Quasirational models of sentencing

Cognitive continuum theory points to the middle-ground between the intuitive and analytic modes of cognition, called quasirationality. In the context of sentencing, we discuss how legal models prescribe the use of different modes of cognition. These models aim to help judges perform the cognitive balancing act required between factors indicating a more or less severe penalty for an offender. We compare sentencing in three common law jurisdictions (i.e., Australia, the US, and England and Wales). Each places a different emphasis on the use of intuition and analysis; but all are quasirational. We conclude that the most appropriate mode of cognition will likely be that which corresponds best with properties of the sentencingtask. Finally, we discuss the implications of this cognition-task correspondence approach for researchers and legal policy-makers

Development of an information sheet providing rapport advice for interpreters in police interviews

The present paper reports the development of an information sheet designed to aid interpreters in police interviews in recognizing, conveying and inadvertently obstructing rapport-building efforts by police interviewers. The contents of this sheet were informed by past research defining rapport, and rapport uses in police interviews. We used a mixed experimental design to test the information sheet. One group (Intervention, n = 35) was randomly assigned to read an information sheet before responding to short vignettes of police interviewing foreign non-English speaking suspects about international crimes, while another (Control) group (n = 37) simply responded to the vignettes. Perceptions of rapport cues by the intervention group exceeded that of the control group. However, the groups performed equally well at identifying appropriate methods to convey/avoid obstructing rapport. Feedback from the intervention group on the helpfulness of the information sheet was largely positive. The findings were used to improve the information sheet which can be used to alert interpreters to the importance of rapport in suspect interviews

Disengaging and rehabilitating high-value detainees: a small scale qualitative study

In an era of international terrorism, interviews with high-value detainees may have the dual purpose of extracting useful information and of disengagement. We conducted a small-scale, qualitative study using in-depth, individual interviews with 11 experienced interviewers in the Southeast Asia region and Australia, in order to provide insights into the types of interviewing strategies employed in terrorist rehabilitation. Our findings highlight the potential efficacy of creating a physically comfortable and relaxed interview setting, and of using interview strategies that focus on rapport-building, principles of social persuasion and elements of procedural justice, along with a patient and flexible stance to questioning. We suggest that interviewers performing rehabilitation interviews with high-value detainees ought to be trained to use the social approach to interviewing

Exploring the use of rapport in professional information‐gathering contexts by systematically mapping the evidence base

A growing body of research illustrates consensus between researchers and practitioners that developing rapport facilitates cooperation and disclosure in a range of professional information gathering contexts. In such contexts, rapport behaviors are often intentionally used in an attempt to facilitate a positive interaction with another adult, which may or may not result in genuine mutual rapport. To examine how rapport has been manipulated and measured in professional contexts we systematically mapped the relevant evidence-base in this field. For each of the 35 studies that met our inclusion criteria, behaviors associated with building rapport were coded in relation to whether they were verbal, non-verbal, or para-verbal. Methods to measure rapport were also coded and recorded, as were different types of disclosure. A Searchable Systematic Map was produced to catalogue key study characteristics. Discussion focuses on the underlying intention of the rapport behaviors that featured most frequently across studies

Mock juror perceptions of child witnesses on the autism spectrum: the impact of providing diagnostic labels and information about autism

Research suggests that autistic children can provide accurate and forensically useful eyewitness evidence. However, members of a jury also rely on non-verbal behaviours when judging the credibility of a witness, and this could determine the verdict of a case. We presented mock jurors with videos (from an experimental study) of one of two child witnesses on the autism spectrum being interviewed about a mock minor crime. Results demonstrated that providing jurors with generic information about autism and/or informing them of the child’s diagnostic label differentially affected credibility ratings, but not for both children. Implications for how to present information about child witnesses with autism to a jury – highlighting the need for approaches tailored to individual children – are discussed

Jury Systems Around the World

Lay citizens participate as decision makers in the legal systems of many countries. This review describes the different approaches that countries employ to integrate lay decision makers, contrasting in particular the use of juries composed of all citizens with mixed decision-making bodies of lay and law-trained judges. The review discusses research on the benefits and drawbacks of lay legal decision making as well as international support for the use of ordinary citizens as legal decision makers, with an eye to explaining a recent increase in new jury systems around the world. The review calls for more comparative work on diverse approaches to lay participation, examining how different methods of including lay participation promote or detract from fact finding, legal consciousness, civic engagement, and citizen power

Challenging the peremptory challenge system in Australia

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Interviewing high value detainees: securing cooperation and disclosures

Summary: Four types of coercive and noncoercive interview strategies (legalistic, physical, cognitive and social) used to facilitate disclosure by high value detainees were examined in an international sample of practitioners and detainees (N=64). Predictive analyses confirmed that the accusatorial approach was positively correlated with physically coercive strategies (rs =.58) and negatively with forms of social persuasion (rs= -.31). In response to social strategies, detainees were more likely to disclose meaningful information [odds ratio (OR) =4.2] and earlier in the interview when rapport-building techniques were used (OR =14.17). They were less likely to cooperate when confronted with evidence (OR=4.8). Disclosures were more complete in response to noncoercive strategies, especially rapport-building and procedural fairness elements of respect and voice. These findings augmented past theory on interactional processes and the evidence-base of international best practices in suspect interviews