Witness Statements Research Articles

The Grainger Test Challenged? Thomas v Surrey and Borders Partnership NHS Foundation Trust

ABSTRACT This note analyses the decision of the Employment Appeal Tribunal (EAT) (Sheldon J) of Thomas v Surrey and Borders Partnership NHS Foundation Trust and Brett. The central message of the case is that English Nationalism with an anti-Islamic, anti-immigrant tinge does not deserve legal protection as a philosophical belief under s.10 Equality Act 2010. Thomas raises an interesting point of principle regarding the question of whether the fifth limb of the Grainger v Nicholson test—namely whether philosophical beliefs are worthy of respect in a democratic society, compatible with human dignity or are in conflict with the fundamental rights of others (fifth limb)—should be expanded to exclude from protection beliefs espousing intolerance or discrimination, and provides helpful clarity on how tribunals may take into account material beyond what is pleaded by the claimant in order to ascertain what the true nature of a purported philosophical belief may be. The note concludes that the former point is a move which should be resisted given the importance of rights under Articles 9 and 10 of the European Convention on Human Rights, and also critiques the reasoning of the Employment Appeal Tribunal in countenancing this possibility. It also concludes that the latter point will be of particular interest to practitioners who plead these sort of cases before the tribunals and predicts respondents to be bolder in their use of extraneous material to interrogate the nature of a claimant’s beliefs beyond what is pleaded or contained in their witness statements. The note also concludes that tribunals can also have more confidence, in light of Thomas, in relying on such material in their judgments without excessive caution that they have blurred the lines of overreliance on manifestations of beliefs as opposed to focusing on the beliefs themselves.

Ratio Decidendi Penjatuhan Putusan Bebas (VRIJSPRAAK) Dalam Pemalsuan Akta Otentik Oleh Notaris: Studi Putusan Nomor: 1216/Pid.B/2019/PN Jkt.Tim

Corruption is an extraordinary crime that causes state losses. Corruption is not only committed by individuals, but also by corporations. Problems that often arise in criminal acts of corruption committed by corporations are related to procedural law, especially related to proving corporate wrongdoing. In this regard, the author is interested in analyzing the evidence related to corruption committed by corporations in Decision No. 81/Pid.Sus/Tipikor/2018/PN.Jkt.Pst. This study discusses the problem of proving corruption committed by corporations and the judge's legal considerations in imposing a sentence on the Defendant. This study uses a normative juridical approach withresearch specifications prescriptive. This study also uses secondary data obtained through literature and documentaries and described systematically. The results of the study indicate that the criminal acts of corruption committed by corporations in Decision Number: 81/Pid.Sus/Tipikor/2018/PN.Jkt. evidenced by the suitability of evidence in the form of witness statements, expert statements, letters and statements from the defendant which proves that the defendant has fulfilled all the elements in the First Indictment, so that it has met the minimum limit of evidence, namely at least two valid pieces of evidence, the judge's conviction is obtained. that the defendant PT NKE was guilty of a criminal act of corruption. The basis for the judge's legal considerations is by taking into account the elements of the Articles of the First Indictment that have been fulfilled, namely by fulfilling the minimum limit of evidence and obtaining the judge's conviction, for which the Panel of Judges imposes a criminal sentence in the form of a principal penalty in the form of a fine and additional punishment in the form of payment of replacement money and the revocation of the defendant's rights to participate in the auction of government goods/services procurement.

The Criminal Act of Dissemination of Fake News via Social Media in the Perspective of Individualization of Criminal

This study focuses on 2 (two) main issues. First, how is the judge's decision considered based on the perspective of individualization of punishment? The second main issue is the factors that influence the judge's decision based on the perspective of individualization of punishment for the crime of spreading false news through social media. The implementation of the perspective of individualization of punishment in the Decision of the Jayapura Class IA District Court Number 16/Pid.B/2020/PN Jap is implied in 6 (six) main points of the judge's consideration, namely (1) the indictment and criminal charges of the Public Prosecutor, (2) the defense of the Legal Counsel, (3) evidence in the form of witness statements, both charge witnesses and a de charge witnesses, expert statements, defendant statements, (4) evidence, (5) trial facts, (6) proof of elements of the crime of spreading false news through social media. In addition, 5 (five) factors influence the decision, namely (1) the condition of the perpetrator, (2) the motive of the perpetrator, (3) the impact of the crime committed, (4) the form of the perpetrator's mistake, (5) the purpose of the punishment. Thus, the judicial freedom of judges does not mean that judges abandon the perspective of individualization of punishment this perspective of individualization of punishment provides direction for judges in constructing decisions on criminal cases of spreading fake news through social media, which is fully supported by at least 2 (two) pieces of evidence and the judge's legal conviction (juridische overtuigingen).

The Legal Status of Circumstantial Evidence in the Context of Criminal Cases in Indonesia

In practice, there are several instances of criminal decisions that are not in accordance with the law. In such instances, the judge interprets the law or legal findings based on circumstantial evidence. As a result, the action taken does not achieve the highest degree of justice and legal certainty in a decision. This is because the decision is not based on the minimum requirements of two pieces of evidence that must be met in terms of evidence to impose a sentence. The objective of this research was to analyze the legal status of circumstantial evidence in the context of criminal cases. Our research findings indicate that the philosophy of circumstantial evidence, as it pertains to criminal procedural law, represents a form of evidence that can be considered by judges in relation to the absence of facts that are not directly visible by eyewitnesses. This evidence is intended to provide a comprehensive depiction of the truth of an event, thereby facilitating the acceptance of a reasonable account of events. Establishing circumstantial evidence is distinct from providing instructions, however. To do so, one must obtain clues from facts presented at trial in the form of witness statements, letters and statements of the accused. The ius constituendum application of circumstantial evidence in the process of proving a criminal case is to provide the judge with the authority to utilise circumstantial evidence in the process of proving a crime as an additional legal means of evidence in sentencing. The role of indirect evidence in the imposition of criminal penalties is a doctrine that is confined to be the domain of legal experts.

Case Study of Supreme Court Decision Number 418 K / Pid / 2016 Against Criminal Perpetrators Participating in Making Fake Letters

The problem that arises with medepleger in the crime of document forgery is that its application is not explicitly regulated in the Criminal Code regarding its punishment. Then a gap emerged between das sollen (the Criminal Code does not explicitly regulate the criminal offense of participating in making fake letters) and das sein (many people who commit crimes taking part in making fake letters), as in Supreme Court Decision Number 418 K/Pid /2016. This research aims to determine the regulation of the criminal act of forgery of letters in the Criminal Code and to determine the imposition of criminal sanctions against perpetrators of criminal acts who participate in the continuous production of fake letters. This research is a type of normative juridical research, with a statutory approach and a case approach. Research data relies on primary data in the form of statutory regulations and binding decisions and secondary data, namely library sources. As for the research results: the legal arrangements for inclusion in the Criminal Code are regulated in 55 paragraph 1 of the Criminal Code. Regulations for the act of falsifying letters are regulated in Chapter Overall, what is at the core of all forms of criminal acts of letter forgery are making fake letters, falsifying letters and using fake letters or forged letters. what is formulated in the Articles on falsification of letters is the action on the object or form of the letter. The imposition of criminal sanctions against perpetrators of criminal acts who participated in making fake letters which is carried out continuously in the Supreme Court Decision Number 418K / PID / 2016 is based on legal facts, whether through witness statements, defendant statements, or evidence, mitigating and aggravating matters. the defendant and based on juridical considerations. In this case the defendant committed the act by means of participation. With the fulfillment of the elements in article 263 paragraph 2 of the Criminal Code jo. Article 55 paragraph 1 of the Criminal Code means that the criminal act charged is legally and convincingly proven according to the law.

TESTIMONIUM DE AUDITU SEBAGAI DASAR PERTIMBANGAN HAKIM DALAM MEMUTUS TINDAK PIDANA PENCABULAN DAN PERSETUBUHAN ANAK

Decision No. 254/Pid.Sus/2023/Pn.Mks, which examined and adjudicated a case of sexual assault and intercourse, was based solely on Testimonium de auditu. The issue is to what extent the available evidence supports Decision No. 254/Pid.Sus/2023/PN.Mks in declaring the defendant not proven legally and convincingly guilty according to the applicable legal standards. The research method used involves secondary data and is structured using normative descriptive research techniques. The discussion and conclusion are that Asdar Muhammad should be charged with sexual assault and intercourse based on written evidence, witness statements, and testimony from a minor victim, according to the analysis conducted (Case No. 254/Pid.Sus/2023/PN.Mks). The importance of witness testimony compared to what is seen, heard, or experienced determines the severity of a case, based on Constitutional Court Decision No. 65/PUU-VIII/2010. However, Asdar Muhammad should have been found guilty of committing sexual assault or intercourse, rather than being declared not guilty, as stated in Constitutional Court Decision No. 65/PUU-VII/2010.

Juridical Review of Delik Culpa on Traffic Accident Cases

This study aims to determine the application of material criminal law to the crime of traffic negligence that results in the loss of life of another person in decision Number 142/Pid.Sus/2020./PN Jap and to find out the legal considerations by the panel of judges in imposing a penalty in the form of a penalty for the crime of traffic negligence that causes casualties Number 142/Pid.Sus/2020./PN Jap. This research was carried out by collecting data through literature research. In the study, it was found that, in decision number 142/Pid.Sus/2020./PN Jap, the indictment prepared by the Public Prosecutor had met the formal and material requirements. In his demand, the Public Prosecutor demanded that the defendant be guilty of committing the crime of traffic negligence Article 310 paragraphs (4), (3), and (2) No. 22 of 2009 concerning Road Traffic and Transportation by the first indictment, based on the legal facts, both witness statements and the defendant's statements as well as the elements contained in the indictment are considered to have been proven by the Public Prosecutor so that the acts and the elements of the article match each other. The Judge's consideration in Applying criminal provisions against the perpetrators, in this case, is appropriate where the judge has considered both juridical considerations, trial facts, witness statements, existing evidence, judge's beliefs, and support matters. Based on the facts at the trial, the Panel of Judges considered that the defendant could be held responsible for the acts committed with the consideration that the defendant had been legally proven which resulted in the death of another person so the defendant was sentenced to a commensurate sentence.

Professional Jurisdiction: an Exploration of the Police Experiences in Taking Indigenous Witness Statements

Professional Jurisdiction: an Exploration of the Police Experiences in Taking Indigenous Witness Statements

Translated Memorandum: Expert Witness Statement on the Law of Defamation Against the Monarchy in Foreign Countries

The expert witness statement was requested by the Constitutional Court in the proceedings between Mr. Teerayut Suwankesorn (Petitioner) and Mr. Pita Limjaroenrat, leader of the Move Forward Party (First Respondent) and the Move Forward Party (Second Respondent). The proceedings concluded with Constitutional Court Judgment No. 3/2567. The statement is dated 8 December 2022. Translation by Ronnakorn Bunmee.

Ratio Decidendi Penjatuhan Putusan Bebas (VRIJSPRAAK) Dalam Pemalsuan Akta Otentik Oleh Notaris: Studi Putusan Nomor: 1216/Pid.B/2019/PN Jkt.Tim

Corruption is an extraordinary crime that causes state losses. Corruption is not only committed by individuals, but also by corporations. Problems that often arise in criminal acts of corruption committed by corporations are related to procedural law, especially related to proving corporate wrongdoing. In this regard, the author is interested in analyzing the evidence related to corruption committed by corporations in Decision No. 81/Pid.Sus/Tipikor/2018/PN.Jkt.Pst. This study discusses the problem of proving corruption committed by corporations and the judge's legal considerations in imposing a sentence on the Defendant. This study uses a normative juridical approach withresearch specifications prescriptive. This study also uses secondary data obtained through literature and documentaries and described systematically. The results of the study indicate that the criminal acts of corruption committed by corporations in Decision Number: 81/Pid.Sus/Tipikor/2018/PN.Jkt. evidenced by the suitability of evidence in the form of witness statements, expert statements, letters and statements from the defendant which proves that the defendant has fulfilled all the elements in the First Indictment, so that it has met the minimum limit of evidence, namely at least two valid pieces of evidence, the judge's conviction is obtained. that the defendant PT NKE was guilty of a criminal act of corruption. The basis for the judge's legal considerations is by taking into account the elements of the Articles of the First Indictment that have been fulfilled, namely by fulfilling the minimum limit of evidence and obtaining the judge's conviction, for which the Panel of Judges imposes a criminal sentence in the form of a principal penalty in the form of a fine and additional punishment in the form of payment of replacement money and the revocation of the defendant's rights to participate in the auction of government goods/services procurement.

JURIDICAL REVIEW OF LAW ENFORCEMENT OF THE MEDICAL CODE OF ETHICSQAGAINST THE DOCTORWHO COMMITS MALPRATIC ACTS MEDICAL

Formulation in this research is: (1) Indonesian Medical Code of Ethics? (2)Judges Considerations in Deciding Case Tagainst Doctors Who Commit Medical Malpracticebased on Decision Number1441/Pid.Sus/2019 /PN.Mks?. The method used is qualitative descriptive with data sources obtained from laws, books, journals and related articles. The results of this research are: In relation to violations of the code of ethics, in health law there are several ethical theories that can be used as a basis for consideration in making a decision to violate the code of ethics for the medical profession. There are three types of ethical theories that are widely known in the health aspect: Classical Ethical Theory, value ethical theory, Contemporary Ethical Theory. Decision 1441/Pid.Sus/2019/PN. Max. regarding malpractice, the perpetrator was acquitted by the judge, the perpetrator was charged with Article 79 letter c in conjunction with Article 51 letter a of Law Number 29 of 2004 concerning Medical Practice and Article 360 ​​paragraph (1) of the Criminal Code, because it was based on the chronology of events, documentary evidence, witness statements and the defendants statement. in this case it has fulfilled the elements contained in the statutory regulations.

학교폭력 사안 처리 제도에 관한 연구

The School Violence Countermeasures Review Committee is held for the purpose of fostering students into healthy members of society through the protection of the victims and the guidance and education of the perpetrators. Currently, there are many problems before the school violence case is received and the council's action is decided. For example, after receiving a case of school violence, an administrative lawsuit will be filed if the victim, the perpetrator, or the parents take a sensitive attitude toward the other student, or if they do not agree to the action by notifying the students or parents of the School Violence Countermeasures Review Committee in writing. In this study, we intend to derive problems that are currently occurring at each stage of the school violence case handling process and seek improvement measures. To this end, a survey was conducted on the members of the school violence council on their perception of problems occurring in the school violence case handling system. The collected questionnaire data was classified into open coding, axis coding, and selective coding based on the statements of the study subjects, and the analysis data was categorized into the stages of the school violence case handling system. Finally, problems were derived based on the categorized contents. First, it was found that the initial problem of receiving school violence and checking the facts was insufficient to guide the victims, perpetrators, and guardians on the process of handling the case after receiving school violence. In addition, psychological counseling was not provided to the victim during the initial investigation process, and the perpetrator was branded as a separate measure from the victim. Second, the problem in the investigation stage of the school violence case was that the investigation into the victim and the perpetrator was delayed, and the attachment of witness statements related to the case was insufficient. In other words, it was found that there was a lack of objective data collection to support the statements of students on both sides. Third, even the smallest matter for the principal to draw conclusions was often referred to the council, and problems often occurred at the deliberation of a dedicated agency and the principal's own decision stage. Fourth, in the process of deliberating on school violence, it was found that it was difficult to judge the case and decide on action when the statements and evidence collected during the first and second investigations were insufficient. This study has a limitation in that it only collects opinions from some local deliberators. However, this study is meaningful in that it derives problems and suggests alternatives to the school violence case handling system.

PROOF OF THE CRIME OF MURDER REGARDLESS OF THE USE OF FORENSIC AUTOPSY EVIDENCE (Kendari District Court Study)

In essence, evidence in criminal cases is an effort to provide evidence through tools that can prove a case and its allegations, one of which is forensic autopsy evidence which is used as evidence. In fact, forensic autopsy evidence is very important in criminal homicide cases because it can confirm a person's death carried out by a forensic autopsy expert and speed up the court process. The aim is to prove the KUHAP evidentiary system through forensic evidence, and determine the value of forensic evidence in murder, and use it as expert testimony, this is also used as a basis for the judge's decision against the defendant. The research carried out is empirical legal research using an empirical approach from secondary data by managing primary, secondary and tertiary legal materials. Based on the research results, first we have to know that every country definitely has laws or regulations that apply in each country. As in murder cases, if witness statements are not always correct, judges really need forensic autopsy evidence as expert testimony, and it is rare to find witnesses who directly witnessed the crime of murder, and this becomes an obstacle for judges. Then in murder cases, many families do not want to have a forensic autopsy done. The meaning of a forensic autopsy is to find the true case and look for the causes that caused the person's death. Then, for clues and truth, a forensic autopsy must be carried out to achieve justice.

Tinjauan Yuridis Terhadap Putusan Bebas Pelaku Pemerkosaan Anak di Lubuk Basung

J.E. Sahetapy argued that crime is a product of culture, evolving to become more modern and complex. Children, as future leaders, require guaranteed rights and protection as regulated in Indonesia's laws, including the Criminal Code and the Child Protection Law. However, violations like sexual violence by those closest to them, such as parents, persist. This research examines cases of sexual violence against children by biological parents, focusing on Supreme Court decisions. Using normative juridical methods and a statutory approach, the study analyzes the legal aspects of these cases. Findings reveal that despite evidence, defendants were acquitted due to the judge's doubts about witness statements and existing evidence, applying the in dubio pro reo principle. This decision has sparked debate for potentially setting a harmful precedent and hindering child protection enforcement. The study underscores the need for more responsive and appropriate legal implementation to achieve justice and optimal protection for child victims of sexual violence.

Who bit the boat? New DNA collection and genomic methods enable species identification in suspected shark-related incidents

Species identification following shark-related incidents is critical for effective incident management and for collecting data to inform shark-bite mitigation strategies. Witness statements are not always reliable, and species identification is often ambiguous or missing. Alternative methods for species identification include morphological assessments of bite marks, analysis of collected teeth at the scene of the incident, and genetic approaches. However, access to appropriate collection media and robust genetic assays have limited the use of genetic technologies. Here, we present a case study that facilitated a unique opportunity to compare the effectiveness of medical gauze readily available in first-aid kits, and forensic-grade swabs in collecting genetic material for shark-species identification. Sterile medical gauze and forensic-grade swabs were used to collect transfer DNA from the bite margins on a bitten surf ski which were compared to a piece of shark tissue embedded along the bite margin. Witness accounts and the characteristics of the bite mark impressions inferred the involvement of a Carcharodon carcharias (white shark). The morphology of a tooth found on the boat that picked up the surf ski, however, suggested it belonged to an Orectolobus spp. (wobbegong). Genetic analysis of DNA transferred from the shark to the surf ski included the application of a broad-target nested PCR assay followed by Sanger sequencing, with white shark contribution to the ‘total sample DNA’ determined with a species-specific qPCR assay. The results of the genetic analyses were congruent between sampling methods with respect to species identification and the level of activity inferred by the donor-specific DNA contribution. These data also supported the inferences drawn from the bite mark morphology. DNA from the recovered tooth was PCR amplified with a wobbegong-specific primer pair designed for this study to corroborate the tooth’s morphological identification. Following the confirmation of gauze used for sampling in the case study event, two additional isolated incidents occurred and were sampled in situ using gauze, as typically found in a first-aid kit, by external personnel. DNA extracted from these gauze samples resulted in the identification of a white shark as the donor of the DNA collected from the bite marks in both instances. This study, involving three incidents separated by time and location, represents the seminal application of gauze as a sampling media after critical human-shark interactions and strongly supports the practical implementation of these methods in the field.

Criminal Liability for Defendants Who Commit Crimes in the Field of Medical Practice

Physicians and dentists knowingly practising medicine without a practice license are subject to penalties under Article 76 of Law Number 29 of 2004 concerning Medical Practice. These penalties can include up to three years in prison or a fine of up to IDR 100,000,000..00 (one hundred million rupiah). The defendant, Putri Regita Yuniar, was referred to as Putri Binti, the late Edward Sebastian, in Decision Number 598/Pid.Sus/2022/PN.Pdg. The problem is formulated as follows: First, based on Decision Number 598/Pid.Sus/2022/PN.Pdg, what factors does the court consider when rendering a criminal decision for offences in the medical practice area? Second, according to Decision Number 598/Pid.Sus/2022/PN.Pdg, what is the criminal liability of defendants who commit offences in the medical practice area? This research's specifications are descriptive. This thesis was written using a normative juridical method. This study exclusively employed secondary data sources. The collected data was given descriptively after undergoing qualitative analysis. The following conclusions can be drawn from the research and discussion: first, the judge's factors when rendering a criminal decision for criminal acts in the medical practice area are classified as non-juridical factors, which include the defendant's aggravating and mitigating circumstances, and juridical factors, which are based on information presented during the trial, including the public prosecutor's indictment, witness statements, and the defendant's statements. Second, the defendant Putri Regita Yuniar, also known as Putri Binti, the late Edward Sebastian, was condemned by Law Number 29 of 2004 concerning Medical Practice, Article 78 in connection with Article 73 paragraph (2).

OBTAINING TESTIMONY OF A WITNESS IN CONDITIONS THAT ENSURE HIS SAFETY IN CRIMINAL PROCEEDINGS

The scientific article is devoted to the study of procedural, organizational-tactical and psychological features of obtaining witness statements in conditions that ensure his safety in criminal proceedings. It was concluded that the tactics of obtaining statements during the interrogation of a witness at the stage of pre-trial investigation are formed depending on the typical interrogation program of a person who is in the status of a witness (eyewitness, witness, expert, whistleblower, confidant, etc.), his age, and depends on the investigator situations in specific criminal proceedings, from real and potential threats to such persons, their relatives and relatives. It is noted that in the case when there are sufficient grounds to believe that the life, housing, health, property of the witness, his family and relatives are in danger, his interrogation should be conducted in conditions that ensure the confidentiality of personal information. It is emphasized that when deciding on the question of conducting an interrogation of a witness, it is worth giving priority to the safety of the witness, his family and friends, without risking the loss of potential evidence. Arguments are given that, for tactical reasons, it is expedient to question a witness in a court session by an investigating judge during a pre-trial investigation, or in the mode of a video conference using technical means from another room, in particular outside the court premises, to ensure the confidentiality of personal information. It was emphasized that obtaining objective information from minors and ensuring their safety at the same time depends on the skillful organization by the investigators of the procedure of questioning such a witness with the participation of a legal representative and a psychologist, as well as taking measures to ensure the confidentiality of information about the minor. In cases where a witness declares illegal influence after testifying, in order to keep information about his identity confidential, it is advisable to conduct the interrogation again with the assignment of the pseudonym of the participant in the investigative (search) action to the witness. In order to expand the procedural capabilities of the witness and his representative, in particular with regard to ensuring the safety of the witness due to the existence of a danger to life and health, the position is advocated for granting the right to the witness and his legal representative to apply to the investigating judge with a request to interrogate such a person in a court session in order Art. 225 of the Criminal Procedure Code of Ukraine, in particular the simultaneous interrogation of two or more already interrogated persons.

Implementasi Hak Nafkah ‘Iddah Istri Dalam Perkara Cerai Gugat berdasarkan PERMA No. 3 Tahun 2017

The purpose of this study is to find out how the implementation of PERMA No. 3 of 2017 in divorce cases at the Curup Religious Court and to find out the considerations of the Curup Religious Court judges in the decision of case number 383/Pdt.G/2022/PA.Crp. This research is a field research with a type of Case study. The results of the study are as follows: First, the implementation of PERMA No. 3 of 2017 is applied by judges in every case related to women absolutely and is used as a reference during trials; The implication of PERMA for divorce cases is that the wife's 'iddah right can be fulfilled if the wife asks for her 'iddah right in the lawsuit and the fulfillment of the 'iddah right creates a sense of justice for the wife. Second, the judge's consideration in deciding case 383/Pdt.G/2022/PA. Crp is: the evidence presented by the plaintiff in his suit which is corroborated by witness statements and the absence of the defendant during the trial; consideration that case 383/Pdt.G/2022/PA. CRP occurred because the husband did something bad to the plaintiff, the defendant cheated, committed domestic violence and did not provide for 7 years; Based on the facts of the trial, the panel of judges held that the wife was not proven to be nusyuz so that the wife was entitled to her 'iddah rights in accordance with what was mandated in SEMA No. 3 of 2018.

Nonepisodic autobiographical memory details reflect attempts to tell a good story.

A persistent finding in the autobiographical memory (AM) literature is that older adults report more nonepisodic (or generalized/semantic) information than young adults. Since studies are usually focused on memory for episodic (or specific) autobiographical events, the reason for the age difference in nonepisodic AM remains understudied. This experiment investigated whether the higher rate of nonepisodic AM in older adults reflects (a) a difference incommunicative preferences or (b) cognitive decline, by way of either an inhibition deficit or as a means of compensating for a deficit in episodic AM. A sample of 54 young (N = 28, age range = 18-46) and older (N = 26, age range = 62-86) participants retrieved the same AM twice, under two different sets of instructions: to tell a good story for their autobiography, or to provide a detailed police witness statement. Both groups reported more general details when they were aiming to tell a good story. In addition, older adults also reported fewer specific details when the aim was to tell a good story. In a separate ranking task, young and older adults differed in their perceptions of what makes a good story; young adults ranked "detail," "grammar," and "full descriptions" more highly than older adults, whereas older ranked "linking ideas" and "explaining not just describing" more highly than young adults. The results suggest that age-related differences in nonepisodic AM might be explained by communicative preferences rather than cognitive decline. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Performing ignorance of state violence in Aotearoa New Zealand

In 2019, the New Zealand government established a Royal Commission of Inquiry into Abuse in Care to investigate the abuse and neglect of children, young people and vulnerable adults in Aotearoa/New Zealand between 1950 and 1999. The public hearings, witness statements and interim reports have charted horrific violence by state and faith-based workers including torture, sexual assaults, serious physical violence, and layers of neglect and discrimination. Māori have been especially targeted as victims of abuse and harms. This article considers the multiple layers of ignorance-making from state representatives. It shows how state agencies have navigated Commission hearings through 10 strategies that demonstrate some acknowledgement of their offending and trauma-making while simultaneously minimising their responsibility and resecuring their institutional legitimacy as protectors of the vulnerable and saviours of Te Tiriti (the Treaty of Waitangi), ethics and integrity. This careful performance stands at odds with the ongoing layers of violence and harms in state care.