The parties of the criminal process, possessing the same procedural status (the suspects, indictees), must also have the same rights and obligations; however, if such “differences” as mental disability exists between them, discrimination of the rights and obligations is objectively justifiable. Otherwise, deviation from the constitutional principles of equality between the lawful state and the persons would occur.The article is aimed at substantiating the suspect’s (indictee’s) procedural capability, which is predetermined by the person’s psychic condition. The article starts with (...) an analysis of the category of the general procedural legal subjectivity, which is composed of the procedural legal capacity and the procedural capability. It is stressed that the problem with the suspect’s (indictee’s) procedural subjectivity is related to the items on acquisition of the party’s possibility (permission) to act and on the realization of this possibility (making use of the subjective rights and implementation of the legal obligations) in the course of the process. The Constitutional Court of the Republic of Lithuania has noted that, generally speaking, legal subjectivity is to be considered as a tool for defending one’s rightful interests. The criminal procedural capability, which is not legally consolidated in Lithuania, contrariwise to the civil procedural capability, is investigated further on in the article. The author submits several scientific provisions, with the help of which she reveals the content of the suspects’ (indictees’) procedural capability via the criteria of his/her intellect and will. Certain points of contact of substantiation of such procedural capability, with the doctrine of the countries, which practice both general and continental law, are indicated. (shrink)

The endorsement of epistemically suspect (i.e., paranormal, conspiracy, and pseudoscientific) beliefs is widespread and has negative consequences. Therefore, it is important to understand the reasoning processes – such as lower analytic thinking and susceptibility to cognitive biases – that might lead to the adoption of such beliefs. In two studies, I constructed and tested a novel questionnaire on epistemically suspect beliefs (Study 1, N = 263), and used it to examine probabilistic reasoning biases and belief bias in syllogistic (...) reasoning as predictors of the endorsement of those beliefs, while accounting for analytic thinking and worldview variables (Study 2, N = 397). Probabilistic reasoning biases, analytic thinking, religious faith, and political liberalism consistently predicted various epistemically suspect beliefs, whereas the effect of syllogistic belief bias was largely restricted to pseudoscientific beliefs. Further research will be needed to examine the role the biased evaluation of evidence plays in the endorsement of epistemically suspect beliefs. (shrink)

The story of Judah and Tamar in Genesis 38 is one of the most intriguing stories in the Hebrew Bible. While it yields many useful insights into the character of God, the nature of sin and the aspiration of our redemption, it is equally offensive when one looks at it from a human rights perspective, considering, in particular, the vulnerable and defenceless woman, Tamar. Her being returned to her father’s house is portrayed as acting in accordance with the law for (...) a childless widow. However, using the critical hermeneutical lens, it becomes apparent that the real motive that drove Judah to send her away was his fear lest his only surviving son Shelah should share the fate of Er and Onan, whose deaths he plainly attributed to Tamar’s doing. As such, Tamar was deprived of the right to marry Shelah as provided for in the levirate marriage law. Using feministic hermeneutics and the comparative approach, this article foregrounds the vulnerability experienced by women, especially when their husbands mysteriously or suddenly pass away. Because of the patriarchal hegemony of African and Israelite societies, childless widows often find themselves ostracised from the same families which they thought they were now part and parcel of by virtue of having married into that family. Much of the ostracism emanates from the fact that they are usually fingered as the prime suspects responsible for having played a part in their husbands’ deaths. Hence, the crux of this article is to present the interface between the Israelite and African worldviews, highlighting the parallels between the plight of widows in the Israelite and Shona societies. (shrink)

In this article, we explore the ethical issues related to the reporting of suspected abuse or neglect in research involving children. Ethical dilemmas related to reporting child maltreatment are often complex because the rights of children and their adult caregivers may conflict and determinations of abuse or neglect are socially constructed judgments that depend on particular circumstances. We argue that when reporting is legally mandated, investigators must follow the law and report their suspicions to Child Protective Services. When reporting is (...) not legally mandated, investigators still have an ethical obligation to report to help prevent additional maltreatment and allow children to obtain access to services needed to recover from abuse or neglect. We also argue that investigators should include plans and procedures in the research protocol for making reports and training research staff in recognising evidence of child abuse or neglect. Although investigators should report evidence of abuse or neglect that is discovered incidentally, they have no mandate to actively search for such evidence when it is not related to the study’s objectives. Investigators should also inform parents and children about their obligations to report suspected abuse or neglect. (shrink)

Drug testing is widely deployed in the United States throughout the public and private sectors. This case study uses two emergent drug-testing technologies—hair analysis and the sweat patch—as examples of techniques of governance that should be subjected to the political equivalent of strict scrutiny. The article contributes to conceptual debates in science and technology studies, arguing that the study of social structure and subject formation should be integral rather than epiphenomenal to analysis in the transdisciplinary field of science and technology (...) studies. The article contextualizes the development and deployment of drug-testing technologies within the structural and epistemological categories of racial and ethnic difference, gender, sexuality, and class formation. Conflicts between proponents of the technologies and critical advocates who seek to constrain their use mark sites of productive theoretical engagement with structural sociology, racial formation theory, critical race theory, and feminist critique.1 Finally, the article demonstrates how STS analyses can contribute to the struggles of strategic counterpublics as they advocate for changing the meaning and material consequences of suspect technologies. (shrink)

BackgroundLow-stakes crimes related to alcohol and/or drugs are common around the world, but research is lacking on police–suspect interactions of such crimes. A large proportion of these suspects are intoxicated during interrogations, and many may have substance use disorder, making them potentially vulnerable to interrogative pressure.MethodsTo address this lack of knowledge, the taxonomy of interrogation methods framework and a common classification of question types were applied in the coding of written police interrogations. Two archival studies, one pilot and one (...) main study analyzed police interrogations with suspects of alcohol- and drug-related crimes in Sweden.ResultsFor both Study 1 and 2, suspects showed signs of alcohol and/or drug intoxication, hangover or withdrawal in more than 50% of all interrogations. In Study 2, additional coding indicated that suspects displayed signs of substance use disorder in 57% of the interrogations. The main results from both studies revealed a large number of direct questions asked by the police across all interrogations, and relatively little use of the strategic interrogation techniques from the taxonomy of interrogation methods framework. In fact, when it came to interrogation techniques, law enforcement used more confrontational techniques in their interactions with intoxicated suspects compared to sober suspects. Furthermore, suspects displaying signs of substance use disorder were significantly more cooperative and prone to confess than suspects without indicators of substance use disorder.ConclusionAs the first novel study on low-stakes crime interrogations related to alcohol and/or drugs, the present study provides useful information about current Swedish interrogation practices and areas for improvement. The study results indicate that suspects displaying signs of intoxication or substance use disorder may be more vulnerable during police interrogations. This may in turn have the potential to inform the development of new interrogation policies. Due to the novelty of this research, more studies are needed, both on a national and international level, to examine interrogations in low-stakes crimes further. (shrink)

Dementia is highly prevalent and up until now, still incurable. If we may believe the narrative that is currently dominant in dementia research, in the future we will not have to suffer from dementia anymore, as there will be a simple techno-fix solution. It is just a matter of time before we can solve the growing public health problem of dementia. In this paper we take a critical stance towards overly positive narratives of techno-fixes by placing our empirical analysis of (...) dementia research protocols and political statements in a framework of technology assessment. From this perspective, it becomes obvious that a techno-fix is just one of many ways to approach societal problems and more importantly that technologies are way less perfect than they are presented. We will argue that this narrow scope, which focusses on the usual suspects for solving illnesses, reduces dementia to organismic aspects, and may be counterproductive in finding a cure for dementia. We conclude with outlining how the narrow scope can be balanced with other narratives and why we should have a reasonable scepticism towards the usual suspects. (shrink)

As the suspect interview is one of the key elements of a police investigation, it has received a great deal of merited attention from the scientific community. However, suspect interviews in child sexual abuse (CSA) investigations is an understudied research area. In the present mixed-methods study, we examine Swedish (n= 126) and Norwegian (n= 52) police interviewers' self-reported goals, tactics, and emotional experiences when conducting interviews with suspected CSA offenders. The quantitative analyses found associations between the interviewers' self-reported (...) goals, tactics, and emotions during these types of suspect interviews. Interviewers who reported experiencing more negative emotions were more likely to employ confrontational tactics. Specifically, anger was positively associated with the goal of obtaining a confession and with aggressive tactics like raising one's voice and emphasizing the seriousness of the crime. Frustration and disgust displayed similar patterns. Somewhat contrasting these quantitative results, the thematic analysis identified a strong consensus that emotions should not and do not affect the police interviewers' work. Furthermore, the police interviewers described a range of strategies for managing emotions during the interview and for processing their emotional reactions afterwards. The present findings highlight the relevance of emotional processes in CSA suspect interviews and provide an initial exploration of the potentially complex relationship between the goals, tactics, and emotional experiences of police interviewers who question CSA suspects. (shrink)

This paper challenges the traditional account of vulnerability in healthcare which conceptualizes vulnerability as a list of identifiable subpopulations. This list of ‘usual suspects’, focusing on groups from lower resource settings, is a narrow account of vulnerability. In this article we argue that in certain circumstances middle-class individuals can be also rendered vulnerable. We propose a relational and layered account of vulnerability and explore this concept using the case study of cord blood (CB) banking. In the first section, two different (...) approaches to ‘vulnerability’ are contrasted: categorical versus layered. In the second section, we describe CB banking and present a case study of CB banking in Argentina. We examine the types of pressure that middle-class pregnant women feel when considering CB collection and storage. In section three, we use the CB banking case study to critique the categorical approach to vulnerability: this model is unable to account for the ways in which these women are vulnerable. A layered account of vulnerability identifies several ways in which middle-class women are vulnerable. Finally, by utilizing the layered approach, this paper suggests how public health policies could be designed to overcome vulnerabilities. (shrink)

Explanations of organizational misconduct frequently point to declining firm performance and/or the actions of unethical or suspect leaders. Evidence that high-performing firms act illegally or unethically is an enigma. The purpose of this paper is to address these issues by exploring organizational performance using aspirational rather than absolute measures and examining the effect that suspect leader succession has on the increased probability of organizational misconduct. Our analysis of 128 collegiate football programs competing between 1953 and 2016 reveals an (...) increased likelihood of misconduct among organizations with strong as well as weak performance, most notably in comparison to competitive peer programs. Social- and self-referenced aspirations produced distinct relationships between relative performance and misconduct. The impact of leader succession was conditional. The data revealed an increased likelihood of infraction episodes with the appointment of suspect leaders. In some instances, however, a reduced likelihood of misconduct accompanied succession events involving untainted leaders. (shrink)

Author Rizwaan Sabir, as a then-MA student at Nottingham University, became known as one-half of the “Nottingham Two” following his arrest along with Hicham Yezza in May 2008. They were detained for six days without charge on suspicion of terrorism for the possession of a document titled the Al Qaeda Training Manual, which was freely available on the internet and from bookstores. Sabir had downloaded it from a US government website for use as primary source material in his proposed PhD (...) research on armed Muslim groups. But Sabir’s arrest, detention, interrogation, and release without charge takes up only about one-fifth of the pages; the remainder covers subsequent events revealing the extent of the surveillance to... Read More. (shrink)

The usual suspects Content Type Journal Article DOI 10.1007/s11016-010-9453-9 Authors Mark Erickson, School of Applied Social Science, University of Brighton, Falmer, Brighton, BN1 9PH UK Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.

The aim of this article is to show how a suspect’s statement travels through two stages of the criminal law process: the police interrogation and the trial, exhibited by two modes of production: talk and writing. I first discuss how the suspect’s statement is elicited and written down by the police in the police report; next I consider how the police report is made to form part of a legally adequate case-file; and finally I investigate the ways in (...) which the judge quotes and refers to the police report in his questioning of the suspect during the trial. This step-by-step inspection of the trajectory of the suspect’s statement shows processes of de- and recontextualization. The suspect’s statement is written down so as to enable it to be taken out of one context and inserted into another. This means that old meanings are removed from the suspect’s statement and new meanings are added. In the courtroom, however, the judge treats the suspect’s written statement as his own individual production, irrespective of the interactional environment in which it was elicited. The suspect’s statement is taken out of one context, inserted into another context and treated as independent of context. (shrink)

The essay is concerned with questions about the legitimacy of the concepts we may want to use. My main focus is Guy Kahane’s criticism of Michael Sandel’s ideas about enhancement. I try to bring out what is at stake in the disagreement between Kahane and Sandel, and I sketch some of the connections with Jane Heal’s criticism of the idea that truth is of value.

Some commentators have attributed constructivism to Kant at the first-order level; others cast him as a meta-ethical constructivist. Among meta-ethical constructivist interpretations I distinguish between ‘atheistic’ and ‘agnostic’ versions regarding the existence of an independent moral order. Even though these two versions are incompatible, each is linked with central Kantian doctrines, revealing a tension within Kant's own view. Moreover, among interpretations that cast Kant as rejecting substantive realism but embracing procedural realism, some (i.e., those that are ‘constructivist’) face charges of (...) indeterminacy or relativism, while others (practical reasoning views) face ‘daunting rationalism’ objections. I close with some objections to interpreting Kant as a meta-ethical constructivist. (shrink)

This article explores the ways in which suspects attempt to make putative victims/complainants at least partially responsible for the incidents for which they are investigated, transforming themselves into the victim and the other into the perpetrator. Drawing upon conversation analysis, I examine audio-recorded police interviews for low-level crimes in England and in which suspects have constructed what I refer as counter-denunciations. I argue that suspects accomplish these counter-denunciations through discursive practices that involve, for example (a) contrasting the complainant’s actions with (...) their own innocent conduct; (b) historicizing the event being investigated; and (c) discrediting the complainant’s character—stigmatizing. These practices have in common the suspects’ reliance on the relational and contextual character of the categories ‘offender’ and ‘victim’. (shrink)

We examine the asking and answering of `silly questions' in British police interviews with suspects, the courses of action SQs initiate, and the institutional contingencies they are designed to manage. We show how SQs are asked at an important juncture toward the ends of interviews, following police officers' formulations of suspects' testimony. These formulations are confirmed or even collaboratively produced by suspects. We then examine the design of SQs and show how they play a central role in the articulation of (...) suspects' reported `state of mind', and particularly attributing to them criminal intentions constitutive of the offence with which they may be charged. In cases where SQs do not produce unambiguous answers about `state of mind' or intentionality, police officers move toward direct questioning about suspects' intent, thus making explicit the project of SQs in such interviews. Following SQ—Answer sequences, police officers reformulate suspects' testimony, with subtle but crucial differences with regard to suspects' knowledge state and criminal intent. Suspects overwhelmingly align with police officers' formulations of their testimony, and such agreements have the interactional shape of affiliation. Yet SQs may work in ways that are institutionally adversarial with regard to criminal charges, relevant evidence and self-incriminating testimony. (shrink)

A groundbreaking study of how concepts of virtue and vice are used to deny American women full political rights.

The market failures approach to business ethics argues that economic theory regarding the efficient workings of a market can generate normative prescriptions for managerial behaviour. It argues that actions that inhibit Pareto optimal solutions are immoral. However, the approach fails to identify goods that should be regulated or prohibited from the market, something common to the moral limits to markets approach to business ethics. There are, however, numerous assumptions underlying Paretian efficiency, including some about the preferences of market participants. Trade (...) in some goods violates some of these assumptions, and so these goods are morally suspect and can be understood to indicate that the market for these goods is not moral. This creates grounds sufficient for regulating, and possibly prohibiting, these goods. To help determine whether it is then necessary to regulate the goods, I propose a supplementary economic analysis to ascertain why an assumption regarding a particular preference is being violated. (shrink)

ABSTRACTUsing medical literature citations, Congressional hearings, and declassified documents this paper examines the uses of pharmaceuticals in the interrogation of vulnerable populations. From the use of IV relaxants on criminal suspects during the 1920s to the Global War on Terror, the nexus of drugs, testing, and interrogations will be explored in both the domestic and international contexts.

B-events are matters which are better known to listeners than to speakers. This paper studies the detectives’ use of B-event statements in two different environments in their interactions with suspects/witnesses. The first type of environment are relatively co-operative sequences during which the aim is the reconstruction of events and constructing the record; here, B-event statements are realised as confirmation seeking questions. The second type of environment, a hostile interactional environment, is composed of argumentative sequences in which detectives aim to determine (...) who are the perpetrators of crimes; in these sequences, the detectives’ B-event statements are realised as accusations. While performing the two activities, the detectives signal different epistemic levels and stances at the turn level. Thus, the former B-event statements are mostly epistemically downgraded, while the latter are mostly upgraded, in order to facilitate undertaking these different activities during police questioning. (shrink)

We live in a wondrous age. Cyberspace, cloning, AI, cosmetic surgery, sex reassignment, organ transplants, and so on are chipping at our notion of the physical body as a stable entity that defines us from the cradle to the grave. But before we start to think of ourselves as ethereal entities for whom body parts are merely resources, Simon Cole presents us with an intriguing history of how we came to equate ourselves with our bodies. Suspect Identities offers clear (...) style, innovative materials, solid research, and instructive analysis. The result is a rich but accessible book that should become an important text for everybody interested in science and society and in the histories of biological thinking and criminal identification.In the first part of his book Cole follows the late‐nineteenth‐century search for reliable physical indicators of social tendencies, potential criminality in particular. This hope, we know, did not materialize. Criminal potentiality could not be read directly from the body. What could be read from the body, however, was the identity of its owner. That may have disappointed the anthropologists and the criminologists, who believed that behavior has biological roots, but it certainly pleased the bureaucrats. Thus, by the end of the nineteenth century, two technologies, anthropometry and fingerprinting, were already used by the growing arms of the state to identify criminals and link them to their history, stored within the burgeoning paper memory of the state.Anthropometry and fingerprinting were developed in different contexts. Anthropometry emerged in the cities of Europe. Fingerprinting developed on the imperial frontiers. Anthropometry, with its careful protocol and exact quantitative measurements of the human bones, enjoyed more scientific credibility. Nevertheless, it was the visual technique of fingerprinting that won the day. The choice, Cole argues, was more than a mere technical decision in favor of a better technique. It was a preference for industrial‐style speed and economy over scientific accuracy and precision. Mechanical in nature, fingerprinting transferred bodily inscriptions of the undifferentiated colonial masses into colonial records with relative ease and effectiveness, and it did not take it long to migrate from the imperial frontiers to the rapidly growing and increasingly anonymous urban centers of Europe and America.In the middle section of the book Cole follows the twentieth‐century brilliant career of fingerprinting, mainly in America. Starting as a record‐keeping technology, a way of identifying criminals and linking them to their past, fingerprinting soon developed into a formidable forensic technique that linked suspects to the scenes of their crimes. What intrigues Cole the most is the wholesale acceptance of fingerprint evidence, even though it always lacked an easily articulated scientific foundation. Fingerprinting, Cole points out, was never subjected to the careful scrutiny that is supposed to be inflicted on scientific and legal facts, and fingerprint experts were allowed remarkable leeway by the courts, testifying with almost complete immunity from attacks. Cole's search for an explanation of this peculiar arrangement produces some fascinating insights concerning the mutually constitutive relations between science and the state and the ways in which certain technologies gain credibility and become as common as flying in the air.In the final part of the book Cole brings his history to bear on our present genetic age. Diagnosing criminals and diagnosing criminality were never clearly distinct. Thus, as Cole points out, every new criminal identification technique—photography, anthropometry, fingerprinting—has stimulated biological theories of criminality. The same happens now with DNA typing, the latest in this long line of technologies. A large number of people expect molecular biology, the science behind DNA typing, to allow us to explain human nature. The history of criminal identification, Cole argues, should teach us to heed the difference between a biological marker and a code and make us skeptical about the likelihood that biological information, genetic or otherwise, will ever provide a full explanation of social behavior. (shrink)

Tissue plasminogen activator (tPA) is administered to patients with suspected ischemic stroke to improve blood flow to the brain In rare cases, patients present with complaints of stroke symptoms that appear to be non-organic due to malingering, factitious disorder, or conversion disorder (psychogenic stroke mimics). Deciding whether or not to administer tPA to these patients can be challenging. The risk of hemorrhage after administration of tPA is low, but not zero. The ethical principles of beneficence and nonmaleficence need to be (...) weighed carefully in these situations. We present two cases of patients with suspected psychogenic stroke mimics to illustrate the ethical challenges faced in identifying and managing psychogenic stroke mimics. Further research is needed to demonstrate effective treatment strategies for patients with acute stroke symptoms of psychogenic etiology. (shrink)

The article analyzes an interactional form of tunnel vision or cognitive bias in a series of mundane police–suspect interactions. The data come from a murder case in which the suspect, later convicted and then released from prison with the help of the Wisconsin Innocence Project, frequently calls police detectives to inquire about his confiscated van. As he is operating in a context in which accusations are rarely made explicit, we highlight the suspect’s use of a complaint-denial device (...) to tacitly claim innocence. The police respond by focusing on the complaint rather than the denial part of the device. The use of the complaint-denial device is compared to more formal inquiries in which accusations are overt. We discuss the implications of a sociological understanding of cognitive bias – how it may operate in practices of talk and social interaction during informal encounters – for other criminal justice settings. (shrink)

This paper examines a variety of contexts in metaphysics which employ a strategy I consider to be suspect. In each of these contexts, ‘The Suspect Strategy’ (TSS) aims at excluding a series of troublesome contexts from a general principle whose truth the philosopher in question wishes to preserve. We see (TSS) implemented with respect to Leibniz’s Law (LL) in the context of Gibbard’s defense of contingent identity, Myro and Gallois’ defense of temporary identity, as well as Terence Parsons’ (...) defense of indeterminate identity. Our example of (TSS) as implemented with respect to the Existence Principle (EP) is Terence Parsons’ defense of non-existent objects. Finally, the coincidence-theorist’s analysis of the problem of constitution as given by Baker, Fine and Yablo, as well as Deutsch’s recent defense of the relative-identity theory provide examples of (TSS) as implemented with respect to restricted indiscernibility principles of the form in (RI). While we of course cannot conclude from our exposure to extant versions of (TSS) that no exclusion-procedure could ever overcome the troubling features we encountered, my remarks in this paper should, I think, at least give us reasons to be skeptical that any strategy which proceeds by means of purely formal (e.g., syntactic) individuation-criteria could achieve its intended purpose; for we have seen that such strategies are in general too coarse-grained to individuate contexts correctly into those that should and those that should not be excluded from the reaches of the general principle under discussion. I suspect, moreover, though I do not argue for this stronger claim, that any strategy which does not proceed by means of purely formal criteria would in some way succumb to the charge of circularity. As a result, I recommend that we should learn to become accustomed to a universe populated with a surprising multitude of numerically distinct yet almost indiscernible objects, such as statues and the lumps of clay that constitute them. Given the large amounts of overlap among these almost indiscernible objects, such a densely populated universe is actually quite easy to live with, but that’s a story for a separate occasion. (shrink)

Degradation of eukaryotic RNAs that contain premature termination codons (PTC) during nonsense‐mediated mRNA decay (NMD) is initiated by RNA decapping or endonucleolytic cleavage driven by conserved factors. Models for NMD mechanisms, including recognition of PTCs or the timing and role of protein phosphorylation for RNA degradation are challenged by new results. For example, the depletion of the SMG5/7 heterodimer, thought to activate RNA degradation by decapping, leads to a phenotype showing a defect of endonucleolytic activity of NMD complexes. This phenotype (...) is not correlated to a decreased binding of the endonuclease SMG6 with the core NMD factor UPF1, suggesting that it is the result of an imbalance between active (e.g., in polysomes) and inactive (e.g., in RNA‐protein condensates) states of NMD complexes. Such imbalance between multiple complexes is not restricted to NMD and should be taken into account when establishing causal links between gene function perturbation and observed phenotypes. (shrink)

The concentration of low‐density lipoprotein (LDL) cholesterol (C) in plasma is a key determinant of cardiovascular disease risk and human genetic studies have long endeavoured to elucidate the pathways that regulate LDL metabolism. Massive genome‐wide association studies (GWASs) of common genetic variation associated with LDL‐C in the population have implicated SORT1 in LDL metabolism. Using experimental paradigms and standards appropriate for understanding the mechanisms by which common variants alter phenotypic expression, three recent publications have presented divergent and even contradictory findings. (...) Interestingly, although these reports each linked SORT1 to LDL metabolism, they did not agree on a mechanism to explain the association. Here, we review recent mechanistic studies of SORT1 – the first gene identified by GWAS as a determinant of plasma LDL‐C to be evaluated mechanistically. (shrink)

The underreporting of suspected adverse drug reactions remains a primary issue for contemporary post-market drug surveillance or ‘pharmacovigilance.’ Pharmacovigilance pioneer W.H.W. Inman argued that ‘deadly sins’ committed by clinicians are to blame for underreporting. Of these ‘sins,’ ignorance and lethargy are the most obvious and impactful in causing underreporting. However, recent analyses show that diffidence, insecurity, and indifference additionally play a major role. I aim to augment our understanding of diffidence, insecurity, and indifference by arguing these sins are underwritten by (...) value judgments arising via epistemic risk. I contend that ‘evidence-based’ medicine codifies these sins. (shrink)

Nehrer's unique viewpoint reveals hidden meaning within common questions on life, ideas and consciousness.

Despite the fact that six years have passed since 9/11, the Pentagon's recent decision to try six Guantanamo detainees for capital crimes such as terrorism and support of terrorism made national headlines. William Glaberson, "U.S. Charges 6 With Key Roles in 9/11 Attacks", N.Y. Times, Feb. 11, 2008, at A1. In this Debate, Professors Amos N. Guiora, of the University of Utah, and John T. Parry, of Lewis & Clark Law School, attempt to settle the question of what sort of (...) forum is most appropriate to try the thousands of individuals in U.S. custody who are suspected of terrorism. Professor Guiora considers three forum options: treaty-based international terror courts, traditional Article III courts, and a hybrid option he calls domestic terror courts. Ultimately, Professor Guiora argues in favor of domestic terror courts, which he describes as being able to balance the legitimate rights of the individual with the equally legitimate national security rights of the state. He considers this option to be the most practical and expedient policy solution, necessitated by an untenable tension between the understanding that some of the detainees present a genuine threat to American national security, and an awareness that indefinite detention violates constitutional principles and fundamental concepts of morality. Professor Parry agrees that current U.S. policy toward detainees has been misguided, but does not believe that innovations of the sort proposed by Professor Guiora are necessary. Rather, he suggests that policymakers should choose Article III courts rather than hybrid courts for trials of suspected terrorists, with military courts as a fallback option. Professor Parry points to research that shows that the federal government is often able to prosecute suspected terrorists in federal court, and therefore considers alternative proposals to Article III courts to be solution[s] in search of a problem. Professor Parry realizes that trial in federal court will not be possible for every suspected terrorist, and concludes that, [f]or people who pose a risk but whose conduct may not violate federal criminal law, prolonged preventive detention is the best choice. (shrink)

All higher education institutions in Finland are committed to following the guidelines of good scientific practice and procedures to handle allegations of misconduct compiled by the Finnish Advisory Board on Research Integrity. However, there is no research available in what way institutions follow these guidelines. This article analyses the current practices of defining and dealing with plagiarism in published Master’s theses. The data consist of 29 written notifications of suspected plagiarism in Master’s theses that were sent to the rectors of (...) universities and decisions on these 29 cases. Inductive content analysis was used to classify the decisions according to definitions of plagiarism, processes to deal with suspicions and sanctions for plagiarism. Due to inconsistency and perplexity in some of the decisions, classifications are overlapping. The main actor in the process is the rector of the higher education institution who bases the decision on the views of preliminary enquirer. Preliminary inquiry has replaced investigation proper and this allows the procedures to remain internal and local. There is no consensus of the definition of plagiarism, and the sanctions for plagiarism vary from nothing to an attempt to revoke a Master’s degree. The adherence of the higher education institutions to the national ethical guidelines is not optimal and leads to inconsistent responses to notifications of suspected plagiarism. (shrink)

This article explores the construction of offences as ‘accidental’ in police-suspect interactions. The data comprise audio-recorded investigative interviews, which were analysed using conversation analysis. In these interviews, suspects often do not explicitly state the nature of their defence when answering police officers’ questions; instead, suspects’ defensive practices or techniques are embedded in the narrative accounts they give of what happened, thus exhibiting rather claiming their ‘innocence’. My focus here is on a particular type of defence, namely, one in which (...) suspects portray an event as having been ‘accidental’. I show that this defence of ‘accident’ is associated with several discourse features including: building a plausible and trivial context in which the untoward incident occurred, describing the untoward action or series of actions, using impersonal or agentless constructions, and representing the disproportionality between the putative victim’s reaction and the aggressor’s untoward conduct. The accountability of these descriptions, however, does not rely on one unique feature, but rather on suspects’ ability to combine these features in such a way that each establishes the grounds for others. (shrink)

What is so appealing about the figure of the master criminal? The answer lies in the kind of solution he provides to the problem of suffering. Rather than just accounting for affliction—as, for example, does Leibniz’s theodicy—such a figure enchants it, transforming mundane objects into actual or potential clues, everyday incidents into moves in a cosmic conflict, random misery into a purposeful pattern. The master criminal (the shadowy villain of _The Usual Suspects_, say) thus constitutes a secular replacement for the (...) Devil, making possible a negative reenchantment of the world. (shrink)

Audiologic assessment of infants and young children with suspected hearing loss requires selection of differential diagnostic techniques that are age-appropriate and appropriate to the child’s developmental capabilities. Objective assessment includes electrophysiologic and electroacoustic methods: otoacoustic emissions, auditory brainstem response, auditory steady-state response, tympanometry and acoustic reflex. The use of behavioural methods in audiologic assessment requires a response from the patient. Depending on the child’s age, the following methods can be performed: visual reinforcement audiometry, conditioned play audiometry, pure tone audiometry, and (...) speech audiometry. Audiologic assessment in infants and children provides estimation of auditory sensitivity, evaluation of the integrity of auditory system andidentification of possible intervention options in case of existing hearing loss. Early detection and treatment of hearing loss in childhood is essential to ensure optimal speech and language development in the early years of life and optimal school performance for older children. (shrink)

During a clinical ethics fellow’s first week of independent supervised service, two unhoused patients on the same floor were resisting the medical team’s recommendations to discharge. In the team’s view, both were medically stable and no longer required hospitalization in an acute setting. The medical team suspected malingering for both. The social worker and case manager had employed their usual means of gentle persuasion and eliminating psychosocial barriers to no avail. Rather than call the police, the attending physician, social worker, (...) and case manager decided to call ethics. These cases lead the fledgling fellow to consider the appropriate role for ethicists in difficult discharge cases. The article analyzes each case, evaluates their similarities and differences in the context of suspected malingering, and comments on ethical issues surrounding cases of suspected malingering. Finally, I reflect on the value and importance of developing and maintaining epistemic and professional independence. (shrink)

This article explores the trend of increasing automation in law enforcement and criminal justice settings through three use cases: predictive policing, machine evidence and recidivism algorithms. The focus lies on artificial-intelligence-driven tools and technologies employed, whether at pre-investigation stages or within criminal proceedings, in order to decode human behaviour and facilitate decision-making as to whom to investigate, arrest, prosecute, and eventually punish. In this context, this article first underlines the existence of a persistent dilemma between the goal of increasing the (...) operational efficiency of police and judicial authorities and that of safeguarding fundamental rights of the affected individuals. Subsequently, it shifts the focus onto key principles of criminal procedure and the presumption of innocence in particular. Using Article 6 ECHR and the Directive (EU) 2016/343 as a starting point, it discusses challenges relating to the protective scope of presumption of innocence, the burden of proof rule and the _in dubio pro reo_ principle as core elements of it. Given the transformations law enforcement and criminal proceedings go through in the era of algorithms, big data and artificial intelligence, this article advocates the adoption of specific procedural safeguards that will uphold rule of law requirements, and particularly transparency, fairness and explainability. In doing so, it also takes into account EU legislative initiatives, including the reform of the EU data protection _acquis_, the E-evidence Proposal, and the Proposal for an EU AI Act. Additionally, it argues in favour of revisiting the protective scope of key fundamental rights, considering, _inter alia_, the new dimensions suspicion has acquired. (shrink)

A consistent finding reported in the literature is that epistemically suspect beliefs are less frequently endorsed by individuals with a greater tendency to think analytically. However, these results have been observed predominantly in Western participants. In the present work, we explore various individual differences known to predict epistemically suspect beliefs across both Western and Eastern cultures. Across four studies with Japanese and Western individuals, we find that the association between thinking style and beliefs varied as a function of (...) culture. Specifically, while Westerners who scored higher on measures of Type-2 analytic thinking tended to endorse epistemically suspect beliefs less, this association was not observed in Japanese samples, suggesting that the often-observed negative association between analytic thinking and epistemically suspect beliefs may be exclusive to Western individuals. Additionally, we demonstrate that a tendency to think holistically is positively associated with the endorsement of epistemically suspect beliefs within both samples. Overall, we discuss how various individual differences predict the endorsement of epistemically suspect beliefs across cultures. (shrink)