Hearing Testimony Research Articles

Is Justice Possible in Russian Courts? A Case Study of Housing Disputes

How do Russian judges go about achieving justice? This question is explored through a case study of disputes initiated by vulnerable (often elderly) actors who seek to invalidate contracts for the sale of their residences on the grounds that they were tricked or duped. The analysis is grounded in a set of ninety recent judicial opinions from courts across Russia. It reveals that, despite a longstanding distaste for witnesses, judges are open to hearing testimony in these cases. But they rarely rely on such evidence in making their decisions, preferring instead to prioritize documentary evidence. Doing so revealed that Russian judges’ understanding of justice is primarily procedural. Their preference for documentary evidence allowed them to meet the quick turnaround times mandated by the procedural codes. This, in turn, served judges’ career interests by allowing them to compile a track record that makes them strong candidates for promotion.

The biasing nature of gang evidence: inducing memory errors for evidence of past criminal behavior

ABSTRACT Two experiments were conducted to examine the effects of introducing gang evidence on jurors’ memory of the evidence and decision-making. In Experiment 1, 234 participants viewed a staged trial. The evidence against the defendant was weak and consisted of a single tentative eyewitness identification. Half of the participants viewed a version of the trial in which the defendant was described as a dangerous gang member, and half viewed the trial with no mention of gangs. Those who heard the gang testimony were significantly more likely to falsely recall hearing evidence that was never presented describing the defendant’s previous criminal conduct and convictions for similar crimes. The second experiment (N = 328) was conducted online to secure a more diverse national sample. The results replicated, as those in the gang condition were significantly more likely to falsely remember hearing testimony about the defendant’s criminal history and to find the defendant guilty.

Children’s selective information transmission in STEM and non-STEM domains

Two studies examined what information American children ages 4–6 (n = 120; 56 boys; 64 girls; 81% White) transmit to a naïve listener after hearing testimony from previously accurate and inaccurate informants. The informants provided conflicting information in four domains (physical science, life science, mathematics, and object labels). Children chose one informant’s testimony to transmit (Study 1) or had an open-ended opportunity to transmit information (Study 2). Children transmitted information from the accurate informant in 73% of forced-choice trials. However, they only transmitted the accurate informant’s testimony in 40% of open-ended trials. Thus, although children selectively endorse information received from accurate informants, they may not necessarily transmit information received from a previously accurate informant to a naïve listener.

Evidence of Testimony in Cyberspace

The testimony of witnesses as one of the most important proofs of a lawsuit is effective in both court and arbitration cases. This article examines the acceptance of witness testimony and its process in cyberspace, as well as how intuition is Challenge in Iranian law and some legal systems. In this article, which has been done by descriptive-analytical method. The authors intend to discuss the Hearing the testimony of witnesses in cyberspace arbitration comparatively in US, European and Iranian arbitration systems. And in continuation of the legal and judicial validity of this method of hearing testimony, as well as how to denial witnesses, and finally the opportunities and challenges in the process of hearing witnesses in cyberspace arbitration should be examined.

Snowpocalypse 2021: Understanding Stakeholder Topoi in the 2021 Texas Power Grid Failure

Purpose: This research is the first step in exploring how public policymakers use the expert knowledge and nonexpert knowledge they acquire in oversight hearings. This step is focused on learning what the testimony in oversight hearings reveals about how the primary stakeholders of the February 2021 power loss event understood that event.<br/> Method: The researcher used NVivo, a content analysis application, to examine public comments, witness testimony, and a combination of legislators' press releases and the text of bills they drafted. All texts were generated in February and March 2021. The researcher ran both a word frequency analysis and a thematic analysis of each set of texts to identify topoi used by each stakeholder group and compared the results.<br/> Results: The analysis revealed that the three primary stakeholder groups perceived the February 2021 power loss event differently, though some of the most salient, significant, or urgent concerns of each group overlapped. The stakeholder groups shared some topoi, but the ways each group used those topoi suggested different ways of understanding and interpreting the event.<br/> Conclusions: Technical communicators who are tasked with reconciling technical and nontechnical audiences in situations like this can use the techniques discussed here to better identify specific places where the respective groups' use of topoi diverged from one another or aligned with one another. The more that is known, and not just surmised, about stakeholders and how they understand and interpret their technical knowledge, the better we can address how that knowledge may be communicated throughout the legislative process.

The impact of positive and negative testimony on children's attitudes toward others.

Children can identify who is benevolent or malevolent not only through first-hand experiences and observations but also from the testimony of others. In this study, we investigated whether 5- and 7-year-olds (N = 128) would form their attitudes toward others after hearing testimony about that person’s past moral behavior and whether the valence of testimony would differently influence the children. In the positive condition, half of the participants gained information about three puppets: puppet A’s prosocial behavior by their own first-hand observation, testimony about puppet B’s past prosocial behavior, and testimony about puppet C’s past neutral behavior. In the negative condition, the other half also learned information about the three puppets: puppet A’s antisocial behavior by their own first-hand observation, testimony about puppet B’s past antisocial behavior, and testimony about puppet C’s past neutral behavior. Then they engaged in tasks that measured their behavioral attitudes toward the puppets and evaluated the goodness of each puppet to assess their attitudes at a cognitive level. Our results concluded that the children form their behavioral attitudes toward others based on testimony starting at the age of 7, and attitude formation at the cognitive level based on testimony is seen at age 5. Negative testimony, rather than positive testimony, influences the children’s attitudes toward others. In addition, the 7-year-olds’ use of testimony differs depending whether they are the allocators or the receivers of rewards. Our findings deepen understanding of how children rely on the verbal information around themselves when they navigate interactions with others.

Testimony about Food Taste and Health: The Impact of Testimony on Children’s Choices about Visually Unfamiliar Foods

ABSTRACT A food’s visual features and testimony from others are important clues for children when making food choices. Children must integrate these two forms of information to make choices about food. The present study investigated children’s food choices when these two clues are presented together. After confirming that children between the ages of 4–6 years (N= 32) did not prefer visually unfamiliar foods (Experiment 1), Experiment 2 investigated whether positive testimony about the taste or healthiness would influence children’s choices about visually unfamiliar foods. More specifically, children heard testimony from adults and peers that visually unfamiliar foods were either tasty (taste testimony condition, n= 24) or good for you (health testimony condition, n= 24). Then, they were asked whether they would choose to eat the visually unfamiliar foods which were recommended by an adult or a peer. In the no testimony condition, children (n= 24) were asked to choose the foods without hearing testimony about visually unfamiliar foods. Testimony about a food’s taste encouraged children to choose visually unfamiliar foods; peers’ testimony regarding a food’s taste had a stronger influence on children’s selection of visually unfamiliar foods than testimony from adults. However, health testimony did not facilitate choosing visually unfamiliar foods, regardless of whether from an adult or a peer. Why different types and sources of testimony had various degrees of influence on children’s selection of visually unfamiliar foods was discussed.

The 1891 International Copyright Act: Lobbying Behind the Scenes

The 1891 International Copyright Act: Lobbying Behind the Scenes

Who delays climate action? Interest groups and coalitions in state legislative struggles in the United States

Gridlock and rollback in Washington have led to a turn to the states for action on climate change in the U.S. The state of Massachusetts presents a particularly puzzling case, since it was an early leader with binding emissions targets, but the succeeding dozen years saw most ambitious efforts stalled or watered down. We collected 1187 pieces of legislative testimony, 4126 reported lobbying visits, and interviews with and input from over fifty experts. Based on their lobbying reports and testimony in legislative hearings, we systematically characterize the legislative interests of nine main coalitions engaged in Massachusetts energy politics. We find that climate and clean energy advocates have few reliable allies and face four coalitions of opponents from the utilities, real estate, power generators, and fossil fuel and chemical industries. Our analysis indicates the central role utilities play in blocking the most ambitious clean energy legislation, and how they remodel those bills that survive the process into forms favorable to their interests.

Touching distance: young people’s reflections on hearing testimony from Holocaust survivors

ABSTRACT This article explores young people’s experiences of hearing first-hand testimony from a Holocaust survivor during a government-funded educational programme in the UK. The study considers Holocaust Education in the UK and the prevalence of survivor speakers in classrooms. It then presents findings from 14 semi-structured interviews and 44 online surveys exploring young people’s experiences of hearing in-person testimony from a Holocaust survivor. Three themes emerge; that the experience of hearing from a survivor had been concrete, connecting and current for them. The article concludes with a consideration of the study’s implications for educators more widely and concludes by offering ways in which they can better support their students in receiving and carrying survivor testimony in different educational settings.

The permissible scope of witness testimony in arbitral hearings—five proposed rules

Abstract At least one surprise occurs in every arbitral hearing. One of those surprises is when a witness testifies beyond what has been submitted in his written witness statement. Often, such ‘out-of-scope’ testimony is unexpected, astonishing, and crucial for the outcome of the case. Surprisingly, the adequate handling of such unexpected testimony is unchartered territory: neither arbitral statutes, institutional rules nor the ever-expanding arbitral soft law addresses this important issue. This article reviews if and when arbitral tribunal should permit or reject such ‘out-of-scope’ testimony. The article establishes five clear-cut rules to deal with that issue.

The Refusal of Supreme Court Nominees to Discuss Legal, Political, and Social Issues at Senate Confirmation Hearings: Ethical Obligation or Survival Strategy?

This essay surveys the refusal of Supreme Court nominees to discuss judicial philosophy, past Court decisions, and personal views on legal, political, and social issues with members of the Senate Judiciary Committee. The review begins in 1955 with the nomination of John Marshall Harlan and concludes with the Senate confirmation hearing testimony of Justices Neal Gorsuch and Brett Kavanaugh. Nominees decline to answer questions concerning public policy and substantive legal issues under the guise of “judicial ethics” restrictions including (1) judicial oaths of office, (2) codes of judicial conduct, and (3) judicial disqualification rules. An examination of these purported justifications discloses that they lack a sound legal basis. The essay concludes by suggesting that nominees who refuse to discuss judicial philosophy, past Court decisions, constitutional issues, and public policy should either advance a new, legally defensible rationale or simply admit that their silence is necessary to avoid losing confirmation votes.

Children’s belief in purported events: When claims reference hearsay, books, or the internet

Children aged 4.75–8.50 years (n = 127) heard testimony about improbable or impossible events—referencing either spoken hearsay, a book, or the internet—and judged whether the events could occur in reality. A separate baseline group (n = 48) judged the events without hearing testimony. Relative to baseline, younger children (4 and 5 years) reported greater belief that improbable events could occur when testimony referenced hearsay and less belief when testimony referenced the internet. In contrast, older children (8 years) were less likely to believe improbable events could occur when testimony referenced hearsay and believed testimony that referenced a text-based source (a book or the internet) at rates similar to baseline. Beliefs about the occurrence of impossible events were similar (and low) across ages and testimony conditions. Implications for children’s learning from spoken and text-based sources are discussed.

Constitutional Study on the Personnel Hearing of the National Assembly and an Investigation by the Procurator

2000년 국회법이 개정되고 인사청문회법이 제정되어 주요 공직후보자 등에 대하여 국회가 인사청문회를 실시하여 오고 있다. 국회의 인사청문회는 고위 공직자가 될 사람에 대하여 국회가 그 자질과 능력을 공직에 임명되기 전에 검증하기 위하여 당사자로부터 진술과 의견 등을 청취하고 필요한 경우 증인이나 감정인 및 참고인으로부터 증언이나 진술을 듣고 증거를 채택하는 제도이다. 국회의 인사청문권은 국회가 국정통제권의 하나로 고위공직자 등에 대하여 자질과 능력을 검증하는 것이라 할 수 있다. 따라서 자질이나 능력 혹은 도덕성까지도 검증을 하는 것이라 할 수 있다. 반면에 검찰의 검찰권 행사는 행정권의 하나로 수사를 통하여 범죄 혐의 유무를 명백히 하여 공소제기 여부와 증거 수집이나 보전 등을 위한 것이라 할 수 있고, 경우에 따라서는 영장청구를 통하여 이를 하기도 한다. 검찰의 검찰권 행사는 행정권의 일종으로 국회의 인사청문권과는 구별되는 것으로 검찰권과 국회의 인사청문권은 의의와 기능 등에서 차이가 있다. 권력분립에 근거하여 국회는 국정통제권을 행사하는 권한 가운데 하나가 인사청문권이라 할 수 있고, 검찰의 검찰권은 행정권 행사의 하나인 것이다. 따라서 공직후보자에 대하여 국회의 인사청문회 도중에 검찰이 공직후보자에 대하여 수사를 하고 혹은 이와 관련하여 검사가 영장을 청구하고 법원이 영장을 발부한다고 하여, 검찰이나 법원이 국회의 권한을 침해한다고 볼 수 없고 검찰의 검찰권과 국회의 인사청문권이 충돌되는 것이라 할 수 없다.The Parliament Act was revised in 2000 and the Law on personnel Hearings was promulgated, and Parliament held personnel hearings for key candidates for public office. The Personnel Hearing is conducted taking into account the statements and opinions of the parties to verify the qualifications and capabilities of senior officials prior to their appointment to public positions. This system uses evidence by hearing testimony and statements from witnesses, evaluators and witnesses. The Personnel Hearing of the National Assembly can be said to be that Parliament verifies the qualities and abilities of senior officials as the right of government control. Therefore, it can be said that qualities, abilities or morals are also verified. The compentence of prosecutor may be used to investigate whether crimes are suspected by the prosecution as an administrative authority, to institute criminal proceedings, and to gather and keep evidence. Sometimes this is done through. The compentence of prosecutor to criminal prosecution is a kind of administrative power separate from the personnel hearing parliament. With respect to a candidate for a public office, at the personnel hearing, the prosecutor investigates the candidate or in this regard, the inspection requests a warrant and the court issues a warrant. Prosecutors and courts can not be considered a violation of Parliament s powers and there is no conflict between the competence of prosecutor to prosecute and the parliamentary personnel hearing

SOUTH AFRICA’S BLUE DRESS

Inside the Constitutional Court of South Africa hangs Judith Mason’s artwork, entitled The Man Who Sang and the Woman Who Kept Silent, more commonly known as The Blue Dress. Mason created the artwork to commemorate Phila Ndwandwe and Harold Sefola after hearing testimony from the perpetrators of their deaths at the South African Truth and Reconciliation Commission (TRC). In this article I explore how The Blue Dress contributes to the reimagining of human rights culture in South Africa in three key ways. First, the artwork is a symbolic reparation that recognizes the harm suffered under apartheid. Second, the artwork is an alternative record of women’s experiences of sexual violence; experiences which are largely absent from the official TRC record. Third, the artwork is a form of judicial consciousness which keeps the past alive so that a different future can be imagined. I argue that The Blue Dress instantiates an “ethics of responsibility” in post-apartheid human rights discourse. That is, the responsibility to remember past violations of human rights in order to prevent future ones and the responsibility to recognize past triumphs of human rights in order to support future ones. The article draws on seven months of participant observation fieldwork at the Court, which included fifty-four interviews with judges, clerks, staff members, advocates, artists, curators, and visitors, as well as visual and archival research.

Here/There/Everywhere: Quantum Models for Decolonizing Canadian State Onto-Epistemology

In settler-colonial Canada, the state does not receive Indigenous testimony as credible evidence. While the state often accepts Indigenous testimony in formal hearings, the state fundamentally rejects Indigenous evidence as a description of the world as it is, as an onto-epistemology. In other words, the Indigenous worldview formation, while it functions as a knowledge system that knows and predicts life, is not admitted to regulatory discussions about effects of resource extraction projects on life. Particularly in such resource-extraction review hearings, partly for obvious reasons of ecological ethics, there is no space for Indigenous relational-ontology. I theorize that beyond racism, white supremacy, and greed, settler-colonial onto-epistemological structures are structured to systematically eliminate the potential for relational-ontologies. This exclusion is complementary to resource-extractivist and legal positivist procedures and is biased against Indigenous knowledge and knowledge-sharing procedures; it is a crisis of state integrity and is philosophically unsound. In my analysis of Canadian National Energy Board documents, I ferret out some of these structures that de facto discredit Indigenous onto-epistemologies; I propose this fundamental problem of the Canadian settler-colonial state must be recognized and changed if the calls of Canada’s Truth and Reconciliation commission are to be met.

California's Paid Leave Helped My Patient.

When a dedicated nurse gets cancer, California's paid leave policy allows her daughter to be at her side.

Results from Project SEED survey highlight program’s benefits

If you have ever been a mentor or a project coordinator, or heard testimony by a high school student who has participated in the American Chemical Society’s Project SEED program, you know that Project SEED offers an invaluable experience for its participants. Through the program, students who are economically disadvantaged have the opportunity to spend eight to 10 weeks in a research environment surrounded by other students or scientists with similar interests. And they receive encouragement by a mentor dedicated to their success. The ACS Committee on Project SEED routinely administers an exit survey at the end of the summer program; however, since 1996, it has not conducted a longitudinal survey to more objectively assess the long-term impact of Project SEED on its participants. In late 2016, the committee conducted a survey of Project SEED college scholarship recipients from 2001 to 2016. Of the 322 current and former students contacted,

Automated content analysis as a tool for research and practice: a case illustration from the Prairie Creek and Nico environmental assessments in the Northwest Territories, Canada

Public engagement is essential to the procedural and substantive sustainability of environmental assessment. Public hearings present the lowest barrier to entry for public participation, but these forums face competing political pressures for conducting appropriate public engagement within an expeditious process. Repositories of public hearing testimony provide a source of primary data for examining these public engagement issues during environmental assessments. However, the time and resources required may be prohibitive for conducting the kind of in-depth qualitative analyses that are commonly used. Automated content analysis (ACA) techniques can provide a rapid, replicable, inductive, and systematic way to examine public hearing transcripts, consisting of the critical development and application of computer programming scripts that synthesize evidence from extensive document sets. This case illustration demonstrates the potential utility of ACA, based on the examination of two public hearings, Prairie Creek (EA0809-002; 2008–2011) and Nico (EA0809-004; 2009–2013) conducted in the Mackenzie Valley, Northwest Territories, Canada. Our interpretation of the findings provides an evaluation of ACA methods and situates its potential to inform environmental assessment research and practice across jurisdictions.

Blacklisted Businesses

This paper explores whether and how social activists’ challenges affect politicians’ willingness to associate with targeted firms. We study the effect of public protest on corporate political activity using a unique database that allows us to analyze empirically the impact of social movement boycotts on three proxies for associations with political stakeholders: the proportion of campaign contributions that are rejected, the number of times a firm is invited to give testimony in congressional hearings, and the number of government procurement contracts awarded to a firm. We show that boycotts lead to significant increases in the proportion of refunded contributions, as well as decreases in invited congressional appearances and awarded government contracts. These results highlight the importance of considering how a firm’s sociopolitical environment shapes the receptivity of critical non-market stakeholders. We supplement this analysis by drawing from social movement theory to extrapolate and test three key mechanisms that moderate the extent to which activists’ challenges effectively disrupt corporate political activity: the media attention a boycott attracts, the political salience of the contested issue, and the status of the targeted firm.