Eyewitness decision -making with showups: Probative or perilous?

Showups are a technique of eyewitness identification in which a single suspect is presented to a witness for identification. Showups are controversial. Defense attorneys argue that they are suggestive and place suspects at undue risk of false identification. Prosecutors and police officers argue that showups are an indispensable investigative tool and are no more suggestive than other identification techniques. Are showups probative or perilous? If so, what can be done to improve their accuracy? This investigation converged on this question by addressing three interrelated goals. The first was to examine the effect of two system variables, retention interval and suspect clothing, on showup accuracy. The second was to determine if showups are more suggestive than lineups. The third goal was to explore carryover effects from showups to subsequent lineup identifications. ^ Eyewitness performance was evaluated with the Eyewitness Identification Paradigm. Approximately 500 undergraduate students at FIU witnesses a staged event (i.e., a "crime") in their classrooms and subsequently participated in a showup and/or lineup identification test. Half of the identification tests contained the target (i.e., the "perpetrator") and half contained a target-substitute (i.e., an "innocent suspect"). ^ The results of this study indicated that, overall, showups are not unusually prejudicial and are no more suggestive than lineups. However this study identified two specific conditions under which showups are likely to lead to false identifications of an innocent suspect. First, false identification are likely to occur in showups that are conducted shortly after a crime when the suspect is wearing clothing similar to that worn by the perpetrator. Second, placing an innocent suspect in both a showup and then a lineup substantially increases the chances that the suspect will be falsely identified in the lineup. The implications of these findings for the conduct of eyewitness investigations are discussed. ^

Punição e controle: o “caminho punitivo” do jovem autor de ato infracional em Fortaleza - CE

This research aims to analyze the punitive pathway taken by youth for committing acts of offense in Fortaleza, capital city of Ceará, in Brazil. Therefore, we focus the analysis in institutions that mark the beginning of punitive “institutionalization” of youth in the city, such as the Child and Adolescent Specialized Police Precinct, the Luis Barros Montenegro Shelter Unit, the Public Prosecutor’s Office for Childhood and Youth, and the Child and Youth Court. Ethnography and semi-structured interviews were used as methodological tools to approach the research subjects and relevant places for the research, seeking to highlight their punitive perspective. As a result, we find that the punishment and control imposed in such loci are an extension of the punishment and control used against these same youths in society. Considering that the analyzed institutions exist in society and are composed by its members, they do not surpass the perspective of repression, control and punishment carried out towards a segment of the population, especially towards those that Souza (2011; 2012) called “subcitizens”.

Bias on the Bench: How Judges’ Legal Backgrounds Influence Their Decisions

The ideal conception of a judge is that of a neutral arbitrator. However, there exist good reasons to believe that personal characteristics, including professional experiences, bias judges. Such suspicions inspired two hypotheses: (1) judges that are former prosecutors are biased in favor of the government in criminal appeals; (2) judges that are former criminal defense attorneys are biased in favor of the criminal appellant. These hypotheses were tested by gathering professional information about state supreme court judges in the south during the years from 1995 until 1998. That was then matched to an existing database that recorded those judges’ demographics and decisions in criminal appeals during that time. Logistic regressions of that data revealed that despite when other characteristics, including gender, race, and legal experience, were accounted for, criminal defense remained a statistically significant predictor. Judges with a background in criminal defense were more likely to reverse criminal court decisions. In contrast, prosecutorial experience was not a good predictor of how a judge ruled. Judges that had backgrounds in prosecution did not rule much differently than those that did not have such a background.

El problema de la iniciativa privada y la acción pública en los delitos sexuales (Bs. As., 1863 y 1921)

El presente trabajo propone problematizar las interpretaciones jurídicas en torno a la instancia privada así como a las posibilidades de actuación de la fiscalía una vez instada la acción en los delitos contra la honestidad. En este sentido, se busca mostrar cómo más allá del carácter "mixto" (combinación de instancia privada y acción pública) establecida por los códigos y sostenida por la doctrina, la cuestión se encontró controvertida en la práctica forense. Esta situación además, permite volver a debatir sobre los valores que entraron en juego a la hora de lidiar con estos crímenes, así como la pregunta sobre quién o quienes debían ser considerados víctimas de ellos así como explorar brevemente algunas relaciones entre derecho y género/sexualidad

El problema de la iniciativa privada y la acción pública en los delitos sexuales (Bs. As., 1863 y 1921)

El presente trabajo propone problematizar las interpretaciones jurídicas en torno a la instancia privada así como a las posibilidades de actuación de la fiscalía una vez instada la acción en los delitos contra la honestidad. En este sentido, se busca mostrar cómo más allá del carácter "mixto" (combinación de instancia privada y acción pública) establecida por los códigos y sostenida por la doctrina, la cuestión se encontró controvertida en la práctica forense. Esta situación además, permite volver a debatir sobre los valores que entraron en juego a la hora de lidiar con estos crímenes, así como la pregunta sobre quién o quienes debían ser considerados víctimas de ellos así como explorar brevemente algunas relaciones entre derecho y género/sexualidad

El problema de la iniciativa privada y la acción pública en los delitos sexuales (Bs. As., 1863 y 1921)

El presente trabajo propone problematizar las interpretaciones jurídicas en torno a la instancia privada así como a las posibilidades de actuación de la fiscalía una vez instada la acción en los delitos contra la honestidad. En este sentido, se busca mostrar cómo más allá del carácter "mixto" (combinación de instancia privada y acción pública) establecida por los códigos y sostenida por la doctrina, la cuestión se encontró controvertida en la práctica forense. Esta situación además, permite volver a debatir sobre los valores que entraron en juego a la hora de lidiar con estos crímenes, así como la pregunta sobre quién o quienes debían ser considerados víctimas de ellos así como explorar brevemente algunas relaciones entre derecho y género/sexualidad

O modelo de gestão estratégica do Ministério Público do Estado do Rio Grande do Norte: a análise da implantação do Balanced Scorecard

The goal of this research was to analyze the model of strategic management of the MPRN concerning the methodological guidelines presented by Balanced Scorecard. It is based in a theoretical referential which contemplates the themes, new public management, strategic management and Balanced Scorecard, focusing on applying the methodology in the public sector. This research is classified as descriptive and exploratory. According to the methods applied, it is a case study and, according to its approach, it is qualitative. The subjects of this research are members of the institution involved in the process of its strategic management. The data was collected by means of semi-structured interviews and document analysis, done by means of method content analysis. Concerning the goal of this research, it points out that the MPRN has not concluded the implantation cycle of Balanced Scorecard, furthermore, important flaws in the steps of organizational alingment have been identified, specially when it refers to communication policy, implementing incentive actions and focused training in developing competences. It yet reveals that the implantation of BSC has allowed the introduction of changes in the Institution dynamics to seek better results, however the MPRN has faced and has not adequately gotten over the same difficulties reported in various cases of BSC implantation in public organizations

Rape: A timeline of reform

The recent report by Dame Elish Angiolini report (2/6/15) into rape investigation in The Metropolitan Police highlights the issues in modern day rape investigation and makes a list of recommendations(See Table 1) .The report states that ”Rape is one of the most serious but misunderstood crimes and presents investigators and prosecutors with unique challenges. In its variety and complexity rape often presents difficulties far in excess of those encountered in investigating other crimes, including homicide”. This reflects the authors experience as a detective managing detective units and investigating rape in London. The Home Office Research Study in 2005 saw rape as, ‘a unique crime, representing both a physical and psychological violation’. In 2010 Baroness Stern went further, observing, ‘It is unique in the way it strikes at the bodily integrity and self-respect of the complainant, in the demands it makes on those public authorities required to respond to it and in the controversy it generates’. This article will look at these recommendations and place them in the context of 40 years of changing policy towards rape investigation, legal changes and the change in the social milieu.

Abordagem da temática das plantas num contexto EDS orientado para o pensamento crítico no 1º CEB

Numa sociedade ocidental que se apresenta em constante mutação é impossível dominar todo o conhecimento, daí que haja a necessidade de se dotar os jovens alunos de ferramentas que lhes permitam enfrentar a incerteza do futuro. Uma ferramenta imprescindível para os ajudar a ultrapassar dificuldades com que se confrontem são as suas capacidades de Pensamento Crítico (PC), porquanto podem concorrer para tomarem decisões mais racionais. Neste sentido, este estudo, desenvolvido numa turma de 2.º ano do 1.º CEB com 18 alunos, tem como finalidade desenvolver (adaptar, conceber, produzir, implementar e avaliar) atividades promotoras de PC num contexto de Educação para o Desenvolvimento Sustentável (EDS), tendo por base a temática das plantas. Decorrente da finalidade, formularam-se as questões de investigação: Qual o contributo das atividades promotoras de PC na promoção deste tipo de pensamento dos alunos? Qual o contributo das atividades promotoras de PC para a construção/mobilização de conhecimentos dos alunos? Qual a opinião dos alunos acerca das sessões que envolveram atividades promotoras de PC? Quais as representações dos alunos acerca das atividades promotoras de PC? Neste estudo, optou-se por uma metodologia orientada para a prática, assente num plano de investigação-ação. Os alunos realizaram atividades promotoras de PC, num contexto EDS, relacionadas com a temática das plantas abordada na área disciplinar de Estudo do Meio. Recolheram-se dados através de vários instrumentos no âmbito de diferentes técnicas de recolha de dados, incluindo um instrumento de análise das produções dos alunos. Na análise de dados, a técnica privilegiada foi a análise de conteúdo. Os resultados obtidos sugerem que as atividades promotores de PC desenvolvidas no âmbito do estudo contribuíram para a mobilização/desenvolvimento de capacidades de PC dos alunos e para a mobilização/construção de conhecimentos científicos. Na opinião dos alunos, as aulas em que se implementaram atividades promotoras de PC foram mais motivadoras e mais produtivas que as outras aulas de Estudo do Meio. Pela perspetiva dos alunos, as sessões em que realizaram as atividades promotoras de PC contribuíram para a mobilização/desenvolvimento de capacidades de PC e para a mobilização/construção de conhecimentos científicos.

Bogusław Śliwa (1944-1989) - działacz opozycji demokratycznej i "Solidarności" w Kaliszu

Bogusław Śliwa was born in Lvov on 6 October 1944. He graduated in law studies at Adam Mickiewicz University in Poznań in 1969. Following the completion of his prosecutor’s apprenticeship he worked, among others, in Wolsztyn, Świebodzin and – from 1975 – in Kalisz. On 22 August 1978 Śliwa was fired from the public prosecutor’s office because he had attempted to detect a person who murdered during the robbery committed by a Civic Militia officer. That time he established and maintained close contacts with activists of the Workers’ Defence Committee (KOR), among others: Jacek Kuroń, Mirosław Chojecki, Adam Michnik, Bronisław Geremek, Jan Lityński, Zofia Romaszewska and Zbigniew Romaszewski. In 1978 he began to cooperate with the Kalisz group of the Movement for the Defence of Human and Civil Rights (ROPCiO). In the early 1979 this group started to publish “Wolne Słowo” in which Śliwa was a co-editor. On 28 June 1979 in Poznań he was involved in founding the Social Self-Defence Club of the Wielkopolska and Kujawy Region. In September 1980, during strikes at the FWR “Runotex” and KZKS “Winiary” in Kalisz Śliwa was an expert representing the workers. On 29 September of that year, he arranged in Kalisz a meeting of representatives and delegates of enterprises in Kalisz aimed at appointing the Board of the Inter-Enterprise Founding Committee of the Independent Self-Governing Trade Union. He became the secretary. Bogusław Śliwa also engaged in setting up and developing an information team. He was informally responsible for developing an information and printing base. Bogusław Śliwa set up “NSZZ Solidarność” magazine where he published his own articles. He also founded the “Solidarność” Workers’ Community Centre in Kalisz. it is noteworthy that it was the only community centre in Poland established by „Solidarność”. In December the Nationwide Liaison Commission of „Solidarność” appointed him to the Committee for the Defence of Prisoners of Conscience established on 10 December of that year. He participated in the information meeting of the Independent Self-Governing Trade Union of Independent Farmers “Solidarność Wiejska” held in Staw, in Szczytniki commune. During that meeting “Solidarność Wiejska” led by Mieczysław Walczykiewicz requested the authorities to liquidate the “Świt” Agricultural Production Cooperative in Cieszyków, in Szczytniki commune. Bogusław Śliwa was involved in this successful event. It was the first liquidation of cooperative in Poland. On 11 January 1981 Śliwa co-organized the 1st Regional Convention of „Solidarność” Wiejska in Kalisz. Following the so-called Bydgoszcz events of 19 March 1981 he advocated the general strike. Due to his attitude, Śliwa was listed as one of 146 „Solidarność” activists executed by the 3rd “A” Department of the Ministry of Internal Affairs. According to the authorities those activists presented radical views. On 30 June 1981 at the 1st General Delegates Convention of the Kaliskie province, Śliwa, as a delegate of the Kaliskie province, was appointed to the Regional Board of „Solidarność” – Southern Wielkopolska. In July Śliwa set up in Kalisz the underground branch of the Polish Democratic Party. In 1981 Śliwa was a delegate to the 1st National Delegates Convention of „Solidarność” and co-edited with Jan Lityński the document entitled: “Message to the Working People of Eastern Europe” originated by Henryk Siciński and adopted by the 1st National Delegates Convention. On 22 November he participated in the Warsaw-held meeting founding the Self-Governing Republic Clubs “Liberty – Equality– Independence” and signed the founding declaration. On 28 of that month he co-organized with Antoni Pietkiewicz a founding meeting of the Club in Kalisz. When martial law was declared he began to hide in Kalisz. Śliwa was arrested on 25 February 1982 and interned in Ostrów Wielkopolski and then in Gębarzew and Kwidzyn. After being released on 25 November 1982, he was immediately involved in the activity of the underground movement of „Solidarność”. He edited the first two issues of “Nasza Solidarność” magazine published in Kalisz. Śliwa co-invented and co-organized the 1st May march that was independent from the authorities’ one held in Kalisz in 1983. Consequently, he was temporarily arrested and detained in Ostrów Wielkopolski. On 7 June 1983 he was released from custody. The amnesty declared on 21 July 1983 caused that the investigation against him was discontinued. In July of the same year he co-founded the Inter-Regional Coordination Commission of the Independent Self-Governing Trade Union “Solidarność” Kalisz-Konin-Sieradz. As he could not find any work and he and his family were exposed to psychological harassment, he emigrated to Sweden on 30 December 1983. He worked, among other positions, as bookbinder. He was the board secretary of the Congress of Poles in Sweden. In 1984 he commented the death of priest Jerzy Popiełuszko in “Dagens Nyheter” daily. He was also interviewed by Radio Liberty. Śliwa commenced cooperating with representatives of the „Solidarność” Coordination Office in Paris, Brussels and Stockholm. On 18 April 1985 the Military Garrison Prosecutor’s Office in Wrocław initiated investigations against Śliwa, charging him with activities detrimental to political interests of the People’s Republic of Poland. Subsequently, on 10 July 1985 this public prosecutor’s office decided to issue an arrest warrant for him. On the same day the public prosecutor suspended criminal proceedings against him. In December 1985, after the courageous escape of two brothers, Adam and Krzysztof Zieliński, from Poland to Sweden, he helped them prevent their deportation and stay in their new homeland. He expressed his opinion on this issue on Swedish television and in “ Dagens Nyheter” daily. His intervention helped them legally stay in Sweden. In 1989 he arrived in Poland. During this short visit he met and talked with his colleagues from the so-called first „Solidarność”. Bogusław Śliwa died in Stockholm on 23 November 1989. He was buried there on 7 December 1989. On 18 October 2006 he was posthumously honoured by Lech Kaczynski, President of Poland, with the Order of Polonis Restitution. On 15 June 2007 Bogusław Śliwa was posthumously granted the title of an Honorary Citizen of Kalisz by the Town Council of Kalisz.

O modelo de gestão estratégica do Ministério Público do Estado do Rio Grande do Norte: a análise da implantação do Balanced Scorecard

The goal of this research was to analyze the model of strategic management of the MPRN concerning the methodological guidelines presented by Balanced Scorecard. It is based in a theoretical referential which contemplates the themes, new public management, strategic management and Balanced Scorecard, focusing on applying the methodology in the public sector. This research is classified as descriptive and exploratory. According to the methods applied, it is a case study and, according to its approach, it is qualitative. The subjects of this research are members of the institution involved in the process of its strategic management. The data was collected by means of semi-structured interviews and document analysis, done by means of method content analysis. Concerning the goal of this research, it points out that the MPRN has not concluded the implantation cycle of Balanced Scorecard, furthermore, important flaws in the steps of organizational alingment have been identified, specially when it refers to communication policy, implementing incentive actions and focused training in developing competences. It yet reveals that the implantation of BSC has allowed the introduction of changes in the Institution dynamics to seek better results, however the MPRN has faced and has not adequately gotten over the same difficulties reported in various cases of BSC implantation in public organizations

Criminal Case Processing of Sexual Assaults in Alaska

Discretion plays a role in nearly every facet of the American criminal justice system. It is widely regarded as necessary to do justice but is not without criticisms – especially when it leads to unfavorable or disparate treatment. The role of discretion in sexual assault cases has been particularly scrutinized. Since the majority of sexual assaults do not fit stereotypic beliefs about what constitutes a “real rape” and “genuine victim,” criminal justice officials use their discretion to filter these cases out of the justice system. This study explored this issue by examining two stages of the criminal justice process: the police decision to refer cases for prosecution and the prosecutorial decision to accept referred cases. In doing so, it contributes to this body of literature in three ways. First, it included sexual assault cases that involve Alaska Native victims and suspects. Second, it addressed a gap in the theoretical scholarship by examining the downstream nature of police decision-making. And finally, it examined the formal reasons prosecutors give for charge dispositions. This study found a significant amount of attrition of sexual assault cases as they progressed through the criminal justice system. Moreover, a combination of legally relevant and extralegal factors was found to be important, but not consistently across all types of sexual assaults. Among legal factors, the number of victim injuries was the most consistent predictor. Among extralegal factors, cases that involved Alaska Native suspects had significantly higher odds of case referral and case acceptance compared to white suspects. The effect of suspect race was particularly pronounced in cases with a white victim. Additionally, the findings suggest that not only are Native American defendants more likely to have their cases referred by police, but once referred, they are also more likely to have them accepted for prosecution. Contrary to expectations, victim-suspect relationship, specifically non-stranger assaults, increased the odds of police referral compared to stranger cases. However, the opposite appears to be true for the decision to prosecute cases. Once referred, prosecutors were five times more likely to accept sexual assaults perpetrated by strangers. The implications of these findings are also discussed.

Fatores de proteção em arguidos de violência nas relações íntimas

Poster apresentado no VII Congresso Internacional da Sociedade Portuguesa de Psiquiatria e Psicologia da Justiça. Centro Hosp. Conde de Ferreira, Porto, 26 e 27 de Novembro 2015.

Avaliação de risco de violência nas relações íntimas no GIAV (DIAP de Lisboa)

Poster apresentado no VII Congresso Internacional da Sociedade Portuguesa de Psiquiatria e Psicologia da Justiça. Centro Hospitalar Conde de Ferreira, Porto, 26 e 27 de Novembro de 2015.