Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.001.0001
- Subject:
- Psychology, Forensic Psychology
In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. ...
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In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. In the 40 years since the inception of the “Miranda rule,” its anticipated effect has not been realized. The purposes of this book are to examine the reasons why the goal of the authors of the Miranda ruling has not been met and to identify procedures that move the criminal justice system closer to this goal. Separate chapters deal with four causes: the limitations and compromises in the original decision, the problems in comprehension of the Miranda warnings by various vulnerable populations (adolescents, non-English speakers, the deaf, and the mentally-challenged), the decisions subsequent to the 1966 decision that have eroded its breadth and application, and the efforts by police to avoid the curtailments from the ruling. The final chapter examines possible remedies such as requiring the presence of an attorney when the rights are given and videotaping the entire interrogation.Less
In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. In the 40 years since the inception of the “Miranda rule,” its anticipated effect has not been realized. The purposes of this book are to examine the reasons why the goal of the authors of the Miranda ruling has not been met and to identify procedures that move the criminal justice system closer to this goal. Separate chapters deal with four causes: the limitations and compromises in the original decision, the problems in comprehension of the Miranda warnings by various vulnerable populations (adolescents, non-English speakers, the deaf, and the mentally-challenged), the decisions subsequent to the 1966 decision that have eroded its breadth and application, and the efforts by police to avoid the curtailments from the ruling. The final chapter examines possible remedies such as requiring the presence of an attorney when the rights are given and videotaping the entire interrogation.
W. Kip Viscusi
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198293637
- eISBN:
- 9780191596995
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293631.001.0001
- Subject:
- Economics and Finance, Microeconomics
Ideally, individual risk‐taking decisions and government risk policies should be based on a rational balancing of risk and cost. Unfortunately, private decisions are subject to a number of biases ...
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Ideally, individual risk‐taking decisions and government risk policies should be based on a rational balancing of risk and cost. Unfortunately, private decisions are subject to a number of biases including overestimation of small probabilities and alarmist responses to ambiguous risks. Hazard warnings can potentially be effective, but are not always ideal, as the people now overestimate the risks of smoking. Labour market estimates of the value of life can provide a rational reference point for benefit‐cost tests of risk regulations. The pressures exerted by irrational public responses to risk often lead to regulations that impose inordinately high costs per life saved. Excessive regulation potentially makes society worse off from a health and safety standpoint as shown by the risk–risk analysis methodology developed in this book. Similarly, liability rules and social insurance systems also should be structured to reflect an efficient balancing of risk and cost.Less
Ideally, individual risk‐taking decisions and government risk policies should be based on a rational balancing of risk and cost. Unfortunately, private decisions are subject to a number of biases including overestimation of small probabilities and alarmist responses to ambiguous risks. Hazard warnings can potentially be effective, but are not always ideal, as the people now overestimate the risks of smoking. Labour market estimates of the value of life can provide a rational reference point for benefit‐cost tests of risk regulations. The pressures exerted by irrational public responses to risk often lead to regulations that impose inordinately high costs per life saved. Excessive regulation potentially makes society worse off from a health and safety standpoint as shown by the risk–risk analysis methodology developed in this book. Similarly, liability rules and social insurance systems also should be structured to reflect an efficient balancing of risk and cost.
Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.003.005
- Subject:
- Psychology, Forensic Psychology
This chapter reviews recent research on the comprehension of the Miranda rights by members of several vulnerable groups. For example, the warnings often exceed the reading level of the typical ...
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This chapter reviews recent research on the comprehension of the Miranda rights by members of several vulnerable groups. For example, the warnings often exceed the reading level of the typical adolescent suspect. For non-English-speaking persons, the translation to their language may be difficult. For deaf suspect, American Sign Language lacks several relevant terms. The problem is exacerbated by the fact that there is no regulation of the specific warning, so that some jurisdictions have verbose, complicated warnings with complex sentences and word length of 400 or more words.Less
This chapter reviews recent research on the comprehension of the Miranda rights by members of several vulnerable groups. For example, the warnings often exceed the reading level of the typical adolescent suspect. For non-English-speaking persons, the translation to their language may be difficult. For deaf suspect, American Sign Language lacks several relevant terms. The problem is exacerbated by the fact that there is no regulation of the specific warning, so that some jurisdictions have verbose, complicated warnings with complex sentences and word length of 400 or more words.
ROBERT V. DODGE
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199857203
- eISBN:
- 9780199932597
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199857203.003.0006
- Subject:
- Economics and Finance, Behavioural Economics
This chapter begins with a problem from Schelling's class, namely how to introduce strategic commitment, followed by an answer and an explanation. It outlines four strategies by Schelling that are at ...
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This chapter begins with a problem from Schelling's class, namely how to introduce strategic commitment, followed by an answer and an explanation. It outlines four strategies by Schelling that are at times used interchangeably: commitments, threats, warnings, and promises. To clarify the differences the reader is presented with a scenario with strategies to consider. Each strategy is defined and illustrated with a 2 × 2 matrix. A question shows a matrix and asks which strategy could be employed to change the payoff received and what would be gained, followed by a short explanation. The chapter ends with a review list of ten situations, most of which are taken from a Schelling assignment that are to be categorized as one of the four strategies. A supplement, “Will Chicken Out?” is about Schelling's advice to President Kennedy to make a commitment during the Berlin Crisis of 1961, and the result being a “chicken dilemma.” Following the column the chicken dilemma matrix is presented and explained.Less
This chapter begins with a problem from Schelling's class, namely how to introduce strategic commitment, followed by an answer and an explanation. It outlines four strategies by Schelling that are at times used interchangeably: commitments, threats, warnings, and promises. To clarify the differences the reader is presented with a scenario with strategies to consider. Each strategy is defined and illustrated with a 2 × 2 matrix. A question shows a matrix and asks which strategy could be employed to change the payoff received and what would be gained, followed by a short explanation. The chapter ends with a review list of ten situations, most of which are taken from a Schelling assignment that are to be categorized as one of the four strategies. A supplement, “Will Chicken Out?” is about Schelling's advice to President Kennedy to make a commitment during the Berlin Crisis of 1961, and the result being a “chicken dilemma.” Following the column the chicken dilemma matrix is presented and explained.
W. Kip Viscusi
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198293637
- eISBN:
- 9780191596995
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293631.003.0003
- Subject:
- Economics and Finance, Microeconomics
Hazard warnings can potentially play a constructive policy role by providing risk information when people are not informed of the risk. Cigarette warnings are a principal example of how the public ...
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Hazard warnings can potentially play a constructive policy role by providing risk information when people are not informed of the risk. Cigarette warnings are a principal example of how the public can be informed adequately of the risk and can form risk beliefs comparable to the actual product risk. Warnings can potentially alter discrete decisions, such as whether or not to use a product or take a job, as well as precautionary behaviour with respect to a product or a job. In Bayesian learning contexts, effective warnings are those that provide accurate new information in an effective manner.Less
Hazard warnings can potentially play a constructive policy role by providing risk information when people are not informed of the risk. Cigarette warnings are a principal example of how the public can be informed adequately of the risk and can form risk beliefs comparable to the actual product risk. Warnings can potentially alter discrete decisions, such as whether or not to use a product or take a job, as well as precautionary behaviour with respect to a product or a job. In Bayesian learning contexts, effective warnings are those that provide accurate new information in an effective manner.
Penney Lewis
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199282289
- eISBN:
- 9780191705441
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282289.003.0005
- Subject:
- Law, Criminal Law and Criminology
In most delayed CSA prosecutions, the complainant will have delayed in making her complaint, or bringing it to the attention of the authorities. There have been recent legislative and judicial ...
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In most delayed CSA prosecutions, the complainant will have delayed in making her complaint, or bringing it to the attention of the authorities. There have been recent legislative and judicial modifications to the historical common law requirement for early or recent complaint. Three legal mechanisms regulating the jury's access to information about delayed complaints are considered: cross-examination of the complainant on the issue of delay; the admissibility of a late complaint for the prosecution; and judicial warnings indicating how, if at all, jurors should incorporate the fact of late complaint into their deliberations. The use of expert evidence to explain delay in complaint is also examined. Such expert evidence is ‘counterintuitive evidence’ designed to dispel myths, misconceptions, or misunderstandings in the minds of jurors which may adversely affect their evaluation of the complainant's evidence.Less
In most delayed CSA prosecutions, the complainant will have delayed in making her complaint, or bringing it to the attention of the authorities. There have been recent legislative and judicial modifications to the historical common law requirement for early or recent complaint. Three legal mechanisms regulating the jury's access to information about delayed complaints are considered: cross-examination of the complainant on the issue of delay; the admissibility of a late complaint for the prosecution; and judicial warnings indicating how, if at all, jurors should incorporate the fact of late complaint into their deliberations. The use of expert evidence to explain delay in complaint is also examined. Such expert evidence is ‘counterintuitive evidence’ designed to dispel myths, misconceptions, or misunderstandings in the minds of jurors which may adversely affect their evaluation of the complainant's evidence.
Penney Lewis
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199282289
- eISBN:
- 9780191705441
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282289.003.0006
- Subject:
- Law, Criminal Law and Criminology
In cases of delayed prosecution of CSA, the jury is often warned about the absence of corroboration and the forensic disadvantage or prejudice which the defendant may have suffered as a result of the ...
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In cases of delayed prosecution of CSA, the jury is often warned about the absence of corroboration and the forensic disadvantage or prejudice which the defendant may have suffered as a result of the complainant's delay in coming forward. Corroboration warnings are prompted by concerns relating to the reliability of the complainant, while forensic disadvantage warnings focus on the prejudice resulting from delay. Mandatory corroboration warnings have been replaced by a more discretionary approach. Divergent approaches to forensic disadvantage warnings have developed in Australia, England, and Wales. The jury should be warned that there is forensic disadvantage or prejudice in cases where there is evidence to that effect, and warned of the possibility of forensic disadvantage or prejudice in all other cases.Less
In cases of delayed prosecution of CSA, the jury is often warned about the absence of corroboration and the forensic disadvantage or prejudice which the defendant may have suffered as a result of the complainant's delay in coming forward. Corroboration warnings are prompted by concerns relating to the reliability of the complainant, while forensic disadvantage warnings focus on the prejudice resulting from delay. Mandatory corroboration warnings have been replaced by a more discretionary approach. Divergent approaches to forensic disadvantage warnings have developed in Australia, England, and Wales. The jury should be warned that there is forensic disadvantage or prejudice in cases where there is evidence to that effect, and warned of the possibility of forensic disadvantage or prejudice in all other cases.
Penney Lewis
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199282289
- eISBN:
- 9780191705441
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282289.003.0007
- Subject:
- Law, Criminal Law and Criminology
The judicial approaches to the admission of recovered memories of CSA in criminal prosecutions fall into three models. First, using the law of expert evidence, all such testimony is excluded as the ...
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The judicial approaches to the admission of recovered memories of CSA in criminal prosecutions fall into three models. First, using the law of expert evidence, all such testimony is excluded as the product of one or more unreliable techniques, or some subset is identified for exclusion. Second, the admission or exclusion of the testimony is determined on a case-by-case basis through a pre-trial reliability assessment. Third, such testimony is simply admitted, with cross-examination, appropriate expert evidence, and jury instructions forming safeguards. A fourth option is advocated, inspired by the way the English common law deals with inherently suspect evidence such as eyewitness identification evidence. The evidence would be admitted, the jury would receive appropriate warnings, and the trial judge would be required to direct a verdict of not guilty if the complainant's testimony is weak and no supporting evidence exists.Less
The judicial approaches to the admission of recovered memories of CSA in criminal prosecutions fall into three models. First, using the law of expert evidence, all such testimony is excluded as the product of one or more unreliable techniques, or some subset is identified for exclusion. Second, the admission or exclusion of the testimony is determined on a case-by-case basis through a pre-trial reliability assessment. Third, such testimony is simply admitted, with cross-examination, appropriate expert evidence, and jury instructions forming safeguards. A fourth option is advocated, inspired by the way the English common law deals with inherently suspect evidence such as eyewitness identification evidence. The evidence would be admitted, the jury would receive appropriate warnings, and the trial judge would be required to direct a verdict of not guilty if the complainant's testimony is weak and no supporting evidence exists.
Penney Lewis
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199282289
- eISBN:
- 9780191705441
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282289.003.0009
- Subject:
- Law, Criminal Law and Criminology
Retrospective assessment of trial fairness may take place at the end of the prosecution or defence case or on appeal. The advantages of retrospective over prospective assessment revolve around the ...
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Retrospective assessment of trial fairness may take place at the end of the prosecution or defence case or on appeal. The advantages of retrospective over prospective assessment revolve around the greater knowledge base available to the trial judge later in the trial. The focus of retrospective review, whether by the trial judge at the end of the trial or by an appellate court, should be to ensure that the defendant forced to rely on bare denial has received a fair trial through careful examination of the prejudice caused by delay and the consequent direction. In the absence of any failing in the trial process, and where there is no new evidence to suggest that the conviction(s) may be unsafe, there should be no additional discretion to quash the conviction(s) on the grounds of fairness.Less
Retrospective assessment of trial fairness may take place at the end of the prosecution or defence case or on appeal. The advantages of retrospective over prospective assessment revolve around the greater knowledge base available to the trial judge later in the trial. The focus of retrospective review, whether by the trial judge at the end of the trial or by an appellate court, should be to ensure that the defendant forced to rely on bare denial has received a fair trial through careful examination of the prejudice caused by delay and the consequent direction. In the absence of any failing in the trial process, and where there is no new evidence to suggest that the conviction(s) may be unsafe, there should be no additional discretion to quash the conviction(s) on the grounds of fairness.
Luciano Canfora and Julian Stringer (eds)
- Published in print:
- 2007
- Published Online:
- September 2012
- ISBN:
- 9780748619368
- eISBN:
- 9780748670734
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748619368.003.0039
- Subject:
- Classical Studies, Archaeology: Classical
The evening before the assassination, Caesar was among the guests at supper at the house of Marcus Lepidus, his magister equitum, and the discussion turned to the question: what kind of death would ...
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The evening before the assassination, Caesar was among the guests at supper at the house of Marcus Lepidus, his magister equitum, and the discussion turned to the question: what kind of death would be best? While the rather strange conversation lingered on this question, Caesar, when his turn came to speak, said that he would by far prefer a sudden and unexpected death. The conversation on the eve of the assassination is somewhat enigmatic. There is nothing unusual, given the situation, about conversations consisting of allusive questions or innuendo, designed to pass a veiled message. Incidents like this make one think of a Caesar hounded by those who want to kill him, and, therefore, also ‘pestered’ by those bent on the opposite, who try, with more or less cryptic warnings, to save him.Less
The evening before the assassination, Caesar was among the guests at supper at the house of Marcus Lepidus, his magister equitum, and the discussion turned to the question: what kind of death would be best? While the rather strange conversation lingered on this question, Caesar, when his turn came to speak, said that he would by far prefer a sudden and unexpected death. The conversation on the eve of the assassination is somewhat enigmatic. There is nothing unusual, given the situation, about conversations consisting of allusive questions or innuendo, designed to pass a veiled message. Incidents like this make one think of a Caesar hounded by those who want to kill him, and, therefore, also ‘pestered’ by those bent on the opposite, who try, with more or less cryptic warnings, to save him.
P. Kevin MacKeown
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9789888028856
- eISBN:
- 9789882206878
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888028856.003.0008
- Subject:
- History, Asian History
This chapter examines a new age for the Hong Kong Observatory with the appointment of Frederic George Figg as its director on January 30, 1907. Figg made efforts to improve the issuing of storm ...
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This chapter examines a new age for the Hong Kong Observatory with the appointment of Frederic George Figg as its director on January 30, 1907. Figg made efforts to improve the issuing of storm warnings and to increase the flow of information into the observatory. He also introduced a new Urgent Signal for situations when the wind could increase to full typhoon force at any moment. In addition, Figg also managed to iron out the observatory's conflict with the Shanghai and Manila Observatories.Less
This chapter examines a new age for the Hong Kong Observatory with the appointment of Frederic George Figg as its director on January 30, 1907. Figg made efforts to improve the issuing of storm warnings and to increase the flow of information into the observatory. He also introduced a new Urgent Signal for situations when the wind could increase to full typhoon force at any moment. In addition, Figg also managed to iron out the observatory's conflict with the Shanghai and Manila Observatories.
William Douglas Woody and Krista D. Forrest
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9781479860371
- eISBN:
- 9781479828128
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479860371.003.0003
- Subject:
- Sociology, Law, Crime and Deviance
This chapter opens with a review of the false confession and mistaken conviction of Matt Livers, which powerfully depicts many of the ways the totality of the circumstances shapes interrogation and ...
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This chapter opens with a review of the false confession and mistaken conviction of Matt Livers, which powerfully depicts many of the ways the totality of the circumstances shapes interrogation and suspects’ decisions to confess. The authors present interviews and explore ways that interviews contrast with interrogations. Police interviews typically include attempts at behavioral deception detection; therefore, this chapter examines the wide and deep research literature and recommends caution for police, particularly regarding the ways that biases interfere with deception detection. The chapter then introduces Miranda warnings, including their content and limitations, before concluding with a review of the widely used method of interrogation promoted by John E. Reid & Associates, Inc.Less
This chapter opens with a review of the false confession and mistaken conviction of Matt Livers, which powerfully depicts many of the ways the totality of the circumstances shapes interrogation and suspects’ decisions to confess. The authors present interviews and explore ways that interviews contrast with interrogations. Police interviews typically include attempts at behavioral deception detection; therefore, this chapter examines the wide and deep research literature and recommends caution for police, particularly regarding the ways that biases interfere with deception detection. The chapter then introduces Miranda warnings, including their content and limitations, before concluding with a review of the widely used method of interrogation promoted by John E. Reid & Associates, Inc.
William Douglas Woody and Krista D. Forrest
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9781479860371
- eISBN:
- 9781479828128
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479860371.003.0004
- Subject:
- Sociology, Law, Crime and Deviance
This chapter dives into the myriad deceptive tactics used by police interrogators. The authors open with the false confessions of the Tucson Four, who faced extensive deception. The authors then turn ...
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This chapter dives into the myriad deceptive tactics used by police interrogators. The authors open with the false confessions of the Tucson Four, who faced extensive deception. The authors then turn to a philosophical discussion of deception, followed by examination of the ways that lies by police officers affect suspects, the public, and officers themselves. Next, the chapter reviews forms of police deception, including deception about Miranda, deceptive interrogation tactics, and elaborate role-playing activities as well as courts’ responses to deception during interrogation. This chapter also explores the experimental literature on interrogation and confession with particular attention to research about deceptive interrogation tactics. The chapter concludes with a review of the ways that deception shapes the totality of the circumstances.Less
This chapter dives into the myriad deceptive tactics used by police interrogators. The authors open with the false confessions of the Tucson Four, who faced extensive deception. The authors then turn to a philosophical discussion of deception, followed by examination of the ways that lies by police officers affect suspects, the public, and officers themselves. Next, the chapter reviews forms of police deception, including deception about Miranda, deceptive interrogation tactics, and elaborate role-playing activities as well as courts’ responses to deception during interrogation. This chapter also explores the experimental literature on interrogation and confession with particular attention to research about deceptive interrogation tactics. The chapter concludes with a review of the ways that deception shapes the totality of the circumstances.
Stephan Dilchert and Deniz S. Ones
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780195387476
- eISBN:
- 9780199914517
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387476.003.0054
- Subject:
- Psychology, Social Psychology
This chapter addresses issues surrounding strategies to identify and reduce socially desirable responding, impression management, and faking in applied assessment settings. Strategies are discussed ...
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This chapter addresses issues surrounding strategies to identify and reduce socially desirable responding, impression management, and faking in applied assessment settings. Strategies are discussed in terms of a framework with four categories based on purpose (identification or prevention) and level (scale/test or person). Three major questions are considered: Which forms do the strategies take (what are recommendations for use in applied assessment practice)? To what degree do test users rely on such strategies in identifying or preventing response distortion (what are the prevalence rates)? What is the effectiveness of each strategy in applied settings (does it lead to the successful identification or prevention of faking under realistic assessment conditions)? The chapter concludes that even those strategies that have received the most research attention so far do not present effective solutions in applied assessment settings.Less
This chapter addresses issues surrounding strategies to identify and reduce socially desirable responding, impression management, and faking in applied assessment settings. Strategies are discussed in terms of a framework with four categories based on purpose (identification or prevention) and level (scale/test or person). Three major questions are considered: Which forms do the strategies take (what are recommendations for use in applied assessment practice)? To what degree do test users rely on such strategies in identifying or preventing response distortion (what are the prevalence rates)? What is the effectiveness of each strategy in applied settings (does it lead to the successful identification or prevention of faking under realistic assessment conditions)? The chapter concludes that even those strategies that have received the most research attention so far do not present effective solutions in applied assessment settings.
Brian Lukoff
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780195387476
- eISBN:
- 9780199914517
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387476.003.0070
- Subject:
- Psychology, Social Psychology
This chapter examines methods that aim to reduce faking. These methods alter the delivery mechanism of the assessment by changing the way test questions are asked (verifiable biodata and situational ...
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This chapter examines methods that aim to reduce faking. These methods alter the delivery mechanism of the assessment by changing the way test questions are asked (verifiable biodata and situational judgment tests), the person they are asked to (third-party ratings), or the instructions that accompany the assessment itself (warning respondents not to fake). The chapter concludes by describing a new method that combines a real-time faking detection algorithm with warnings based on the results of the algorithm, which can potentially harness the power of warnings while avoiding some of their pitfalls.Less
This chapter examines methods that aim to reduce faking. These methods alter the delivery mechanism of the assessment by changing the way test questions are asked (verifiable biodata and situational judgment tests), the person they are asked to (third-party ratings), or the instructions that accompany the assessment itself (warning respondents not to fake). The chapter concludes by describing a new method that combines a real-time faking detection algorithm with warnings based on the results of the algorithm, which can potentially harness the power of warnings while avoiding some of their pitfalls.
George C. Thomas III and Richard A. Leo
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780195338935
- eISBN:
- 9780199933303
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195338935.003.0008
- Subject:
- Law, Criminal Law and Criminology
Like the Court’s voluntariness test, Miranda failed to constrain lower courts. Chief Justice Earl Warren’s opinion not only provoked powerful, biting dissents but also was unable to establish the ...
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Like the Court’s voluntariness test, Miranda failed to constrain lower courts. Chief Justice Earl Warren’s opinion not only provoked powerful, biting dissents but also was unable to establish the deep theoretical foundation needed to encourage a robust application. Three years earlier, Gideon v. Wainwright unanimously held that indigent felony defendants had a right to counsel at state expense. Gideon’s commonsense doctrine is more morally attractive and far easier to apply even-handedly than a rule that police are supposed to give warnings that they hope suspects will ignore. If Miranda’s goal was to protect suspects from police pressure, it largely failed because 80% of suspects talk to police even after being warned and are thus subject to police pressure just as in the days before Miranda. The chapter argues, however, that Miranda did achieve the important goal of giving suspects notice of their rights. It might be the best of all worlds if suspects know they can remain silent but go ahead and answer police questions.Less
Like the Court’s voluntariness test, Miranda failed to constrain lower courts. Chief Justice Earl Warren’s opinion not only provoked powerful, biting dissents but also was unable to establish the deep theoretical foundation needed to encourage a robust application. Three years earlier, Gideon v. Wainwright unanimously held that indigent felony defendants had a right to counsel at state expense. Gideon’s commonsense doctrine is more morally attractive and far easier to apply even-handedly than a rule that police are supposed to give warnings that they hope suspects will ignore. If Miranda’s goal was to protect suspects from police pressure, it largely failed because 80% of suspects talk to police even after being warned and are thus subject to police pressure just as in the days before Miranda. The chapter argues, however, that Miranda did achieve the important goal of giving suspects notice of their rights. It might be the best of all worlds if suspects know they can remain silent but go ahead and answer police questions.
Philip Kitcher and Richard Schacht
- Published in print:
- 2005
- Published Online:
- October 2011
- ISBN:
- 9780195183603
- eISBN:
- 9780199850457
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195183603.003.0011
- Subject:
- Music, Opera
Erda served as a source for illumination to Wotan since Wotan acted in accordance with Erda’s warnings. Apparently, Erda is a reliable source of authority because her judgments are being recognized ...
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Erda served as a source for illumination to Wotan since Wotan acted in accordance with Erda’s warnings. Apparently, Erda is a reliable source of authority because her judgments are being recognized and followed. Wotan’s relationship with Brünnhilde indicates how Wotan is devoted to realizing and understanding Erda’s words of wisdom. The articulations that Erda has made in Rheingold are either uttered as express directives or as factual statements that the characters of the drama would not be able to understand unless they achieve a certain perspective that will allow them to look at a broader picture. Erda is capable of making such statements because of her vast knowledge, synoptic sense, and synthetic view of history. This chapter illustrates how, although Erda claims to be all-knowing, there are some aspects of her statements that may evoke confusion.Less
Erda served as a source for illumination to Wotan since Wotan acted in accordance with Erda’s warnings. Apparently, Erda is a reliable source of authority because her judgments are being recognized and followed. Wotan’s relationship with Brünnhilde indicates how Wotan is devoted to realizing and understanding Erda’s words of wisdom. The articulations that Erda has made in Rheingold are either uttered as express directives or as factual statements that the characters of the drama would not be able to understand unless they achieve a certain perspective that will allow them to look at a broader picture. Erda is capable of making such statements because of her vast knowledge, synoptic sense, and synthetic view of history. This chapter illustrates how, although Erda claims to be all-knowing, there are some aspects of her statements that may evoke confusion.
Kirsten N. Mendoza
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781474455589
- eISBN:
- 9781474477130
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474455589.003.0009
- Subject:
- Literature, Criticism/Theory
The subject of trigger warnings is both controversial and misunderstood, yet when deployed correctly a trigger warning can augment rather than shut down discussion. Kirsten Mendoza describes a ...
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The subject of trigger warnings is both controversial and misunderstood, yet when deployed correctly a trigger warning can augment rather than shut down discussion. Kirsten Mendoza describes a strategy for cultivating an atmosphere of trust in her classroom while holding space for productive contention and discomfort. Taking seriously depictions of early modern violence as well as their connection to students’ lived experiences, this chapter provides strategies for using affective responses to support aesthetic and intellectual analysis.Less
The subject of trigger warnings is both controversial and misunderstood, yet when deployed correctly a trigger warning can augment rather than shut down discussion. Kirsten Mendoza describes a strategy for cultivating an atmosphere of trust in her classroom while holding space for productive contention and discomfort. Taking seriously depictions of early modern violence as well as their connection to students’ lived experiences, this chapter provides strategies for using affective responses to support aesthetic and intellectual analysis.
Becky Thompson
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9780252041167
- eISBN:
- 9780252099731
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5622/illinois/9780252041167.003.0006
- Subject:
- Education, Educational Policy and Politics
“To You, I Belong” examines historical memory as an embodied concept. Teaching asks us to work with memories in our bodies. The memories that we store often defy coherent narratives, require us to ...
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“To You, I Belong” examines historical memory as an embodied concept. Teaching asks us to work with memories in our bodies. The memories that we store often defy coherent narratives, require us to patchwork sensation with emotion, an energetic presence with evidence shaken by time. The presence and insistence of historical memory inevitably asks us to make room for fear, grief, betrayal, and ambivalence. Dealing with historical memory isn’t easy—our own or our students’ memories. Working closely with the student life office, counseling services, and other support centers becomes crucial. At the same time, outsourcing emotional work to spaces beyond the classroom runs the risk of separating content from process, the mind from the body. This outsourcing can send a message that a teacher is not up to the task of witnessing student journeys. In the chapter, Thompson shares some examples of when students were willing to share an embodied presence in the classroom and what they teach through their courage.
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“To You, I Belong” examines historical memory as an embodied concept. Teaching asks us to work with memories in our bodies. The memories that we store often defy coherent narratives, require us to patchwork sensation with emotion, an energetic presence with evidence shaken by time. The presence and insistence of historical memory inevitably asks us to make room for fear, grief, betrayal, and ambivalence. Dealing with historical memory isn’t easy—our own or our students’ memories. Working closely with the student life office, counseling services, and other support centers becomes crucial. At the same time, outsourcing emotional work to spaces beyond the classroom runs the risk of separating content from process, the mind from the body. This outsourcing can send a message that a teacher is not up to the task of witnessing student journeys. In the chapter, Thompson shares some examples of when students were willing to share an embodied presence in the classroom and what they teach through their courage.
Janet Ainsworth
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199673667
- eISBN:
- 9780191751769
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199673667.003.0201
- Subject:
- Law, Comparative Law, Philosophy of Law
In contemporary jurisprudence, the right to remain silent has been valorized as foundational to human dignity and to human expressive freedom. The right to remain silent is also likely the criminal ...
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In contemporary jurisprudence, the right to remain silent has been valorized as foundational to human dignity and to human expressive freedom. The right to remain silent is also likely the criminal law doctrine most recognized by the American general public. In fact, given the worldwide marketing of American movies and television dramas, the Miranda warning, beginning, ‘You have the right to remain silent’, may well be the single most widely known principle of criminal law in the world. Yet, despite its deep roots in American legal history and its entrenched status in current popular culture, the right to silence as articulated in Miranda has been subject to a barrage of judicial limitations, qualifications, and exceptions in recent years, to the point where it currently can scarcely be said to provide any meaningful constraint on police interrogation at all. This chapter begins by tracing the origins of the Miranda rule. It then discusses remaining silent as an exercise of the right to remain silent; Berghuis v. Thompkins and its consequences for the right to remain silent; speaking to claim the right to remain silent; and whether Miranda warnings are still relevant.Less
In contemporary jurisprudence, the right to remain silent has been valorized as foundational to human dignity and to human expressive freedom. The right to remain silent is also likely the criminal law doctrine most recognized by the American general public. In fact, given the worldwide marketing of American movies and television dramas, the Miranda warning, beginning, ‘You have the right to remain silent’, may well be the single most widely known principle of criminal law in the world. Yet, despite its deep roots in American legal history and its entrenched status in current popular culture, the right to silence as articulated in Miranda has been subject to a barrage of judicial limitations, qualifications, and exceptions in recent years, to the point where it currently can scarcely be said to provide any meaningful constraint on police interrogation at all. This chapter begins by tracing the origins of the Miranda rule. It then discusses remaining silent as an exercise of the right to remain silent; Berghuis v. Thompkins and its consequences for the right to remain silent; speaking to claim the right to remain silent; and whether Miranda warnings are still relevant.
