While research has shown that wearing a disguise hinders lineup identifications, less is known about how to conduct lineups in cases of disguised perpetrators. We examined the influence of surgical masks, worn during a crime event (encoding) and within lineups (retrieval), on eyewitness identification accuracy. In our experiment, 452 participants watched a mock-crime video and identified the perpetrator from either a target-present or a target-absent simultaneous lineup. Contrary to expectations based on the encoding specificity principle, we did not find that matching the presence of masks in the lineup to the encoding condition increased identification accuracy. Instead, compared to the condition with no masks at encoding and retrieval, the presence of masks at either stage negatively affected discriminability and undermined the predictive utility of confidence and decision time. Our findings indicate that when a witness has encountered a masked perpetrator, presenting them with a masked lineup may not be necessary.

Conventional thinking holds that most inmates who hunger strike do not desire to die. Rather, they want prison officials to concede to their demands. In this paper, I examine whether death by hunger strike can be classified as suicide. After reviewing definitions of suicide and suicidal intent, I conclude that some deaths by hunger strike can be readily classified as suicides. I further propose that conditional intention is a useful way to understand the complex motivations of hunger strikers. I close by discussing the implications of conditional intention for the assessment of suicidal intent among hunger strikers and for the duty of mental health providers to prevent suicide.

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.

Risk assessment instruments are used to estimate risk of recidivism and aid in decision-making and treatment planning. However, many of these instruments, including the Level of Service/Risk, Need, Responsivity (LS/RNR), are validated on predominantly Western populations, and research has questioned whether the factors included in the LS/RNR adequately capture the experiences and needs of non-Western communities, including Aboriginal and Torres Strait Islanders. The current study aimed to canvas the opinions of Aboriginal and Torres Strait Islander community justice workers as to the suitability of the LS/RNR for use with this population. A general qualitative methodology was adopted to gain in-depth information through the facilitation of a focus group, and data were analysed thematically. Whilst participants agreed that the LS/RNR risk factors are relevant to Aboriginal and Torres Strait Islander offenders, they reported that the instrument did not adequately capture relevant culturally specific considerations and made suggestions to improve the LS/RNR.

The study employed inductive-thematic analysis to identify dynamic cognitive-emotional processes occurring in proximity to deliberate firesetting among a sample of  = 35 adjudicated juvenile firesetters. Six fire-specific themes were determined. Three of these themes are akin to an implicit theory (i.e. a belief system informed by previous experiences): Fire Interest, Fire is Controllable, and Fire Denial/Accidental. Three of these themes are consistent with a cognitive script (i.e. a behavioural guide for how and when to use fire): (a) fire is destructive; (b) fire conceals evidence; and (c) fire creates calm. When reviewed more closely, the theme 'fire is destructive' is composed of two separate subcategories: 'fire creates destructive fun' and 'fire is a destructive tool for revenge'. The findings have risk assessment and treatment implications for juvenile firesetters.

This study examined the relationship between the actual level of physical violence in sexual offenses and dark triad, empathic and impulsive personality traits of their perpetrators. Sixty-four male perpetrators of sexual offenses without any serious mental illness were included. A 5-point Likert-type coding system based on Violence Profile for Current Offense was applied to assess the severity of physical violence of each sexual offense. Personality traits of dark triad (psychopathy, Machiavellianism, narcissism), trait empathy and impulsiveness were also evaluated. Multivariate analyses indicated that non-stranger victim, secondary psychopathy, narcissism and empathy could significantly predict greater involvement of physical violence in a sexual offense. In addition, empathy was negatively correlated with all dark triad traits. Sexual violence should be conceptualized in the form of a continuum, and, considering such an approach, offenders with high secondary psychopathy and narcissism may show preference for sexual assaults that are more violent in nature.

In many Western jurisdictions, criminal suspects undergoing police interrogations have the right to remain silent. In this experiment, we examined the effects of remaining silent during police questioning on laypersons' perceptions of a suspect. Participants ( = 126) read one of three mock-interview transcripts (i.e. admission, denial or silence) and indicated the extent to which they agreed or disagreed that a male suspect in a missing person case was guilty, cooperative, trustworthy and rational. Participants expressed stronger agreement that the suspect was guilty when he admitted guilt than when he denied involvement or remained silent. When the suspect remained silent, participants viewed the suspect as less cooperative than when the suspect denied or admitted guilt and as less rational than when the suspect denied committing the crime. Our findings provide some support for the notion that remaining silent during police questioning may be viewed unfavourably by external observers.

Judicial bullying has received increased attention in Australia in the past decade. Traditional attitudes that dismissed judicial bullying as a rite of passage have been superseded by recognition about the negative impact it has on lawyers' mental health and wellbeing. In interviews about wellbeing and burnout with lawyers in five Australian jurisdictions, judicial bullying was identified as having a significant role in lawyers' mental health and careers. This research affirms current formal steps being undertaken in Victoria to address judicial bullying, but also emphasises the informal mechanisms employed by lawyers to mitigate the risk and reduce the impact of judicial bullying.

There is developing, yet strong, evidence that judicial officers are seriously affected by exposure to traumatic material. The risk and prevalence of psychiatric injury to judges is now increasingly recognised. In the light of growing recognition by the High Court of Australia of the likelihood of psychiatric harm arising in people whose work exposes them to traumatic material in (''), we investigate through legal analysis the possibility that judicial officers may be entitled to compensation for such harm. This might seem straightforward after the High Court decided in that the State was liable in negligence for trauma-related psychiatric injury to an employee lawyer caused in the court-related work environment. We argue in this article that, while there are strong arguments which support liability in negligence for judicial officers as non-employees, nevertheless such claims will be complex and will face a range of hurdles and barriers including those arising from judicial independence and judicial immunity.

The term 'vicarious trauma' refers to a range of cumulative and harmful effects from exposure to the trauma of others and is now recognised as a category of causation in the diagnostic criteria of post-traumatic stress disorder. Legal practitioners may be exposed to the risk of harm from vicarious trauma in a number of occupational contexts. This article reviews recent case authority, including a 2023 prosecution of Court Services Victoria for failing to provide a safe workplace in the Coroners Court of Victoria and the High Court decision in (2022) and the Victoria Court of Appeal decision in (2022). It considers measures that should be taken to provide a workplace for both legal practitioners and judicial officers that is as safe and without risks to health as is reasonably practicable.

There is growing evidence that judges and magistrates experience both high stress and high satisfaction in their work; however, the subjective experience of judicial stress and the cultural and professional factors shaping that experience remain largely unexamined. This qualitative study builds upon earlier quantitative research with the Australian judiciary, by exploring judges' and magistrates' perceptions of the sources and impacts of judicial stress and their ideas for court responses. Thematic analysis of 59 in-depth interviews with judicial officers from five Australian courts revealed eight themes pertaining to the better understanding and management of occupational stress within the judiciary. Implications for courts and individual judicial officers are discussed.

Introduction of evidence relating to the now-discredited behavioural-science syndrome known as 'child sexual abuse accommodation syndrome' in demonstrates the danger of syndrome reasoning in judicial fact finding. Comparable syndrome evidence is still used in the Family Court in the form of 'parental alienation syndrome'. should sound the death knell for all forensic applications of unreliable syndrome reasoning in the courts.

Despite the growing population of women in Australian prisons, limited research has explored whether commonly used risk assessments - predominantly developed and tested on men - are valid for women. We investigated the discriminative and predictive validity of the Level of Service Inventory-Revised: Screening Version (LSI-R:SV), Level of Service/Risk, Need, Responsivity (LS/RNR), and the Historical, Clinical, Risk Management 20-Version 3 (HCR-20) for Victorian women imprisoned for serious violence (N = 79). The LS/RNR was related to any, violent, and non-violent recidivism, and both the LSI-R:SV and the H-Scale of the HCR-20 were related to violent recidivism, with the H-Scale demonstrating strong predictive validity for violence. Four LS/RNR needs domains demonstrated discriminative and predictive validity for any and/or violent recidivism (criminal history, family/marital, alcohol/drug problem, antisocial pattern). Findings are locally significant, showing that the LS/RNR and HCR-20 H-Scale are useful for the prediction and discrimination of recidivism for Australian women incarcerated for serious violence.

This study aims to test the psychometric properties of the Violent Risk Scale (VRS) in a sample of Portuguese remand prisoners. A total of 133 subjects participated in the present study. We carried out a Confirmatory Factor Analysis (CFA) to test the originally proposed two factor structure. Results showed evidence to support the VRS's psychometric qualities. The CFA tested the two-factor structure and showed evidence of the goodness of fit of the original two-factor model. Also, our findings indicated acceptable internal consistency for both subscales. The correlational analyses supported both convergent and discriminant validity of the VRS. Finally, this study also tested known-groups validity. The VRS score showed a satisfactory postdictive accuracy, which means that it is able to demonstrate distinctive scores for groups known to vary on the variables being measured. We consider this work represents an essential support for decision-makers to evaluate the appropriateness of different judicial measures.

The ceiling of therapeutic security in Aotearoa New Zealand is medium security. The aim of this study is to identify and characterise a putative cohort of high-secure patients at a medium-secure regional forensic mental health service. A retrospective review of all admissions to a specific service was conducted over 3.75 years. The Dangerousness Understanding, Recovery and Urgency Manual, Triage Security Scale (DUNDRUM-1) was used to identify patients with high-secure care needs. A multiple logistic regression analysis was used to identify the local needs of this cohort. We found a significant incidence (an admission every 55 days) and prevalence (11%) of mixed-gendered and culturally diverse patients with high-secure care needs. The cohort had a high prevalence of psychosis and violent offences, and relatively short length of stay. There is also an indication that the cohort was subject to more restrictive practice. A solution is proposed to meet the needs of this cohort.

A recent decision reveals how a New Zealand's disciplinary tribunal promoted justice for an unwell lawyer in a case of professional misconduct. In 2023, the Lawyers and Conveyancers Disciplinary Tribunal (LCDT) applied a 'merciful approach' when assessing the lawyer's misconduct and health issues. In [2023], the LCDT discussed the impacts of reproductive treatment in relation to the practitioner's conduct. This decision is the foundation to compare the disciplinary regime for legal and health practitioners in New Zealand. The article outlines New Zealand's framework for discipline of lawyers, noting the absence of a health pathway. The article discusses opportunities to resolve cases involving impaired lawyers outside the disciplinary system, including benefits and disadvantages of mandatory reporting. While focusing on the legal profession, the discussion is relevant to other professions and examines health-promoting regulatory strategies from other jurisdictions.

Child eyewitnesses show a high false identification rate on target-absent (TA) lineups despite good performance on target-present (TP) lineups. One explanation is that children feel a social pressure to choose when presented with a TA lineup. We investigated whether experimenter familiarity would reduce social pressure and improve accuracy on TA lineups. Children (5-7 years,  = 120) watched a short video of a staged theft; 1-2 days later they completed a TP or TA lineup with a familiar or unfamiliar experimenter. Experimenter familiarity had an impact on lineup response in TA lineups only, with more correct 'not there' and fewer 'not sure' responses when the children were familiar with the experimenter. The results provide further evidence to support the social aspect of eyewitness identification decisions in children and provide a possible strategy to improve identification accuracy for those working with children in the criminal justice system.

Non-judicial court personnel, critical to a well-functioning justice system, experience overloaded dockets and the responsibility of making significant decisions, contributing to cognitive stress. Understanding and mitigating their stress is essential for maintaining judicial efficiency. We adapted Miller and Richardson's Model of Judicial Stress to assess stress in a broad sample of non-judicial court personnel ( = 122), including judges, lawyers, and administrative staff. Participants responded to surveys about their stress levels, job performance, and health; they also completed cognitive performance tasks. The findings indicated that stress negatively affected employee outcomes including cognitive performance, job performance, job satisfaction, and health outcomes. Notably, perceived job performance had declined compared to the previous year, suggesting that the pandemic was an additional significant stressor. Based on the data, the Model of Judicial Stress is also applicable to other types of courtroom personnel, underlining its relevance across various judicial roles.

Few studies have examined the prevalence of mental illness in young people over time within the same jurisdiction. In the current study, we compared data from three large surveys of youth in custody in New South Wales, conducted in 2003, 2009 and 2015. We examined rates of mental illness, self-harm and suicidal behaviours, substance use and childhood trauma and found little consistent change over time, though some fluctuations were observed regarding certain mental illnesses and substance use. We also descriptively compared findings with observed rates for the general population and found that young people in custody showed higher levels of all examined variables. In sum, these data suggest little improvement in the well-being of young people in custody in New South Wales over time. Better identification and treatment of these issues are vital if young people are to be prevented from becoming enmeshed in the criminal justice system.

There is a spotlight on mental health, with government initiatives in Australia highlighting the importance of, and need for, greater focus on psychological wellbeing and on addressing psychosocial hazards at work. The growing body of evidence in Australia and internationally suggests that the mental health and wellbeing of lawyers is adversely affected by their work. This cross-disciplinary evidence highlights the need for mental health concerns to be addressed systemically to prevent psychosocial injury and for tailored, proactive psychological support services in the legal environment. In this article we present evidence derived from qualitative interviews with Victorian personal injury lawyers, which form part of a broader study of lawyers and mediators engaged in emotion-laden work. This study aimed to ascertain to what extent the legal system considers the emotional wellbeing and mental health needs of personal injury disputants, lawyers and mediators, identify ways to reduce stigma associated with help seeking and inform proactive prevention initiatives and tailored support services. Findings from this build on past research and continue to highlight themes around stigma, vicarious trauma and collegial support and call attention to the psychological impact of legal practice on Australian lawyers. From this, preventative measures can be developed and implemented to avoid psychosocial injury and provide much-needed specialised support services.

The interviewing of victims, witnesses and suspects is important in helping resolve criminal investigations. In Japan, developments have recently occurred in the training of the police and their public prosecutors in these key tasks. Whilst literature exists on autism in Japan, studies examining police/public prosecutor interviews with autistic adults conducted in that country (and indeed, any other) remain scant. As elsewhere in the world, identification of those who manifest characteristics prevalent on the autism spectrum disorder (ASD) scale, has been found to be problematical to criminal justice professionals. To help address this deficit in understanding, we provide an overview of the literature concerning contemporary understanding of the challenges facing autistic adults as they attempt to reveal their verbal accounts, as well as suggested techniques when interviewing adults on the ASD scale during criminal investigations, offering lessons learned from research conducted around the world that provide potentially promising solutions for Japan.

Legal sector organisations face mounting pressure to protect and promote lawyers' well-being. However, knowledge is fragmented, hindering research and practice development. Our review investigated current conceptual understanding and empirical evidence of contextual influences. We systematically mapped the global scholarly and grey literature published since 1970, reviewing 145 relevant publications. Lawyers' well-being is conceptualised primarily as , despite well-being's positive facets. Empirical consideration of work context is mostly absent, though we deduce a focus on large commercial law firm practice and public service/legal aid. Our explanatory synthesis is abductive, coalescing Bourdieu's concepts of field and habitus with Hobfoll's conservation of resources theory to explain how context influences lawyers' well-being via distinct resource losses. We urge theoretical development to elucidate the role of context and theory-driven research on the cumulative effects of resource loss and gain. Recommendations for practice include a renewed focus on job design and line management upskilling.

One reason people are motivated to hold right-wing authoritarian beliefs is the need to manage uncertainty. Right-wing authoritarianism provides a stable source of black-and-white 'answers' about the social world - obey established authorities and norms and show hostility to deviants. Right-wing authoritarianism, in turn, is positively associated with more punitive attitudes and judgements. The purpose of this study was to examine the relationship between mock capital jurors' need for cognitive closure and sentencing decisions through right-wing authoritarianism. Four-hundred and fifty-one jury-eligible adults read a hypothetical capital case, weighed aggravating and mitigating evidence and chose a sentence. They also responded to items measuring right-wing authoritarianism and the need for cognitive closure. The need for cognitive closure was indirectly related to choosing a death sentence through right-wing authoritarianism and the weighing of aggravators and mitigators. Theoretical and practical implications, as well as directions for future studies, are discussed.

This article explores the stress, vicarious trauma, and burnout experienced by judicial officers and their need for protective skills. Compassion is one skill that can be incredibly beneficial. Compassion involves recognising a person's suffering, and 'turning towards' the sufferer. This has been said to be 'neurologically rejuvenating'. In contrast, empathy alone can lead to distress and generate burnout. There are three pillars of compassionate practice: (1) procedural fairness; (2) judicial engagement; and (3) other therapeutic jurisprudence approaches and court programs. The authors, both experienced judicial officers, have experienced how compassionate practice can inspire offenders to achieve rehabilitation goals. These practices can also be implemented in traditional court lists by judicial officers acknowledging the possibility of suffering of court users and empowering them by judicial engagement and granting them agency. A compassionate approach to justice can improve judicial effectiveness, health, and the fostering of a healthy work environment.

Police negotiators respond to crisis and high-risk situations including mental health crises, but little is known about the nature, frequency and characteristics of these events. This systematic review examined literature about mental disorder and suicidality prevalence in negotiation events from peer-reviewed articles published within the last 20 years. Of 1455 articles identified, 11 met study inclusion criteria. Most contributed only indirect evidence using data on fatal police encounters, case reviews and analysis of communication techniques. Reliable prevalence estimates were not found, though findings suggest suicidality was a precipitating factor in more than half of events and was present during most events. Mental disorder (primarily substance use, mood and psychotic disorders) was also identified as a significant factor prior to and during events. Few articles described frequency or characteristics of these critical events. Further research is needed to inform frontline responses, resourcing and support pathways for police providing this crucial service.

Lawyers experience disproportionately high levels of poor mental health outcomes compared to other professions. This persistent problem can be explained, at least in part, by the fact that current initiatives are not adequately addressing the impact of trauma (from clients and lawyers). The legal profession is yet to embrace trauma-informed practice in the same way other human services have. In this qualitative study, 6 lawyers from Legal Aid describe what trauma-informed practice would ideally look like in their workplace. Many of the recommendations made by the participants such as training for staff, reduction in workloads, mental health leave, supervision, reflective practice, and debriefing are echoed in the literature. However, participants added valuable details about what service provision for clients, and the role of managers in bringing about change. The study provides employers with practical strategies to implement trauma-informed practice and manage the impact of trauma on their lawyers.

The high prevalence of psychiatric symptoms among juvenile delinquents is a well-replicated international finding. This study aimed to find the prevalence of mood disorders and their relationship with serious criminal acts in a population of adolescents in conflict with the law and in custody. A total of 123 male inmates aged 14 to 17 years were interviewed and assessed. Mood disorders were diagnosed in 15% of the sample for current episode and 31% for lifetime, making them third most prevalent after dependence disorders and disruptive disorders. The psychopathological profile of the adolescents who had committed violent crimes corroborates other studies reporting a high prevalence of mood disorders in this population. Several factors have been found to influence the formation of juvenile delinquency, including absence of family structure, social inequality, lack of quality school education, alcohol and drug abuse/addiction and disruptive disorders. The present results confirm mood disorders as another such factor.

The current article provides a contemporary review of the best practices for interviewing older adults about crimes they witnessed or experienced. Specifically, we provide a detailed overview of how investigators can use a range of interviewing adaptations and procedures to acquire detailed and accurate maltreatment disclosures from older adults. In addition to discussing well-established investigative interviewing practices (e.g. rapport building, free-recall, cognitive instructions and prompts), this article also summarizes more recent literature on the benefits of multidisciplinary investigations, use of assistive technology and interview accommodations, along with effective practices for working with minority and marginalized older adults. Lastly, several research, professional and policy recommendations are provided for supporting older adults during investigative interviews.

Penal attitudes represent how people justify punishment assigned to offenders or what they perceive punishment's function to be. The purpose of this study is to adapt the Penal Attitudes Scale (PENAS) for use in Turkey in Turkish and to test the resultant psychometric properties of the translated scale. For adaptation, a translation/back-translation method was applied. Respondents ( = 389) voluntarily participated in this study and completed the PENAS, Moral Foundations Questionnaire and Perceptions Toward Criminals Scale. The results of exploratory and confirmatory factor analyses showed that the six-structure PENAS is reliable and valid in the Turkish sample. Finally, the penal attitudes scale demonstrated good construct validity, showing statistically significant correlations with moral foundations and perceptions about the morality and social networks of criminals. Ultimately, the PENAS is a reliable, valid and highly useful instrument for the Turkish population.

Many psychiatrists in Turkey participate in evaluating health board reports regarding gun licensing in their daily practice. There is no relevant study on the experiences of psychiatrists in this process. In addition, there is no other country where psychiatrists participate in the gun licensing process as in Turkey. In this context, the psychiatrists' relevant experiences, their views on their roles in this process and their understanding of the ethical dimension are considered important issues. To investigate the experiences of psychiatrists, a qualitative study has been conducted. The study included 19 psychiatrists who actively participated in evaluating gun license reports. Taking part in the gun license report process for psychiatrists is a highly challenging experience professionally, morally and emotionally. Psychiatrists resort to various functional and dysfunctional strategies to address problems in this process. However, there are structural and general solutions suggested for the future.