L'erreur judiciaire : une démonstration difficile

"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit (L.L.M.)"

L'admission des confessions et le risque d'erreur judiciaire : toute vérité est-elle bonne à dire ?

"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit (LL.M.)"

How effective is the motion-to -suppress safeguard? Judges' perceptions of the suggestiveness and fairness of biased lineup procedures

The motion-to-suppress safeguard is designed to prevent false eyewitness identifications from leading to wrongful convictions. This safeguard is effective only if judges are sensitive to factors that influence lineup suggestiveness. The present study assessed judicial sensitivity to foil, instruction, and presentation biases. Judges $(N=99)$ read a description of a hypothetical crime, perpetrator, and identification procedure, followed by a motion to suppress the identification. Judges completed a questionnaire in which they ruled on the motion and rated the lineup's suggestiveness and fairness. Foil bias and instruction bias influenced judges' rulings and lineup evaluations as predicted. Hypotheses concerning presentation bias were not supported. Results suggest a need to standardize and record identification procedures and to further educate judges about psychological research on eyewitness memory. ^

A theoretical analysis of eyewitness identification: Dual -process theory, signal detection theory and eyewitness confidence

Given the growing number of wrongful convictions involving faulty eyewitness evidence and the strong reliance by jurors on eyewitness testimony, researchers have sought to develop safeguards to decrease erroneous identifications. While decades of eyewitness research have led to numerous recommendations for the collection of eyewitness evidence, less is known regarding the psychological processes that govern identification responses. The purpose of the current research was to expand the theoretical knowledge of eyewitness identification decisions by exploring two separate memory theories: signal detection theory and dual-process theory. This was accomplished by examining both system and estimator variables in the context of a novel lineup recognition paradigm. Both theories were also examined in conjunction with confidence to determine whether it might add significantly to the understanding of eyewitness memory. ^ In two separate experiments, both an encoding and a retrieval-based manipulation were chosen to examine the application of theory to eyewitness identification decisions. Dual-process estimates were measured through the use of remember-know judgments (Gardiner & Richardson-Klavehn, 2000). In Experiment 1, the effects of divided attention and lineup presentation format (simultaneous vs. sequential) were examined. In Experiment 2, perceptual distance and lineup response deadline were examined. Overall, the results indicated that discrimination and remember judgments (recollection) were generally affected by variations in encoding quality and response criterion and know judgments (familiarity) were generally affected by variations in retrieval options. Specifically, as encoding quality improved, discrimination ability and judgments of recollection increased; and as the retrieval task became more difficult there was a shift toward lenient choosing and more reliance on familiarity. ^ The application of signal detection theory and dual-process theory in the current experiments produced predictable results on both system and estimator variables. These theories were also compared to measures of general confidence, calibration, and diagnosticity. The application of the additional confidence measures in conjunction with signal detection theory and dual-process theory gave a more in-depth explanation than either theory alone. Therefore, the general conclusion is that eyewitness identifications can be understood in a more complete manor by applying theory and examining confidence. Future directions and policy implications are discussed. ^

Damages for wrongful conception : moving away from policy considerations?

The House of Lords addressed the issue of damages in a wrongful conception case, in McFarlane and Another v Tayside Health Board - decision provides a strong indication that damages will be awarded for pain and suffering associated with childbirth but not for the costs of maintaining the child until adulthood - no case involving a claim of raising a child in a wrongful birth case has yet come before the High Court of Australia.

New Convictions Lower for Parole, Data Download, Iowa Department of Corrections, Data Download, November 2011

In June 2011, Lettie Prell released a report entitled Iowa Recidivism Report: Prison Return Rates (FY2007 Releases Tracked for 3 Years), in which she finds that those prison inmates who are paroled are less likely to return to prison due to a new conviction than are inmates who leave prison due to expiration ofsentence.

An Analysis of OWI Arrests and Convictions in Iowa, 2011

The primary goal of the project was to document the demographic profile of OWI offenders in Iowa. The study is based on both aggregate and case-level data. The case level data produced a final sample of 118,675 OWI convictions. That occurred from 2000 through 2009. The great majority of convicted offenders were White males. From 2000 through 2009 the percentage of convictions received by women increased by 34%. Defendants’ average age of was 30 years old, and the age cohorts of 15 to 24, 25 to 34, and 34 to 45 were overrepresented among convicted offenders. Whites were underrepresented among OWI defendants. African Americans, Hispanics and Native Americans were overrepresented. From 2000 through 2009, the percentage of aggravated misdemeanor felony OWI convictions received by Hispanics and African Americans increased significantly. The percentage of OWI convictions received by women and African Americans increased significantly after implementation of the .08 BAC law. We did not find convincing evidence of a direct relationship between enforcement trends and the alcohol related traffic fatalities (ARTFs). However, the ten year Iowa conviction trends did provide evidence of a conviction lag effect on Iowa’s ARTFs. The research findings established the basis for a phase two project that would assess the efficacy of OWI sentencing practices in Iowa.

Les biens communs sans tragédie : effets de la pression sociale et des convictions

Pourquoi faire un effort pour la communauté sans rien recevoir en retour? C’est habituellement par conviction ou pour répondre à une norme sociale. En s’intéressant au problème du recyclage, nous définissons un modèle de comportement qui intègre ces deux facteurs. Nous déterminons sous quelles conditions un individu décide d’agir bénévolement, puis nous étudions comment ce comportement se propage dans la population. Cela nous permet de déduire comment un gouvernement doit pondérer ses efforts entre la publicité et la consigne pour tendre vers un taux de recyclage parfait au coût minimal. Nous prouvons aussi que dans certaines circonstances, il est préférable de ne pas encourager la participation au bien public. En effet, à mesure que plus de gens y participent, des tensions sociales émergent entre ceux qui font un effort et ceux qui n’en font pas. Celles-ci peuvent être assez fortes pour contrebalancer les bénéfices attendus du bien public

Individual work for individuals; a record of personal experiences and convictions,

Mode of access: Internet.