Eyewitness Testimony Research Articles

The semantic structure of accuracy in eyewitness testimony.

In two studies, we examined if correct and incorrect statements in eyewitness testimony differed in semantic content. Testimony statements were obtained from participants who watched staged crime films and were interviewed as eyewitnesses. We analyzed the latent semantic representations of these statements using LSA and BERT. Study 1 showed that the semantic space of correct statements differed from incorrect statements; correct statements were more closely related to a dominance semantic representation, whereas incorrect statements were more closely related to a communion semantic representation. Study 2 only partially replicated these findings, but a mega-analysis of the two datasets showed different semantic representations for correct and incorrect statements, with incorrect statements more closely related to representations of communion and abstractness. Given the critical role of eyewitness testimony in the legal context, and the generally low ability of fact-finders to estimate the accuracy of witness statements, our results strongly call for further research on semantic content in correct and incorrect testimony statements.

The Law and Science of Eyewitness Evidence

Eyewitness testimony is heavily reliant on their memory and visual perception, both of which are highly prone to error. Eyewitness memory's propensity for error has long been shown in instances of wrongful conviction. Currently, decades of scientific studies on memory and visual perception have shown important error sources and strategies for enhancing eyewitness accuracy. Similar to a few other legal fields, eyewitness testimony that involves experimentation in the identification process lends itself to scientific study. Consequently, eyewitness testimony has evolved into a test bed for applying science to legal interpretation. This article looks at the responses given to this corpus of research by legal players, including state and federal courts, state legislators, and law enforcement organisations. Although decisions from the Supreme Court have established a constitutional floor, we discover that this largely does not inform first-hand evidence-based law. As we document in a comprehensive fifty-state survey of rulings, state courts have increasingly used eyewitness memory science to reduce misidentifications. In our second examination, we look at what more state legislators have accomplished by examining the twenty-four state statutes that govern the process of eyewitness identification. Third, law enforcement organisations have embraced updated identification procedures, notably through the adoption of a model policy by twenty-nine states.

Injustice, Corruption, and Partisanship in the Eastern Seljuq Lands of the Early Twelfth Century: al-Ghazālī’s Persian Letters to Viziers as a Historical Source

Abstract This article analyses five historical missives written by the great theologian Abū Ḥāmid al-Ghazālī to three Seljuq viziers, and datable to the years 490/1097 to 504/1110 f. The first four of these letters form a progressive series complaining of governmental corruption in Ṭūs during the Seljuq civil war around the turn of the sixth/twelfth century, and thus provide the sole extant eyewitness testimony from Khurāsān during the last five years of the Seljuq civil war period. They also reveal al-Ghazālī’s vision of just rule far more concretely than do al-Ghazālī’s numerous theoretical writings on the subject. The fifth letter, written after the civil war had ended, explores the problem of intra-Sunni madhhab-based religious partisanship (taʿaṣṣub), and also incidentally reveals important biographical information about al-Ghazālī. All five of these letters constitute unique eyewitness testimony to some of the major political and social problems of the Seljuq period.

From “Natural Institution” to Poetic Genre: Literary Testimony and the Issues of Witnessing in Verse

Abstract This article examines the relationship between poetry and testimony in order to outline a viable framework for interpreting testimonial poetry (or “poetry of witness,” in Carolyn Forché’s terms) as a literary genre in its own right. Neglected in favor of other, mimetically oriented modes of witnessing, especially those in narrative fiction and documentary prose, testimonial poetry has not been extensively studied, and when it has, the studies were often based on inadequate notions of testimony that fail to recognize witnessing as a broader social and linguistic practice. Relying on the sociological approach to eyewitness testimony developed by Renaud Dulong (notably in Le témoin oculaire [1998]), this article proposes a new understanding of poetic testimony, based neither on an overly broad notion of witnessing as living through an event or era, nor on a narrow understanding of witnessing as providing a faithful documentary account of a personal experience. Much like its prose counterpart, poetic testimony enacts a quasi-contractual relationship between authors and readers, whereby the former are committed to telling the truth about a directly experienced event of public importance and the latter, in return, are committed to considering seriously their words, approaching them in good faith. This relationship is driven by an underlying ethical imperative whereby the author acts as a moral witness in Avishai Margalit's sense of the term, and the readers assume the role of a moral community sympathetic to their plight. By referencing examples from American, Hungarian, Russian, French, Polish, and South Slavic twentieth-century poetry, the article shows how a “testimonial” reading of a poem, often very strongly favored on intuitive grounds, modifies generic expectations based on traditional poetic genres and explores its interpretative and ethical implications.

„… sie seÿ nicht from.“ – Das Böse in den Hexenprozessen des Schäßburger Stuhls im 17. und 18. Jahrhundert

Abstract There has been no in-depth research into witches and witchcraft trials on Transylvanian Fundus regius for over 50 years. The most recent contributions on the subject either examined the language of the relatively abundant surviving witness testimonies or were content with putting the Transylvanian witchcraft trials in the European mainstream context of the modern era. This paper analyses the published documents of the witchcraft trials of the Sighișoara Seat from the point of view of “dealing” with evil. Starting from the mentality and the state of the theological debate of the time, it focuses on the historical context and the social environment in order to recognize attitudes and strategies of the actors in the process of dealing with evil within the local community.

Институты соционормативной культуры балкарцев в деятельности судебных учреждений Нальчикского округа в последней трети XIX века: проблемы регулирования имущественных отношений

The article considers some problems of regulation of property relations of institutions of soci-onormative culture of Balkars in the activities of judicial institutions of the Nalchik district in the last third of the XIX century. These issues are considered on the example of disputes in the Nal-chik Mountain verbal and mediation (mediation) courts over ownership of things and real estate, ownership of land plots, loss of crops, claims for missing cattle and disputes related to inheritance and payment of kalym. Attention is drawn to the peculiarities of the involvement of witnesses in the proceedings, as the basis for the formation of the evidence base. The features of the appoint-ment of material compensation for property offenses are considered. The specifics of document-ing various forms of property relations among Balkars in the last third of the XIX century have been studied. The role of mediation (mediation) courts in resolving property disputes among the Balkars at the time under consideration is shown. It has been established that the customary law of the Balkars and Sharia were effectively applied in resolving property disputes based on some tra-ditional mechanisms: the use of witness testimony as the basis of evidence, the appointment of material compensation (fines) as a measure of responsibility for property offenses, the transfer of complex issues to the court of intermediaries, etc.

Separate Aspects of Evidentiary Basis Formation During the Investigation of Facts Related to Collaborationism

The Article Purpose is to outline separate aspects of forming the evidentiary basis during the investigation of facts related to collaborationism, identify challenges, and determine ways to address them. To fulfil this goal, general scientific and specialized scientific methods have been applied. It is emphasized that the formation of the evidentiary basis during pre-trial investigation of collaboration crimes depends on the availability of witness and eyewitness testimony, the identification of which is a leading task of the investigation involving the use of various measures (i.e., government and local self-government bodies obtain information about these people and suspects or temporarily access property and documents as envisaged by law). The paper stresses that the task of investigators in investigating this type of crime is to identify private individuals, representatives of volunteer movements, or community organizations who have documented crimes associated with collaborationist activities, and to acquire information they have documented. Answers to questions arising during pre-trial investigation are contained in the expert conclusion (as a significant component of the evidentiary basis) because it is within the expert conclusion that a forensic expert provides information that he/she identified during the investigation and utilizes specific expertise that the investigator may not have possessed.

Norske politistudenters kunnskap om øyenvitners pålitelighet: en preliminær undersøkelse

To minimise errors linked to witness statements in criminal cases, it is crucial that justice system participants possess knowledge about the factors affecting eyewitness reliability. Previous research has explored the understanding of eyewitness factors among Norwegian judges, psychologists, jury members and civilians. However, no studies have examined such knowledge among police professionals, who are responsible for collecting and safeguarding evidence obtained from witnesses. Therefore, this study aims to examine the extent of knowledge about eyewitness factors among Norwegian police students. A group of 54 police students from the Norwegian Police University College in Stavern and Bodø completed an electronic questionnaire containing statements related to various eyewitness factors. The results showed that, on average, the police students accurately responded to 80.7% of the statements. This level of knowledge is higher than that observed among judges, psychologists and jury members in Norway and among police officers in other countries. Additionally, third-year students demonstrated a higher level of knowledge compared to their first-year counterparts, which could suggest that the educational curriculum offered at the Norwegian Police University College is effective in enhancing knowledge levels. The study has some limitations, however, and the results should be interpreted with caution until further research is conducted. Keywords: police education, eyewitness psychology, eyewitness testimony, legal safeguards, reliability

Role Of Visum Et Revertum And Provision In The Process Of Civil Action And Proposal Of Coveration (Study Resolution Number 50/Pid.Sus-Kids/2023/Pt Medan)

Proof is the most important thing in the judicial process, it is used to find the material truth that is the complete truth of a criminal case. In proof there are various means of proof such as testimony of witnesses, expert testimonies, letters, instructions, and indictments of the accused. In criminal acts of persecution, asylum, and murder, visum et repertum is often used as a means of proof in its proof. The study aims to identify and analyze the role of visum et repertum (ver) in the proof of a criminal offence under the Code of Criminal Procedure Law (KUHAP), and the function of visa et repertrum (ver), in the study of judgment No. 50/pid.sus-anak/2023/pt field). This research includes a type of normative jurisprudence that is supported by empirical research to obtain accurate or valid data. Based on the research carried out on the case study of judgment No. 50/PID.SUS-ANAK/2023/PT MEDAN) No.1267/ PID/B/2010/PN.JKT.BAR, it is a legal proof tool that has a connection to the judge in particular in decision-making. Nevertheless, the judge is free to judge the truth contained in the evidence of a letter issued by such an expert. Therefore, in deciding a matter, return to the judge himself, which is to be based on the reasoning and consideration of the law. Furthermore, as one of the means of proof referred to in article 184, paragraph (1) of the Covenant, the visa et repertum shall be the discretion of the judge and shall be used as a guideline or as a grip in delivering a sentence against the offender. For in the testimony of the expert, the testimony of the judiciary called Visum et repertum, so clearly described what really is the cause of a crime, whether it is persecution, serious injuries if resulting in death.

Responding to the danger of wrongful conviction for historical sexual abuse: A case for resurrecting abuse of process for delay?

This article examines the potential risk of wrongful conviction for defendants facing historical sexual abuse charges where there is substantial delay. This risk arises from problems with truth-finding based on witness testimony, challenges posed by missing evidence and the increasing erosion of procedural safeguards. This article considers two recent proposals for reform, including first, whether the Court of Appeal should be more prepared to revisit the factual basis of decisions in historical sexual offence appeals; or second, whether there is a need to strengthen procedural safeguards at trial through the doctrine of abuse of process for delay. This article concludes that, whilst there would be advantages to broadening the grounds for appeal, the criminal courts should be more prepared to stay substantially delayed claims for abuse of process where there is missing evidence. The current approach has the potential to be unfair and fails to protect those defendants who are most disadvantaged by delayed claims.

Prinuditel'naya migratsiya tsygan v Zapadnuyu Sibir' v 1933 g. kak element gosudarstvennoy politiki osvoeniya Severa

The history of the forced migration of Roma in 1933 from Moscow and the Moscow region to Western Siberia and their life in the conditions of a labor settlement was reconstructed. The study was carried out on the basis of correlating the published archival sources identified by the author with memories and testimonies of eyewitnesses and participants in the events recorded in the 1990s - early 2000s. It is shown that the deportation of the Roma to Western Siberia in 1933, despite its ethnic nature, does not fit into the typology of forced ethnic migrations, the “core and defining elements” of which are the total migrations of the “punished peoples.” It is also incorrect to consider that the reason for the deportation of the Roma to Siberia was the recognition of them as a socially harmful and intolerant ethnic group due to their nomadic lifestyle, closed nature, uncontrollability and criminality. It is concluded that the deportation of the Roma to Western Siberia in 1933 should be considered not as a targeted anti-Roma action, but as a failed attempt at forced settlement in the context of general state actions aimed at developing the northern and eastern regions of the country.

HONOUR KILLING AND CRIMINAL JUSTICE SYSTEM IN PAKISTAN

This article examines the factors that contribute to gender inequality and violence against women in Punjab, Pakistan. It focuses on District Gujranwala and examines patriarchal power structures, cultural norms, and restrictive gender roles. The article analyzes court decisions in District Gujranwala from 2012 to 2023, which show a high number of acquittals, mostly because of retracted eyewitness testimony. We argue that despite statutory reforms, there exists an over-reliance on visual evidence that undermines justice. We suggest that a comprehensive policy is needed that challenges cultural norms, advances gender equality, fortifies legal frameworks, and reforms investigation and prosecution techniques to effectively prevent honour killings and increase conviction rates.

Exhumations of Polish Soldiers in Lithuania: History and Methods of Research

The article describes the search for the remains of Polish soldiers in Lithuania from 1992 to the present day, and presents how such research has evolved, and what archaeological research methodology is used. The involvement of specialists from different institutions and disciplines in such searches is discussed. Although the article deals with the search for the remains of all Polish soldiers who died in the course of the 20th century conflicts in general, it is notable that the most numerous part of them is made up of the soldiers of Armia Krajowa. The main data available for such searches is the testimonies of live witnesses, supplemented and refined by archaeological and anthropological research. The methodology of such research is still being shaped on a case-by-case basis, so it is important to review and familiarise oneself with researches that has been carried out and cases of (un)successes, as this may help to plan further, more productive research and searches for individuals from this period in the future.

Police Discretion in Criminal Cases of Abuse by Minors with the Application of Diversion Restorative Justice

<em>The objective of this investigation is to analyze the utilization of prudence in the manifestation of restorative justice in solving cases of persecution and to analyze from the perspective of legal sociology the practice of implementing restorative justice in handling cases of abuse. This thesis uses a legal sociology approach with data collection techniques by observation, interviews, and documentation. Factors that led to the crime of persecution: ego factors, economic factors and environmental factors. In cases of abuse, if there are 2 pieces of evidence, namely the statements of 2 witnesses and a post-mortem examination, then the most likely thing is to reduce the evidence, namely witness testimony, so that the witness who has been questioned must withdraw the statement and carry out a special case title to stop the case to determine SP3. The role of Bhabinkamtibmas in restorative justice is as a mediator or facilitator. Bhabinkamtibmas acts as a mediator in solving problems to reduce larger conflicts. Before holding the meeting, Bhabinkamtibmas first accommodated the aspirations of perpetrators and victims who did not want their cases to be processed legally. Bhabinkamtibmas then, together with community leaders, studied the habits of the perpetrators and saw whether this incident could still be repaired. If it can still be repaired, the parties are brought together and followed by deliberations to reach a consensus. Related to the causes of mistreatment of husbands against wives starting from the issue of biological needs, infidelity and economic problems. The positive effects of carrying out mediation for mild abuse by a husband against his wife are Improved husband's behaviour; The creation of household harmony; Re-communication of both sides; Providing a sense of justice to both parties; and settlement of legal issues more quickly and cheaply.</em>

Problematika Penegakan Hukum Kasus Pembunuhan Berencana di Indonesia: Studi Kasus Pembunuhan Berencana Kopi Sianida oleh Jessica Wongso terhadap Mirna Salihin

This research was conducted to look at the problems of law enforcement in Indonesia in the case of the premeditated murder of Wayan Mirna Salihin. Whether the judge's decision has provided justice that is as fair as possible to the victim and perpetrator, the evidence presented at the trial does not comply with procedures in accordance with the Criminal Code, the emergence of the films Ice Cold Murder, Coffee and Jessica Wongso has made the public less confident in the law in Indonesia. It is necessary to examine the role of the forensic autopsy in uncovering this case, the discovery of cyanide in Mirna's stomach, which is very strong evidence to prove that the cause of Mirna's death was poisoning by her friend Jessica Wongso. Research methods used used in this research is normative legal research, research using a problem approach, namely judicial case study by approaching the Mirna Salihin premeditated murder case, by examining the judge's decision which resulted in Jessica Wongso being convicted, by conducting this research uncovering the irregularities that occurred in This murder case creates a conflict of interest that cannot be resolved. Jessica Kumala Wongso has been convicted of violating Article 340 of the Criminal Code, namely premeditated murder. In the results of the examination, experts said that a complete autopsy must be carried out for human deaths due to poison. The expert concluded that the cause of WAYAN MIRNA SALIHIN's death was cyanide, especially since 0.2 mg/liter of cyanide was found in the stomach. The judge's decision regarding the premeditated murder of Mirna Salihin did not have any valid and strong evidence at all, starting from the testimony of witnesses who did not there was someone who saw Jessica put poison in the coffee that Mirna was drinking, then the expert's testimony in the examination was not perfect, one of which was that the autopsy did not comply with proper procedures, as well as evidence, such as CCTV which was not original and contrary to regulations. KAPOLRI No. 10 of 2009, as well as the defendant's statement that it never occurred to him to kill his own friend.

Assessment Of Witness Testimonials As Evidence In Civil Cases

The purpose of this study is to investigate and explain the judge's judgment of witness testimony as evidence in the judge's decision. The study employed a normative legal research technique with primary legal sources. In accordance to the author, this judge's reasoning is incorrect due to the fact that there is an oral agreement between the plaintiff and the defendant, which is confirmed by testimony from witnesses and expert witnesses, it cannot be classified as a breach of contract because it does not meet the requirements set forth in Article 58 of the Indonesian Civil Code. The rules and regulations of Article 58 of the Indonesian Civil Code are coercive legal provisions (dwingend recht). Article 58 of the Indonesian Civil Code contains three conditions: 1. The vows of marriage must be registered in the civil registry; 2. Civil registration officials must declare the marriage plans on the notice board; and 3. Claims/lawsuits must be filed within 18 months of the marriage announcement. The judge's assessment that the defendant had broken his vow was incorrect. As a result, the participation of the witness in providing information in collaboration with other witnesses cannot be used to prove the marriage commitment.

Fair Legal Measures: Addressing Cybercrime Through a Juridical Lenss in Cases of Online Fraud

The widespread misuse of information technology is deeply concerning to society due to the prevalence of cybercrime. Cybercrime is a violation of the law by using social networks or the internet as a means of crime, obtaining data illegally, taking advantage and enriching oneself. Online selling business is one of several possibilities for online fraud. This research examines decision number 177/Pid.Sus/2021/PN Smn, specifically focusing on the application of Article 45A paragraph (1) in conjunction with Article 28 paragraph 1 of Law No. 19/2016. This study aims to determine the judge's consideration based on the above decision and the application of sanctions in accordance or not with the relevant article. The source is secondary data using research that is basically doctrinal or normative, case and legislative approaches. The defendant, Juari alias Johan Bin Djun Hie, has been legally found to meet the requirements outlined in the mentioned article of the decision. The panel of judges considered the facts presented, the prosecutor's indictment, the defendant's statement, the testimony of witnesses, and the submitted evidence when deciding on the case. The application of the witnesses is in accordance with the Article mentioned. The Defendant is subject to a maximum prison sentence of 6 years and/or a maximum fine of Rp. 1,000,000,000.00. The legal system must adapt to technological advancements to maintain its efficacy in enforcing the law. Lastly, ongoing crime prevention efforts involve a holistic approach, including public education, cyber security infrastructure development, and collaboration between public and private sectors. This multifaceted approach is essential for the legal system to effectively address the challenges posed by cybercrime in the digital era.

Shmal’tsovniki: Bounty Hunters in World War II Galicia, 1941–1944

Abstract Among the most notorious forms of collaboration with the German occupation of District Galicia were the so-called shmal’tsovniki (szmalcownicy) or marodëry (profiteers), bounty hunters who betrayed Jews to the German police for cash rewards, apartments, food, and a host of other incentives. In this study of post-Soviet Russian, Ukrainian, German, Israeli, and Polish sources, the author has traced the nefarious roles these local collaborators played in the Holocaust. He has endeavored to outline the political economy of genocide in Galicia, tracing the transformation of relations among neighbors into a predatory hunt for Jewish men, women, and children who had been driven into hiding to escape persecution and genocide. Archival documents and eyewitness testimonies reveal that bounty hunters preyed not just on Jews, but also on so-called Righteous Gentiles, typically well-meaning Poles or Ukrainians whose acts of kindness were sometimes turned against them in the morally inverted world of the German occupation. In this way, the German occupation authorities generated a mass culture of fear and suspicion that facilitated the rounding up and liquidation of remaining Jews.

Witness testimony from a psychological aspect

Witness testimony from a psychological aspect

Should the European Court of Human Rights Treat the Anonymous and the Absent Witness Equally? The Application of the Same Three-Step Test

The ‘right to (cross)-examination’ is regulated in Article 6(3)(d) of the European Convention on Human Rights (ECHR). However, this right is not absolute and can, under circumstances, be limited. This is notably the case when evidence given by anonymous or absent witnesses is presented in court.
 In the prominent Al-Khawaja and Tahery judgement, the European Court of Human Rights (ECtHR) listed three principal requirements which was later called the three-step test for the admissibility of testimonies of absent witnesses. Although the situation generated by the admission as evidence of testimonies by absent witnesses and by anonymous witnesses differs, the ECtHR appears to have gradually applied the same test to both types of testimonies to assess whether their admissibility violates the defence rights under Article 6(3)(d) ECHR.
 Even though the three-step test is important, the ECtHR has contradictory judgments on the admissibility of evidence by absent and anonymous witnesses. This study will thus analyse and evaluate this judicially-created test by discussing the differences between anonymous and absent witnesses.