACT FROM AUTHOR]

The article discusses a case of mistaken belief and self-defence. An overview of the case involving Simon Taj and Mohammed Awan, an electrician who was mistaken as a terrorist, is offered. It adds that Taj has been charged with attempted murder after he attacked Awan with a tyre lever while he was suspecting that Awan is indeed a member of a terrorist group.

The purpose of this paper is to open up a discussion regarding the potential shift from the presumption of innocence to a presumption of guilt regarding those suspected of or charged with sexual offending. It is acknowledged that further investigation is needed and it is hoped that this discussion is one of many. The crux of this paper therefore is that sex offender suspects and defendants potentially find themselves in a criminal injustice system. Whilst the focus is predominantly on ‘victims’ (usually female) and people suspected or charged with sexual offending (usually male) within the criminal justice system in England and Wales the concerns articulated here are not confined to this context. For example such concerns are echoed in relation to the potential injustices occurring on American campuses. This demonstrates that this is a domestic and international situation and a situation that extends beyond the criminal justice system. We argue that what is occurring at home and abroad has to be contextualised with regard to public, media and official attitudes and approaches to ‘victims’, suspects, defendants, sex, sexual consent, sexual offending and a subsequent shift from the presumption of innocence to a presumption of guilt. It is argued that not only is the presumption of innocence undermined by the presumption of guilt regarding suspects and defendants in cases of sexual offending, it is also undermined in England and Wales by the victim personal statement (VPS). The VPS contains and promotes the idea that there is a ‘victim’ and ‘offender’ before this has been legally established in a court of law. These assumptions embodied within the VPS weaken the principle and practice of the presumption of innocence. The safeguard of the presumption of innocence is potentially under threat and the result is an even greater potential for miscarriages of justice and wrongful convictions. [ABSTRACT FROM AUTHOR]

The author argues that the centrality of the ruling on the criminal case of "Miranda v. Arizona" focuses on the protection of the constitutional rights of an individual in the coercive environment of an interrogation. He cites Chief Justice Earl Warren's opinion on the case which guaranteed the protection of a right guaranteed in the Constitution to an individual. He believes that Warren's opinion on the case reflected his concern about the lack of professionalism amongst police departments.

In England and Wales, suspects must be given a police caution before they are questioned. The purpose of the caution is to explain a suspect's right to silence as a protection against selfincrimination. However, the evidence on whether the caution fulfils its purpose is limited. The aim of the present study was to describe how cautions were delivered in interviews with juvenile suspects in England. First, the study set out to describe how the caution was delivered to suspects during actual police interviews. Second, the study examined whether suspects claimed or demonstrated understanding of the caution. Third, the study analysed how the caution was explained by police officers. In total, the study examined 38 cautions from 31 interviews. The results indicated that police officers delivered the caution at a speed that is likely to be too fast for juvenile suspects to comprehend. Juvenile suspects often claimed to understand the caution, but when asked, failed to demonstrate comprehension. On the other hand, police officers often explained the caution to juvenile suspects, but not always correctly. Both suspects' and police officers' explanations of the caution revealed several misconceptions. The results suggest that the caution may not safeguard suspects as intended. [ABSTRACT FROM AUTHOR]

Copyright of Journal of College of Education for Pure Science is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

We investigated whether cognitive load results in changes to nonverbal behavior in the context of interrogation, and whether psychopathic traits affected this relationship. Cognitive load was implemented by using the cognitive interview for suspects (CIS). Onehundred- and-fifty undergraduate students were assigned to one of two conditions: 1) a true event, where they played a game with a confederate, and money went missing from a wallet in the room, or 2) a false-alibi condition, where they read a scenario similar to the true event (in order to create a feasible alibi), and were instructed to steal $10 from the wallet. Blinking, hand gestures, trunk movements, and direct eye gaze were coded at each point in the CIS. Regardless of condition, the increase in cognitive load had the effect of increasing blinking and decreasing hand gestures and direct eye gaze. There were significant interactions between CIS stage and experimental condition for blinks and hand gestures, where people in the false alibi condition had a sharper increase in blinking, and decrease in hand gestures when cognitive load was introduced. Psychopathic traits did not affect the utility of above cues, but change in trunk movements was positively correlated with psychopathy in the false alibi condition. [ABSTRACT FROM AUTHOR]

An introduction is presented in which the author discusses various reports within the journal on topics including public punishments involving criminal suspects (perp walks), as well as American legal protections involving due process and freedom of the press.

The article discusses the author's views about the political aspects of public punishments in America as of 2018, and it mentions procedural justice, fairness in the way that citizens are treated by law enforcement officials, and the ability to strike a balance between criminal justice system-based proportionality and transparency. The public shaming of criminal suspects (perps) is examined, along with U.S. criminal justice policy and the punitive attitudes of the members of the public.

Research Summary: Perp walks have been declared constitutionally acceptable even though the practice could be perceived to be a form of preconviction punishment and a manifestation of populist punitiveness. In adjudicating the constitutionality of perp walks, courts have employed a balancing test in which the interests of the press and the public's desire to know about the activities of law enforcement are weighted heavily. No research has been aimed at examining public opinion about this practice, however. We report the results of a national opt‐in survey of public opinion on perp walks and find that less than one third of the sample respondents support them. By employing models derived from research on the influence of race and ethnicity on attitudes toward criminal justice policies, we find that, after controlling for concerns about the police and due process rights violations, African Americans and Hispanics/Latinos are more supportive of perp walks than are Whites. These findings suggest that perp walks are one of a few areas in which racial/ethnic minorities might take a harsher view of punitive criminal justice policies compared with Whites. Policy Implications: Media coverage of some perp walks is likely unavoidable in a society with a free press, but the unscripted media coverage of a perp walk is different than the intentional coordination of a perp walk between law enforcement and the media. This practice of deliberately publicizing the arrest of criminal suspects has been defended by prosecutors and police. Contrary to claims that the public wants perp walks, however, we find that more people oppose than support perp walks. In light of the multiple constitutional concerns surrounding this practice, these results suggest that the orchestration of perp walks by law enforcement should be reconsidered. [ABSTRACT FROM AUTHOR]

The "search incident to arrest" exception to the Fourth Amendment's warrant requirement permits officers to search a suspect upon making an arrest. It is the most commonly invoked justification for unconsented-to searches; indeed, incident searches far exceed searches conducted with a warrant. This seemingly straightforward exception has wilted in recent years as courts have done away with the prerequisite of an arrest, permitting incident searches so long as there is pre-search probable cause to arrest. The result has been to grant authority to search any person engaged in the most minor of offenses- e.g., speeding, littering, jaywalking-even absent an arrest, injecting routine warrantless searches into this most common form of policecitizen encounter. This Article takes aim at pre-arrest incident searches and diagnoses two doctrinal missteps courts make in permitting them. The first is ignoring that Fourth Amendment intrusions must be judged "at their inception," a maxim that dictates any post-search arrest is irrelevant to the constitutional calculus (except as evidence of some pre-search fact). The second is that they interpret Whren v. United States-in which the Supreme Court held that a seizure supported by probable cause was valid without regard to whether it was pretextual-as an evidentiary bar to considering officer intentions in Fourth Amendment inquiries. That is wrong too: Whren is not an evidentiary bar at all. While officer intentions are irrelevant to certain objective questions (like probable cause), they matter when discerning whether a custodial arrest is under way. Once these two mistakes are corrected, a straightforward rule emerges: incident searches are permitted only if there is a custodial arrest (be it completed or inprogress) at a search's inception. Correcting the two missteps above has broad implications. Reinvigorating the principle that intrusions must be judged at their inception has reverberations in all manner of Fourth Amendment analyses. Likewise, treating Whren as a broad evidentiary bar to considering officer intentions is a pervasive yet ultimately mistaken approach. This Article offers a course correction on an issue that has deeply divided appellate courts and is likely to soon receive Supreme Court consideration. [ABSTRACT FROM AUTHOR]

Abstract: On the basis of information regarding 276 homicides committed in South Korea between 1987 and 2008, we compared offenders’ and victims’ characteristics, injury locations, weapon‐related behavior, and offending behavior between homicides involving sharp and blunt instruments. The victims of sharp‐force homicide were much younger relative to those of blunt‐force homicide. In addition, homicides involving blunt instruments were more likely to be committed by offenders who lived with the victims. Most sharp‐force homicides involved injuries to the torso, while blunt‐force homicides involved mainly head injuries. Furthermore, perpetrators of sharp‐force homicides tended to preselect their weapons, while those of blunt‐force homicides were likely to use weapons of opportunity. Logistic regression analysis identified a number of factors, including injury location and body transportation, which significantly predicted weapon type. As this was the first South Korean study to compare sharp‐ and blunt‐force homicides, the results have practical implications for homicide investigations. [ABSTRACT FROM AUTHOR]

Abstract: A methodology to estimate the time of latent fingerprint deposition would be of great value to law enforcement and courts. It has been observed that ridge topography changes as latent prints age, including the widths of ridges that could be measured as a function of time. Crime suspects are commonly identified using fingerprint databases that contain reference inked tenprints (flat and rolled impressions). These can be of interest in aging studies as they provide baseline information relating to the original (nonaged) ridges’ widths. In practice, the age of latent fingerprints could be estimated following a comparison process between the evidentiary aged print and the corresponding reference inked print. The present article explores possible correlations between inked and fresh latent fingerprints deposited on different substrates and visualized with TiO2. The results indicate that the ridge width of flat inked prints is most similar to fresh latent fingerprints, and these should be used as the comparison standard for future aging studies. [ABSTRACT FROM AUTHOR]

The article analyzes the wrongful conviction of special education student Brendan Dassey which was featured in the documentary series, "Making a Murderer," released on Netflix in 2015. Topics discussed include the homicide of Wisconsin-resident Teresa Halbach wherein the primary suspect was Dassey's uncle Steven Avery, the impact of the behavior of law enforcement on the unreliability of Dassey's confession, and the role of a speech-language pathologist in such case.

This article examines the shifting views among Argentina's leaders on political informing during the civil wars of the early nineteenth century. During the late 1830s and early 1840s, several Unitarian rebellions threatened Juan Manuel de Rosas, the governor of Buenos Aires, and his Federal allies within the interior of the country. One of the most significant of these occurred in Córdoba, Argentina's second largest province, in late 1840. The Federals defeated the Unitarian uprising and unleashed local campaigns of repression, or what some scholars have called the Terror. Federals actively encouraged communities under their jurisdictions to assist their efforts in pursuing Unitarian suspects by accepting political denunciations. However, problems began to emerge as jurists realized that personal motives more often crept into allegations of political misconduct. In addition, some of the accused fought back and challenged their accusers' claims. These problems cast doubt on the idea of relying on communities for political information, and Federals eventually sought to regulate and even discourage denunciations. [ABSTRACT FROM AUTHOR]