The use of nonverbal communication when assessing witness credibility: a view from the bench.

The aim of this article is to provide a better understanding of how, in practice, judges use nonverbal communication during bench trials. The article starts with an overview of legal rules on how judges are supposed to assess witness credibility and use nonverbal communication, and briefly addresses the impact of those rules on lower courts and the limited data about judges in bench trials. Subsequently, we present the methods and the results from an online survey carried out with Quebec judges. While a number of judges have beliefs consistent with the scientific literature, findings reported in this article show that many judges have beliefs inconsistent with the scientific literature, and many are silent on culture-related differences in nonverbal behavior. The article ends with a discussion on the implications of the results for scholars and practitioners, including why findings reported in this article are cause for concern for adversarial justice systems.

Co-Occurrence of Violence on the Severity of Abuse in Intimate Relationships.

Several empirical studies have shown that women who experience violence in intimate personal relationships (IPV) commonly experience more than one form of violence. While it is recognized that individual trajectories of IPV vary over time, little is known about the temporal dynamics of this co-occurrence or its consequences. This study describes the different forms of violence experienced by women and looks at whether it is possible to predict when severe violence (physical and sexual) is most likely to occur. Data in the study comes from interviews with 70 women who had been victims of intimate partner violence. The life history calendar method was used to facilitate identifying kinds and levels of violence and the month in which violence took place. Individual victimization trajectories were found to be heterogenous and likely to change in the short term. The women in our sample experienced more than one form of intimate partner violence and co-occurrence of different forms of violence was common in individual trajectories. The characteristics of the kind of violence experienced were important in understanding the temporal aspects of acts of severe violence. The increased knowledge about patterns of violence provided by these results should help to develop better ways to intervene to prevent such events.

Not a "Get Out of Jail Free Card": Comparing the Legal Supervision of Persons Found Not Criminally Responsible on Account of Mental Disorder and Convicted Offenders.

BACKGROUND: The public often perceives the insanity defense as a "get out of jail free card". Conversely, several studies demonstrate the substantial control imposed upon these defendants. This study compares Review Boards decisions regarding people found not criminally responsible on account of mental disorder (NCRMD) to criminal courts decisions regarding convicted offenders for similar offenses in Canada. METHOD: Detention, using logistic regression, and duration under detention and supervision, using Cox regression, were compared between a cohort of 1794 individuals found NCRMD in three Canadian provinces (Quebec, Ontario, and British Columbia) between 2000 and 2005 followed until 2008 from the National Trajectory Project and a national sample of 3,20,919 Canadians convicted of criminal offense from Statistics Canada's Criminal Court Survey. RESULTS: Individuals found NCRMD are 3.8 times (95% CI 3.4-4.3) more likely to be detained than convicted offenders as well as 4.8 times (95% CI 4.5-5.3) and 2.9 times (95% CI 2.6-3.1) less likely to be released from detention and supervision, respectively. One year after the verdict, 73% of the NCRMD accused were still under legal supervision and 42% were still in detention, whereas these proportions were, respectively, 41 and 1% for their convicted counterparts. Interaction effects show that sex, age, jurisdiction, number of offenses, and severity of crimes committed have a differential impact on decisions applied to NCRMD accused compared to convicted persons. CONCLUSION: Contrary to popular perceptions, the insanity defense is not a loophole. Differences as to factors influencing the trajectories of the two samples confirm that Review Boards are able to distance their practices from the criminal courts and can set aside, at least in part, the principles of proportionality and punitiveness governing the traditional sentencing practices.

When punishment goals moderate and mediate the effect of clinical reports on the recidivism risk on prison sentences.

This research examined whether an individual's endorsement of punishment goals moderates and mediates the effect of a clinical assessment of recidivism risk on the length of prison sentences. We measured participants' endorsement of punishment goals, both before they read a criminal case (i.e. a priori endorsement), and after they had read it (i.e. case-specific endorsement). As expected, the effect of the clinical report's conclusion on participants' sentencing decisions was moderated by a priori endorsement of incapacitation as a punishment goal. Participants who expressed strong (versus weak) a priori endorsement of this punishment goal were influenced by the report's conclusion on the risk of recidivism. In addition, when the clinical report concluded that the offender had a high risk of recidivating, participants expressed greater case-specific motivation to incapacitate him. Finally, the clinical report's conclusion had an indirect effect on the severity of the sentence through case-specific endorsement of the incapacitation punishment goal.

Domestic Violence Reported to the Police: Correlates of Victims' Reporting Behavior and Support to Legal Proceedings.

This article analyzes reported incidents of domestic violence according to the source of the complaint and whether the victim initially supported judicial action against the offender. Almost three quarters of incidents studied were reported by the victim (72%), and a little more than half of victims initially wanted to press charges (55%). Using multinomial logistic regression models, situational and individual factors are used to distinguish 4 incident profiles. Incidents in which the victim made the initial report to the police and wished to press charges are the most distinct and involve partners who were already separated at the time of the incident or had a history of domestic violence. The other profiles also show important differences.