Rules Of Evidence Research Articles

Problem in the Recent American Heart Association Guideline on Secondary Stroke Prevention: B Vitamins to Lower Homocysteine Do Prevent Stroke.

In this article, we discuss a problem in the most recent American Heart Association guideline on secondary stroke prevention that apparently arose from the rules of evidence imposed on the guideline panel. We are told by the cochair of the panel that American Heart Association rules about guidelines for secondary prevention prohibited consideration of primary prevention studies and secondary analyses of secondary prevention studies. However, evidence-based medicine should consider all the best external evidence available and also clinical judgement. The most important problem in the guideline was the recommendation that B vitamins to lower homocysteine do not prevent recurrent stroke. When considering all the best external evidence, it is clear that B vitamins do prevent stroke, but in the early secondary stroke prevention studies, the benefit of B vitamins in participants with good renal function was apparently offset by harm from cyanocobalamin among participants with renal failure (level B-R evidence). We review the evidence that B vitamins should be used to prevent stroke, both in primary and secondary stroke prevention (class 2a recommendation). We also review issues in folate metabolism that require further study, with regard to the form of folate to be used for stroke prevention. We recommend that the guideline be revised to say that B vitamins to lower homocysteine prevent stroke and that methylcobalamin or hydroxycobalamin should be used instead of cyanocobalamin.

Reverence issues in criminal law

Aim: Presentation of the criminal law aspects of the reverence and the examination of practical implementation of the aspects of the issue of reverence.Methodology: Examination of criminal records of the legal environment and fatal road accidents.Findings: The authors deal in detail with the former and current regulation of the misdemeanour of contempt, then with the procedural application of the aspects of reverence, and finally with reference to concrete examples with the anomalies of the investigative practice related to the on-site examination of the dead.Value: The authors draw attention to the fact that it would be justified to amend the rules of evidence in the Code of Criminal Procedure in order to ensure a more effective enforcement of the right to reverence. The study also draws attention to the fact that there is no legal basis for the closed handling of contempt recordings.

Investing in Private Evidence: The Effect of Adversarial Discovery

Abstract Much of the conventional wisdom of evidence law rests on the premise that the amount of evidence available in any given case is exogenously determined. With the advent of evidence technology (e.g. dashcams, black-box technology, digital data storage, surveillance cameras), the availability of evidence is substantially controlled by individuals. In this article, we show that evidence rules play an important role in determining individuals’ decisions to invest in private evidence. We compare the evidence rules adopted in the USA and Europe and analyze their relative impact on the voluntary adoption of evidence technology. We find that by making private evidence not discoverable, more rather than less evidence would be made available to courts.

Criminal Evidence System in Islamic Jurisprudence

This study deals with the criminal evidence system in Islamic jurisprudence. The importance of the study stems from its review of the Islamic precedence in deciding the rules of criminal evidence. Its importance also lies in the fact that it shows a set of methods of evidence that are dealt with by the positive law at a later time after they were decided by the noble Sharia. The objective of this study is to identify the criminal evidence system in Islamic jurisprudence and to show the methods of evidence approved by Islamic sharia in this context. In order to achieve the objectives of the study, the researcher adopts the descriptive analytical approach. The researcher reaches several results, the most important of which is that Islamic sharia has preceded in addressing the system of criminal evidence. The researcher also concludes that Islamic sharia approved a set of methods for criminal evidence, including what is agreed upon among jurists, and what was approved by some of them and disapproved by the others. The study ends with a set of recommendations, the most important of which is the necessity of implementing all methods that lead to the prevalence of the truth according to specific regulations so that there is no exaggeration in their estimation. The researcher also recommends the implementation of the methods of evidence approved by Islamic Sharia in all judicial facilities in Islamic countries so that they are interpreted in accordance with the rules and regulations of Islamic sharia.

Locating and Situating Justice Pal: TWAIL, International Criminal Tribunals, and Judicial Powers

AbstractThis paper brings forward Justice Pal's dissenting opinion at the Tokyo Tribunal to add to Third World Approaches to International Law (TWAIL) literature on international criminal law and the rules of evidence and procedure. It is part of a TWAIL effort to scrutinize the everyday practices of international prosecutions through procedural and evidentiary rules. By locating and situating Justice Pal's reasoning within the broader academic literature on dissents in international criminal law, it is possible to illustrate how and why Justice Pal's views were obscured as a relevant dissent. From this vantage point, this paper pursues Justice Pal's legacy as it relates to the rules of evidence and procedure in the International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda. It traces the evolution of the judicial power to draft and amend these rules, and examines the impact of these decisions on the everyday functions of the tribunals and how truth is determined.

Res nulla loquitur

The concept of res nulla loquitur, the no-thing speaks, is a reformulation of the rule of evidence, res ipsa loquitur, the thing speaks for itself. It is drawn from a careful examination of the recorded arrest of Sandra Bland in 2015, and the evidence collected in Texas’s subsequent investigation of her death while in custody. Engaging with what remains of Sandra Bland’s speech performatively by “listening while you look” (Moten), the article offers a critical reading of the rhetoric of self-evident truth associated with Fourth Amendment jurisprudence on lethal arrest and more recent audio-visual evidence of police use of lethal force against black citizens. To emphasize the sonic dimension of the terrain of struggle with the violence of the word of law, each section is accompanied by sound loops the author created from evidence used by artist, lauren woods, in her exhibit, American Monument (2020). These sounds loops can be accessed at resnullaloquitur.com.

Dempster-shafer theory and linguistic intuitionistic fuzzy number-based framework for blending knowledge from knowledge repositories: An approach for knowledge management

Based on Dempster-Shafer Evidence Theory (DSET) and Linguistic Intuitionistic Fuzzy Numbers (LIFN), this study presents a paradigm for Knowledge Blending (KB) that supports the Knowledge Management (KM) process. The KB framework highlights and analyzes knowledge blending, the emergence of new insights, the ordering of knowledge repositories, and selected knowledge entities that are part of such a knowledge combination. The KB method enables the analysis of knowledge repositories using linguistic terms and quantitative variables and the identification of the ordering of knowledge repositories and specific entities. Ordering knowledge repositories and entities during KB is tricky since knowledge providers employ a range of adjectives, rankings, interpretations, and linguistic terms, rendering the KB process ambiguous. To address the issue, we leverage DSET to describe the LIFNs extracted from knowledge sources as Basic Probability Assignments (BPA). Then, we merge subjective and objective weights obtained from knowledge repositories. To amend evidence from knowledge repositories, we apply the combined weight. Finally, the comprehensive evaluation value of each option is quantified using the combination rule of evidence, which aids in the blending of knowledge repositories and entities acquired from the knowledge repositories. We discuss a case study to explain the proposed method and compare it to other approaches in order to demonstrate its viability and usefulness. The case study highlights the value of KM during the knowledge structuring and auditing stages of the KM process.

Obtaining and evaluating evidence at the International Criminal Court

The article refers to the prominent role of the International Criminal Court as an organ of international justice. The author emphasizes the defining role of the Statute of the International Criminal Court as a document in which the legal foundations of activity are formulated and the basic procedural rules that guide the Court in its practice are developed. The importance of the Regulations in the implementation of procedural actions, which are reduced to a detailed and in-depth proof of certain facts submitted to the court, is shown. The methodological basis of the study is a normative, comprehensive, systematic approach to the analysis of the rule of law established by the constituent documents of the International Criminal Court. It is indicated that the constituent documents of the international judicial institution provide, among other things, detailed regulation of the presentation and evaluation of evidence. The author pays special attention to the fact that the provision and evaluation of evidence in the International Criminal Court should be organized in such a way as to provide an opportunity to render a judicial verdict impartially and taking into account all information on the legal grounds under consideration. The article examines certain procedural norms of the Rome Statute and the Rules of the International Criminal Court. The significant role of the Rules of Procedure and Evidence, which are a key tool for the application of the Rome Statute of the International Criminal Court, is shown.

Path Analysis of the Application of "Poisonous Tree Fruit" in the Field of Criminal Law in China

Although our country has established the exclusion rule of illegal evidence, there is no clear legislation on the evidence derived from illegal evidence. Therefore, the choice of "the fruit of the poison tree" leaves a huge space for controversy. Behind its choice not only implies the further coordination of procedural justice and substantive justice, but also becomes an important driving force to promote the modernization of China's judicial process.

A q-rung orthopair basic probability assignment and its application in medical diagnosis

Dempster-Shafer theory is widely used in decision-making and considered as one of the potential mathematical tools in order to fuse the evidence. However, existing studies in this theory show disadvantage due to conflicting nature of standard evidence set and the combination rule of evidence. In this paper, we have constructed the framework of q-rung evidence set to address the issue of conflicts based on the q-rung fuzzy number due to its more comprehensive range of advantage compared to the other fuzzy or discrete numbers. The proposed q-rung evidence set has the flexibility in assessing a parameter through the q-rung orthopair basic probability assignment consisting of membership and non-membership belief degree. Moreover, as the proposed q-rung orthopair basic probability assignment consists of pair of belief degrees, the possibility of conflicts cannot be ignored entirely. In this regard, a new association coefficient measure is introduced where each component of the belief degrees is modified through the weighted average mass technique. This paper uses various concept such as fuzzy soft sets, Deng entropy, association coefficient measure and score function for decision-making problem. Firstly, to obtain the initial q-rung belief function, we have implemented the Intuitionistic fuzzy soft set to assess the parameter of the alternatives and Deng entropy to find the uncertainty of the parameters. Secondly, the association coefficient measure is used to avoid the conflict through the modified form of evidence. Finally, we combined the evidence and found the score value of the Intuitionistic fuzzy numbers for the ranking of the alternatives based on the score values of alternatives. This study is validated with the case study in the medical diagnosis problem from the existing paper and compared the ranking of alternatives based on the score function of belief measures of the alternatives.

Editorial

Editorial

Toward a Presumptive Admission of Medical Records Under Federal Rule of Evidence 803(4)

Toward a Presumptive Admission of Medical Records Under Federal Rule of Evidence 803(4)

The The comparative analysis of the law of evidence in civil proceedings in France and Russia

The article deals with the problems of the legal nature and legislative consolidation of norms of evidentiary law in France and Russia. The author claims that it is more optimal to consolidate norms of proof and evidence in evidentiary law of Russia. At the same time, Russian theory of evidence needs radical reform. The legal approach to the concept of proof in legislation of Russia and France is differentiated. In French evidentiary law, the ranking of evidence is legally fixed, which cannot be recognized as dignity. However, legal norms regarding some means of proof are sufficiently developed. The means of proof, which are outdated as legislation and judicial practice, are still fixed. At the same time, the legal regulation of electronic evidence has been sufficiently developed, which can be recognized as an advantage of French evidentiary law. Russian evidentiary law does not provide for legal regulation of electronic evidence as an independent means of proof. The following areas of improvement of Russian evidentiary law are highlighted: improvement of the theory of proof, optimization and unification of the legal regulation of the rules of evidence, reception of effective means of regulation from the evidentiary law of foreign countries, and detailed legal regulation of individual means of proof.

Closing the Auditor Loophole: Towards a More Perfect Work-Product Waiver Doctrine

The Supreme Court created strong protections for the attorney’s thought processes and analysis in Hickman v. Taylor. However, the Court in Arthur Young & Co. created a loophole enabling opposing lawyers to access the lawyer’s thought processes and legal strategies. This loophole was created when the Court allowed discovery of an auditor’s tax workpapers, and lower courts then interpreted this decision to imply that disclosing information to the outside auditor constitutes a waiver of attorney work-product protections. This loophole can be corrected through a Congressional statute that impacts the Federal Rules of Evidence, which would protect communications between outside auditors and their clients for legally required audits. If Congress fails to act, then courts should hold that disclosure of documents to outside auditors as part of a Securities and Exchange Commission required audit does not waive attorney work-product protections.

On the Distribution and Application of Evidence in Economic Crime Cases

China's criminal evidence rules show scattered, high abstraction, lack of systematic and systematic problems, which gradually can not meet the needs of criminal justice practice. In the process of handling economic crime cases, the public security and judicial organs have encountered difficulties in the direction of investigation and the comprehensiveness of the evidence, so it is urgent to collect and review the evidence of similar crimes to guide and standardize the relevant evidence work. Explore and use the law of evidence distribution in economic crime cases to provide practical considerations and ideas for the formulation of evidence collection and review norms in economic crime cases.

The image of women in advertisements for Iraqi satellite channels An analytical study

Legal conducts is part of the legal facts that are the subject of proof before the courts, and originally the proof of the legal conduct need to be by written evidence, by those who protesting to what is not apparent in the first place, by presentation, or imposition, this origin is an important rule of contemporary civil evidence. The fact that the written evidence is the basis for proving legal conduct is therefore the evidence that is more consistent than its content, since it would prove a right or deny it more openly than other evidence, and for that reason. The various laws and legislations concerned with this guide and gave it a prominent position, as it is one of the guarantees to protect the rights of litigants, and thus provide judicial justice on its basis. The legislature's regulation of the legal rules governing the prosecution of legal conduct in alternative ways to the written evidence is to prove the facts establishing the rights claimed in ways that are easier than the written evidence in the absence of the latter There are multiple cases, when one of them is verified, legal action can be proven by alternative methods to the written evidence, including the case of proof by alternative methods due to the defendant’s act and refusal, written evidence without legal text.

Компоненты фактического основания, подлежащие доказыванию для принятия решения о государственной защите участников уголовного процесса

The article proposes the author’s scheme for establishing the actual grounds for deciding on the state protection of participants in the criminal process. The content of this scheme consists in transferring the rules of criminal procedure evidence to the procedure under analysis. The authors implement this by supplementing the law of criminal procedure with a group of articles, one of which is devoted to the circumstances to be proved (established) for the application of the procedure of state protection of participants in criminal proceedings. Thus, the work justifies the need to establish the components of the actual basis of state protection by means of criminal procedure evidence.

Land Registration Systems & Discourses of Property

This article discusses the relations between land registration systems and underlying discourses of property from a comparative perspective. It is based on the example of French law which, characteristically, uses a declaratory land recordation system, i.e., registration is informative in nature, it affects the rules of evidence but it does not convey property nor does it affect complete strangers in any way. It is found that such a system implies that people will need to prove their ownership of land, and therefore presupposes rules of evidence which are based on possession or title to possess, since land registration is not used for that purpose. The historical reason for this choice was inherited from the French Revolution. It rests on the idea that property is held from no one, least of all from the State. Most countries in the world have opted for a land registration system which is constitutive of title, meaning that the State guarantees the registered owner’s title to land. This system was originally inherited from the remnants of the feudal system in which land was held through a tenure, i.e., from someone else. This conception of ownership also traditionally implies a greater tolerance – in legal discourse – for legislative or State interference in the ownership of land which is merely granted by public authority. It may therefore be said that the more efficient the title, the less absolute ownership seems to be, at least in the collective imagination of lawyers as to what property entails.

Review: The Early Modern Invention of Late Antique Rome, by Nicola Denzey Lewis

Review: The Early Modern Invention of Late Antique Rome, by Nicola Denzey Lewis

Evidence Based Decision Making: A Review

In today’s era, many of the decisions are based upon gut feeling, intuition, or instinct rather than relied on actual scientific data and facts. It’s important and essential to do the needful based on facts and not feelings for the best possible outcomes. Evidence based decision making in the field of healthcare describes the integration of basic rules of evidence as they evolve into implementation in daily practices. In dentistry, the principles of evidence-based decision making as well as a very common clinical dilemma to make a decision on whether to save and preserve the natural tooth or to extract and replace it with an implant or any sort of prosthesis is often experienced by a clinician easily. The need of evidence plays a very important role in making decisions. It helps provide a better outcome which will result in fewer casualties.