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The essay studies the introduction and use of audio-visual media in contemporary Swedish courtroom praxis and how this affects social interaction and the constitution of judicial space. The background to the study is the increasing use of video technology in law courts during the last decennium, and in particular the reformed trial code regulating court proceedings introduced in Sweden in 2008. The reform is called A Modern Trial (En modernare rättegång, Proposition 2004/05:131). An important innovation is that testimonies in lower level court proceedings now are video recorded and, in case of an appeal trial, then are screened in the appellate court. The study of social interaction and the constitution of judicial space in the essay is based in part on an ethnographic study of the Stockholm appellate court (Svea hovrätt) conducted in the fall 2010; in part on a study of the preparatory works to the legal reform; and in part on research on how media technology affects social interaction and the constitution of space and place.

The purpose of this paper is to discuss the legal barriers to termination of an insurance arrangement where there is suspicion of money laundering when paying insurance premiums.

Trials in court between insurance firm and outlaw biker gangs regarding insurance of their clubhouses.

Protection of insured seems more important than prevention of money laundering.

This is a case study that cannot be generalized.

Anti money laundering is difficult when competing with other considerations.

Accusations of money laundering is not sufficient to terminate an insurance contract. Rather, solid evidence is needed.

This is a real case of failing anti-money laundering efforts.

The purpose of this paper is to investigate the influence of question type (open-ended, prompted, reverse order and chronological order recall) on children’s ability to maintain a truth or a lie in a two-part mock-courtroom study.

In total, 96 children (M _age=131.00 months) between 9 and 12 years of age were asked to testify about an interaction with a research assistant the week prior. They were assigned to one of four conditions (true/false×assertion/denial).

Results indicate that question type has an influence on children’s ability to maintain their condition. Results also indicate that regardless of question type, children have difficulty recalling information sequentially.

Implications of the current research support the use of various question types, including increasing the cognitive load demands, when interviewing children.

To date, this is the first study to investigate the use of reverse order questioning in a courtroom study with children.

The purpose of this paper is to review the impact of a new, brief forensic rotation for general psychiatry residents on the variety of residents’ forensic exposures.

The authors surveyed residents who trained before and after the implementation of the new rotation to assess the impact of the rotation on the residents’ forensic experiences during training across a variety of domains.

Even in a highly clinical forensic setting, residents participating in the required rotation reported significantly greater variety of forensic experiences than those who had not completed the required rotation, including types of settings and assessments, Rotation completers reported greater exposure to various types of settings and assessments, and courtroom-related experiences, as well as the overall number of forensic exposures. The two groups did not differ in their forensic exposures in general psychiatry settings, civil-forensic evaluations or diverse forensic populations. Secondary analyses showed that increased exposure to court-based experiences and multiple forensic settings was associated with forensic fellowship interest.

This study demonstrates that a brief, mandatory forensic clinical rotation may increase residents’ exposure to forensic settings, assessments and courtroom-related experiences and that increased exposure to courtroom-based experiences in particular may increase interest in forensic fellowship. While not surprising, the results demonstrate that residents were not otherwise having these forensic experiences and that even time-limited forensic rotations can enhance the breadth of residents’ forensic exposures. Further, the rotation achieved these outcomes without using typical forensic sites but instead highly clinical sites, which may be particularly encouraging to residency programs without ready access to classic forensic rotation sites. This study contributes to the small but expanding body of the literature describing the value of increasing psychiatry residents’ training in clinical forensic psychiatry.

This paper's aim is to examine the interaction between an intermediary, a vulnerable defendant and barristers and the judge in a courtroom. The paper seeks to consider how the communication needs of vulnerable defendants, such as those with learning disabilities, should be addressed in the criminal justice system.

The paper considers the legal landscape for dealing with vulnerable defendants. A case example and court and police interview transcripts are then used to illustrate some of the communication needs of vulnerable people in the criminal justice system.

The paper highlights the complexities of the language that is used by lawyers in the courtroom and the difficulties that this can cause for a vulnerable defendant. Additionally, this paper reveals the difficulties that the police caution can present to a vulnerable suspect in custody.

Vulnerable witnesses or defendants may be disadvantaged in understanding questions and the implications of answers that they provide in a courtroom or in attendance at a police station. The criminal justice system should support these individuals and provide guidance and training to professionals. The author identifies a need for more research in this area.

This is one of the first published papers to examine the interaction between an intermediary, a vulnerable defendant and barristers and the judge in the courtroom. The paper considers how the communication needs of vulnerable defendants should be addressed in the criminal justice system.

This chapter examines how opponents of same-sex marriage have used rights discourse to construct an identity of themselves as victims, and construct gays and lesbians as deviant “others.” I find that conservative rights discourse has been more effective outside the courtroom than in it. This is because these arguments rely on implicit discriminatory stereotypes which are frequently exposed under the scrutiny of dispassionate judicial actors. However, in a popular arena, they are free to operate with considerably less scrutiny. Here, rights discourse is used to mask discriminatory stereotypes and lend legitimacy to positions that would be rejected if made explicitly.

Various law and film scholars have noted that the judge occupies the place of a marginal figure in ‘legal cinema’ and in related scholarship. In this chapter I want to engage with the debate about the representation of the judge in film by way of an examination of a South African documentary, ‘Two Moms: A family portrait’ (2004). In the first instance this ‘family portrait’ appears to be neither an obvious candidate for inclusion in the canon of ‘legal cinema’ nor a film with a plotline dominated by a judge. But from this rather unpromising start this chapter explores how a film about an ordinary family made up of extraordinary people is an extraordinary film about law in general and about the figure of the judge in particular.

Purpose – To assess how well varied policy initiatives address rape survivors’ difficulties participating in criminal prosecution.

Method – The evaluation takes a victim-centered perspective, rejecting the assumption that retraumatization is a necessary or inevitable by-product of prosecution. It accepts decision-making powers granted to law enforcement and prosecution practitioners to “found,” charge, prosecute, and plead cases, but questions the means adopted to achieve immediate goals. The evaluation considers legislative, procedural, and extra-criminal proposals such as restorative justice (RJ) conferencing and prosecutorial behavior modification. The evaluation draws on empirical investigations of case attrition, law enforcement, and prosecutorial decision-making, interorganizational collaboration in case processing, RJ, and survivors’ experiences with criminal prosecution.

Findings – Many of rape survivors’ difficulties with criminal prosecution stem from legal actors’ lack of knowledge about survivors’ purposes for participation and strategies to maintain ownership of a conflict that has been appropriated by prosecution, the conflicts survivors’ preexisting social relations pose, how lack of information about and experience with courtroom roles and norms produces anxiety and defensive behavioral strategies, and how survivors interpret and experience inconsistent messages about their role in and power over prosecution. The criminal justice process can directly reduce the causes of retraumatization and achieve procedural justice in ways that have positive implications for better substantive outcomes.

Practical implications – Instituting practices accommodating users’ behavioral orientations should increase the perception that reporting and prosecuting are viable options. Following Taslitz (1999), improving the effectiveness of rape survivors’ communication will increase gender equity generally.

Language use is a highly controversial issue in the United States (Schmidt, 2000). Among all the linguistic access issues (e.g., bilingual education, multilingual ballots), however, the issue of access to justice is probably the least contentious. Most people in the United States seem to agree and appreciate the fact that access to justice premises on the ability of court users to understand the process in which they participate. The integrity of the legal process, particularly for the common law system (like the American legal system), which features an adversarial trial process, would be compromised if litigants were unable to communicate with or understand the judge, witnesses, or opposing parties or counsel. The guiding theory behind the common law is that adversarial trials set up two or more parties to be in conflict with one another in a zero-sum game; it is therefore important for all participating parties to be on equal footing (Thibaut & Walker, 1975).