In exchange for granting inventors a limited monopoly, the patent laws require inventors to “enable” the public to make and use their invention. In Liebel-Flarsheim Co. v. Medrad, Inc., Automotive Technologies International, Inc. v. BMW of North America, Inc., and Sitrick v. Dreamworks, L.L.C., the Federal Circuit made it far easier to show that patents [...]
|
||||||
|
Video from the Markman Hearings presentation has been uploaded. You can watch the presentation and download the materials at [...] In exchange for granting inventors a limited monopoly, the patent laws require inventors to “enable” the public to make and use their invention. In Liebel-Flarsheim Co. v. Medrad, Inc., Automotive Technologies International, Inc. v. BMW of North America, Inc., [...]
Abstract
This study examined whether a cognitive interview (CI) can counteract the effects of suggestive interviews involving forced
fabrication. College students witnessed a filmed event and were later forced to fabricate answers to misleading questions about the event. All witnesses were interviewed with a non-leading CI or free recall (FR) either before or after the forced fabrication phase. A week later participants completed a recognition and source monitoring (SM) test of video content. Relative to FR, the CI administered before the forced fabrication interview increased reports of correct details and reduced false assents to fabricated items. A CI after resulted in false memory rates comparable to the FR group. Early interviews using CI techniques may protect against memory loss and misinformation effects.
Abstract Two laboratory studies with 332 student participants investigated secondary confessions (provided by an informant instead
of the suspect). Participants allegedly caused or witnessed a simulated computer crash, then were asked to give primary or secondary confessions during interrogation. Study 1 replicated the false evidence effect for primary confessions. Secondary confessions were obtained at a high rate, which was increased by false evidence in combination with incentive to confess. In Study 2 a confederate either confessed to or denied crashing the computer. Incentive increased the rate of secondary confession only in the presence of a denial; that is, incentive increased the number of false secondary confessions only. Implications for the use of incentives during informant interrogation are discussed.
Abstract Knowledge of group tendencies may not assist accurate predictions in the individual case. This has importance for forensic
decision making and for the assessment tools routinely applied in forensic evaluations. In this article, we applied Monte Carlo methods to examine diagnostic agreement with different levels of inter-rater agreement given the distributional characteristics of PCL-R scores. Diagnostic agreement and score agreement were substantially less than expected. In addition, we examined the confidence intervals associated with individual predictions of violent recidivism. On the basis of empirical findings, statistical theory, and logic, we conclude that predictions of future offending cannot be achieved in the individual case with any degree of confidence. We discuss the problems identified in relation to the PCL-R in terms of the broader relevance to all instruments used in forensic decision making.
|
||||||
|
|
||||||