Eyewitness Testimony Research Articles

Facial Recognition for Criminal Identification using Convolutional Neural Network

The process of identifying and recognising the criminal is the time consuming and difficult task. There are several ways to identify culprits at the crime site, including fingerprinting, DNA matching, and eyewitness testimony. The criminal face identification system will be built on a existing criminal database. The method for identifying a human face using features extrapolated from an image is presented in this study. The technique for identifying a human face using characteristics extrapolated from a picture is presented in this research. It is quite difficult to develop a computer model for recognizing the human face since it is a complicated multidimensional visual representation. The video captured by the camera will be translated into frames as part of the suggested process. To increase detection accuracy, this suggested a Binary Gradient Alignment (BGA) algorithm a description texture classification technique. When a facial feature is detected in an image frame, it undergoes pre-processing to eliminate unnecessary data and reduce unwanted distortions. The real- time processed image is compared to the trained images that have previously been saved in the database. The technology will send an automatic email notice to the police officials if the surveillance camera detects a criminal.

Рукопись князя С. И. Шаховского из собрания российской государственной библиотеки: содержательный анализ

Introduction. The article is a brief substantive analysis of the handwritten collection of works by Prince Semen Shakhovskoy. The collection consists of several dozen works of various genres, including historical, hymnographic, religious and philosophical, etc. The relevance of text analysis lies in obtaining a more complete understanding of the development of events of the period under study to which the manuscript belongs, including the Time of Troubles, through the restoration of biography and eyewitness testimony. Materials and methods. The main source of the work was a manuscript dating from 1652 from the collections of the Russian State Library, as well as its alleged copy (F. 173.1 No. 213 and No. 214). When writing the article, the following methods were used: the biographical method gave a clearer understanding of the life path and personality characteristics of Shakhovskoy; the paleographic method allowed to determine the distinctive features of the manuscript itself; the descriptive method allowed to reveal its content and classify the presented works. This classification is proposed for the first time. Results. The author managed to identify 5 types of texts in the collection: prayer, theological, hymnographic, historical and epistolary (epistles). An indication is also made of the preservation of authorship and the formation of a corpus of works for the memory of subsequent generations. This tradition, in many ways, was laid down by Maxim the Greek, references to whose works are in the Shakhovsky manuscript. Conclusion. Prince and voivode Shakhovskoy devoted his whole life to public service, but he gained the main fame thanks to the works that became historical and literary property. The collection under study does not contain all the works of Shakhovskoy known to researchers, but probably those that were of the greatest value to the author.

The Connecting Point of DNA and BPA Expertise of Bloodstained Objects

During trials, eyewitness testimony is often deemed unreliable or biased, and then physical evidence becomes crucial for the conviction of the perpetrator. Crime-scene investigators identify items of interest at a crime scene, usually items such as bloodstained clothing and footwear which are transported to a forensic laboratory for further testing.

The Art of Conjecture: A Window into the Heart

In 1561, Francesco Casoni published De arte, ac ratione in criminum causis disserendi, a dialogue that offered judges a rigorous method of investigation in criminal cases in which eyewitness testimony or a confession was lacking. Typically, in such cases, judges relied on their own personal arbitrium (discretion) in deciding whether to remand defendants to torture or sentence them to the gallows. Drawing not only on Aristotelian logic and classical rhetorical theory but also on the works of contemporary philosophers, Casoni used his dialogue to lay out a rigorous interpretative methodology. To Casoni, the careful elaboration of inferences, along with the proper use of loci, and a reasoned interpretation of signs (both natural signs and signs of conscience) enabled judges to read, through the opaque surfaces of the body, the interior states of those brought into their courts on suspicion of crimes—and to do so without resorting to torture.

Explorando a Complexa Relação entre Confi ança e Desempenho de Memória nas Práticas Jurídico-Criminais

The relationship between confi dence and accuracy has been the focus of memory research for over a century. As a result, several studies have indicated it as a dynamic, complex, and multifaceted relationship. Although the topic is controversial, confi dence is still commonly used in forensics as a predictor of memory accuracy. However, the literature shows that the interaction between confi dence and accuracy can be aff ected by various factors, making it diffi cult to establish direct and linear relationships between them. Therefore, the goal of this article is to discuss the specifi cities of such a complex interaction. To achieve this, we conducted a narrative review examining the main methods used to analyze the interaction between confi dence and accuracy, as well as the main variables that infl uence it. In addition, the article includes a theoretical discussion followed by a discussion of the practical implications in everyday legal-criminal practices, with a special focus on the Brazilian context. Although confi dence is still used as an indicator of the veracity of testimony, it is important to consider that this relationship is aff ected by several factors, highlighting the need for caution when interpreting accuracy and confi dence data.Keywords: Memory, confi dence, accuracy, recognition, eyewitness testimony

Ethical Expert Witness Testimony.

Forensic nurses are routinely called upon to provide expert consultation and witness testimony. Nearly half of the enumerated standards in the Forensic Nursing Scope and Standards of Practice reference competencies directly related or complementary to ethical testimony. Requests from the field, coupled with the increasing opportunities for forensic nurses to serve as expert witnesses, necessitate the development of clear parameters for ethical expert witness testimony.

Migrationsgeschichte aus Kinderperspektive. Einsatzmöglichkeiten des Buchs «Verbotene Kinder: Die Kinder der italienischen Saisonniers erzählen von Trennung und Illegalität» von Marina Frigerio im Geschichtsunterricht der Sekundarstufe I

The article outlines a lesson unit on the topic of migration history for secondary level I which deals with biographical self-presentations of children of Italian seasonal migrants. Based on these individual cases from the context of Switzerland between 1950-1990, students develop an understanding of the effects of (seasonal) migration on families and especially on the children of migrants as well as their scope for action. In addition, students train their skills in analyzing testimonies of witnesses. With a research task about « forbidden children » in Switzerland today, they establish a connection to their present living environment.

Maximum Entropy Principle Based on Bank Customer Account Validation Using the Spark Method

Bank customer validation is carried out with the aim of providing a series of services to users of a bank and financial institutions. It is necessary to perform various analytical methods for user’s accounts due to the high volume of banking data. This research works in the field of money laundering detection from real bank data. Banking data analysis is a complex process that involves information gathered from various sources, mainly in terms of personality, such as bills or bank account transactions which have qualitative characteristics such as the testimony of eyewitnesses. Operational or research activities can be greatly improved if supported by proprietary techniques and tools, due to the vast nature of this information. The application of data mining operations with the aim of discovering new knowledge of banking data with an intelligent approach is considered in this research. The approach of this research is to use the spiking neural network (SNN) with a group of sparks to detect money laundering, but due to the weakness in accurately identifying the characteristics of money laundering, the maximum entropy principle (MEP) method is also used. This approach will have a mapping from clustering and feature extraction to classification for accurate detection. Based on the analysis and simulation, it is observed that the proposed approach SNN-MFP has 87% accuracy and is 84.71% more functional than the classical method of using only the SNN. In this analysis, it is observed that in real banking data from Mellat Bank, Iran, in its third and fourth data, with a comprehensive analysis and reaching different outputs, there have been two money laundering cases.

Prevalence of Sexual Violence in Higher Education Institutions based on Witness Testimony

This research aims to assess the prevalence of sexual violence in higher education as initial exploratory data based on data from witnesses or individuals who have seen or are aware of sexual violence in the campus academic community. Respondents in this research were lecturers, students, education staff, the public in a university environment with a total of 101 respondents who had seen or been witnesses to sexual violence. This research uses incidental sampling. The methodology used is a descriptive quantitative method. Data analysis using SPSS 24. Victims of sexual violence are dominated by women, most sexual violence occurs in verbal and physical form, most sexual violence occurs outside the campus environment compared to inside campus even though the victims are campus academics, The implication of this research is education and awareness of the academic community regarding the prevention and handling of sexual violence in higher education, especially students so that they do not become victims. Apart from that, witnesses of sexual violence should be more courageous in reporting sexual violence and voicing for a campus more that is safe and free from sexual violence.

Appeal of notarial deeds or refusal to perform them in court in Ukraine: historical and legal aspect of study (middle of the 14th - middle of the 17th century)

The article is devoted to judicial control over notarial activity during the Polish-Lithuanian rule on Ukrainian lands (mid-XIV - mid-XVII centuries).
 The importance of conducting historical and legal studies of the institution of challenging notarial acts or refusal to perform them before the court is noted. The prerequisites for the formation of the notary institution in the specified time period are studied. In particular, it is indicated that the intensification of commodity-money relations led to the growth and development of various contractual forms of economic transactions. The practice of concluding contracts and other transactions in writing is gradually spreading, especially when the state begins to demand it. But private acts in Poland during the 14th and 15th centuries, and in Lithuania until the middle XVI century were treated as secondary evidence in contrast to witness statements. However, the situation is gradually changing with the emergence of the so- called "right of eternity”, which was expressed in the fact that a certain private document entered in the court record book received not just legal force, but became indisputable evidence in the event of a dispute in the future. It was not required to confirm or deny it with the testimony of witnesses.
 The legal status of officials who, along with their main powers, were called to exercise powers of a notarial nature are being investigated. It is concluded that in this case it is not possible to talk about the introduction of the notary as an independent institution, since the official was primarily entrusted with the duties of performing the powers that were determined by his position (the voivode managed the voivodship, the headman managed the county, judges judged, the court clerk recorded procedural actions, etc.). The specified officials were at different levels of management and had different legal status. The resulting situation determined the peculiarity of judicial control over the activities of officials who recorded private acts in court books or made extracts from them. In particular, criminal or civil liability was assumed for improper maintenance of court books. On the basis of this, it is concluded that within the framework of criminal and civil legal means it was possible to control the behavior of officials who entered private acts in court books or made an extract from them. But this does not confirm the presence in the legislation of an independently developed procedure, not related to the imposition of criminal or property liability, the purpose of which would be exclusively to check the legality of the notarial action taken or its refusal.

Genesis of national legislation and scientific thought development regarding criminal liability for perjury

One of the ways to mislead a court or other authorised body is to provide deliberately false testimony by a witness or victim, for which the legislator provides for criminal liability in Article 384 of the Criminal Code of Ukraine. Based on the social danger of this criminal offence, which is an encroachment on the lawful procedure for the administration of justice, in particular, ensuring the rule of law, legality in the procedural activities of courts, law enforcement agencies, and other institutions entrusted with the enforcement of court decisions, the importance of ensuring a high-quality investigation of these criminal offences has been emphasised. The purpose of the study is defined as clarification and generalisation of theoretical concepts of the emergence and historical development of the peculiarities of criminal liability for knowingly false testimony of a witness and a victim, and outlining the areas for improvement of modern scientific knowledge on this issue.
 The article analyses certain aspects of the development of national legislation on criminal liability for perjury of a witness and a victim. The author summarises the theoretical developments of scholars whose research focused on the issues of criminal liability for committing criminal offences of this type, as well as the procedural features of obtaining witness and victim testimony, and the specifics of their verification and evaluation. Given the above, the article assesses the development of scientific thought in this regard, and outlines the prospects for further research in the context of determining the grounds and specific features of criminal prosecution of persons who have induced or forced a witness and a victim to give false testimony. The author describes the current state of scientific support for the organisational and tactical principles of investigation of criminal offences of this type, as well as the procedural aspects of obtaining testimony, its verification and evaluation.

Application of Child Witness Statements in Evidential Examinations in Criminal Cases

Children are a vulnerable group that requires special protection, including in the criminal law process. This study aims to analyze the enactment of child witness testimony in the examination of criminal case evidence. The research method used in this research is empirical juridical research. The data collection technique in this research is a literature study exploring journals, books, laws, and other relevant information. The data that has been collected is then analyzed using three stages, namely data reduction, data presentation, and conclusion drawing. The results showed that the enactment of child witness testimony in examining criminal case evidence is essential in the investigation, prosecution, and trial examination. However, Article 171 of the Criminal Procedure Code states that children who are not yet 15 years old and have never been married may be examined to provide information but may not be sworn in. The Testimony of minors is considered incompletely accountable in criminal law. Therefore, they cannot be taken under oath or promise, and the Testimony of child witnesses is only used as guidance. This is by the provisions of Article 185 paragraph (7) of the Criminal Procedure Code, which states that the Testimony of witnesses who are not sworn in, even if it is by one another, does not constitute evidence. However, the Testimony is the Testimony of a sworn witness. In that case, it can be used as an addition to other legal evidence.

Deceptive Debauchery: Secret Marriage and the Challenge of Legalism in Muslim-Minority Communities

“Secret Marriage” is a category accommodating a range of arrangements that seek to conceal a marital union, typically from an existing spouse, the family of the bride or groom, a segment of the community, or the state. These contentious unions have seen an upsurge in recent times in Muslim-majority countries, and, more recently, in minority-Muslim communities in the West. This essay examines the phenomenon in minority communities using three interrelated lenses of analysis: the legal, the moral, and the socio-institutional. Taking this multi-faceted approach, in this essay, I first examine the legal doctrines of the four Sunni schools of law on the requirement of publicity and witness testimony in marriage before situating that legal discussion about contractual validity within a comprehensive analysis of the broader moral and religious legitimacy of entering into a secret union. I argue that while jurists stipulate disparate minimums for contractual validity, nearly all secret marriage arrangements are nonetheless considered invalid (fāsid), meaning they are incorrectly conducted by failing to meet the required conditions for the contract to produce its legal effects (ṣiḥḥa) and are also prohibited (ḥarām) in themselves or for their entailments, meaning contracting such a marriage is sinful and entails punishment. As I show, even as some jurists may make arguments that may seem to imply that some versions of secret marriage meet the basic conditions to make them technically valid, these same jurists nonetheless argue that such marriages are immoral, religiously deficient, unbecoming of a Muslim, and little more than a pretext for illicit sex. Apart from the theoretical question of whether a secret marriage meets the conditions of contractual validity, parties to a secret marriage in Muslim communities today further engage in a number of sins and transgressions and cause harms to spouses, children, parents, extended family, and the community that must also be reckoned with. The essay concludes with recommendations for how religious authorities can take steps towards regulating marriage in minority-Muslim communities, highlighting the need for public education on Muslim marriage practices that is embedded in a deeper religious morality centering the Sunna to counteract the dominant legalism in the Muslim community that underlies numerous contemporary dilemmas.

TYPES OF EVIDENCE IN CRIMINAL CASES OF CHILD SEXUAL ABUSE

The research aim is to establish the most substantial types of evidence in child sexual abuse crimes, to study and analyse the legal regulations of evidence types and to identify the issues. The research explores the interpretation, types, and features of the notion of evidence. By summarising legal precedents in criminal cases of child sexual abuse, substantial types of evidence in sexual abuse crimes are established. Issues concerning the differentiation of the types of evidence are identified. Within the research, it has been concluded that substantial evidence in sexual abuse crimes against a child is the testimonies of the child victim, witness testimonies, psychologist and expert opinions, physical evidence.

Anonymous witnesses and the accused's right to a fair trial

Introduction. The article examines the question of the questioning of anonymous witnesses, the use of their testimony at the stage of the trial in the context of the suspect’s or accused’s right to a fair trial. The criteria that allow to make a decision on granting anonymity to a witness in criminal proceedings are defined and three categories of anonymous sources are distinguished, such as statements of absent witnesses, statements of anonymous witnesses, statements of hidden or classified witnesses. Summary of the main results of the study. The author refers to the criteria developed by the practice of the European Court of Human Rights on the issue of both the participation of anonymous witnesses during the trial and the use of the testimony of absent witnesses, which will ensure the fairness of the trial. Based on the practice of the ECtHR, three categories of anonymous sources have been identified, the testimony of which the ECtHR should consider as sources of evidence, and, accordingly, give them an assessment: they include: absent witnesses, anonymous witnesses, hidden or classified. Balancing factors that should allow for a fair and proper assessment of the credibility of evidence obtained from absent, anonymous, hidden or classified witnesses are given in order to prevent violations of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms. Conclusions. The legislation of European countries allows investigations to be carried out with the help of anonymous sources. Considerable attention is paid to this issue in the normative acts of the European Union, in particular in the Convention on the Protection of Human Rights and Fundamental Freedoms, the Committee of Ministers of the Council of Europe, decisions of the ECtHR, etc. This is relevant from the point of view of the formation of domestic criminal procedural practice, since it clearly and consistently establishes the standards of admissibility as evidence from such witnesses, creates guarantees that national courts will observe the right of the accused to a fair trial on the one hand, and for anonymous witnesses - the right to safety - on the other hand.

Recovered memories of trauma as a special (or not so special) form of involuntary autobiographical memories.

Recovered memories of trauma are memories of traumatic events experienced generally during childhood, but of which the persons were unaware until they retrieved it. Legal decisions are sometimes based on such recovered memories, the validity of which is often questioned. Yet, people can recover genuine traumatic memories of childhood abuse. In this paper, we present and further discuss the idea that recovered traumatic memories can be interpreted in the context of the autobiographical memory framework. Specifically, we argue that recovered memories may be accessed after exposure to incidental cues that initiate unexpected spontaneous memory retrieval. Thus, we relate the recovered memory phenomenon to involuntary autobiographical memories and argue that it is an example of highly stressful, emotionally negative, and intense involuntary memories that were yet never recalled. This novel, evidence-based perspective leads us to reconsider the examination of the validity of eyewitness testimony as a continuum ranging from the least valid form (i.e., memories recovered in highly suggestive context facilitating its factitious reconstruction) to the most valid form (i.e., memories that were triggered by cues without any person's voluntary engagement), and this in relation with how internal (e.g., age and internal cue) or external (e.g., suggestion in therapy, suggestion during investigative interview, and contextual cue) factors may influence memory retrieval. Finally, we propose several recommendations for experts that may be useful in assessing the validity of a testimony based on recovered memories.

Daubert and the Effect on Biological Profile Research

As a core component of casework, methods for estimating the biological profile must meet current legal standards to be admissible as part of a forensic anthropologist’s expert witness testimony. Since the 1993 US Supreme Court Daubert decision, forensic anthropologists have voiced concern that methods relying on subjective or qualitative data might now be at risk of judicial exclusion. This research used a bibliometric approach to assess whether current forensic anthropology research has shifted toward the use of more objective and/or quantitative data. Forensic anthropology articles published in the Journal of Forensic Sciences between 1972 and 2020 were reviewed (n = 1,142), with data collected on each article’s topic, use of different data types, and inclusion of observer error studies. A subset of articles focusing on methods for estimating the four main parameters of the biological profile (age, sex, ancestry/population affinity, stature) was analyzed using chi-square tests for trend in proportions. Age and sex estimation articles showed a significant shift toward more quantitative data (p < 0.001), although no biological profile subtopic showed a significant shift toward more objective data. While this may seem to be a surprising result, a deeper review of current legal standards and standards of practice suggests that Daubert does not require significant changes to how forensic anthropologists approach research design and method development. So long as the principles of good science are followed, the continued reliance on qualitative data should not be a concern from the standpoint of evidentiary admissibility.

Nirxandina Giştî li Ser Ziman û Naveroka Pirtûka Tarîxa Erdelan

Mesture Erdalanî’nin (1804-1847) Farsça kaleme aldığı Tarih-i Erdelan isimli kitabı konusu, yazım tekniği, yazarının kadın olması gibi çeşitli nedenlerden dolayı büyük bir öneme haizdir. Birçok araştırmacı ve yazar bu kitabı edebi ilimler, tarih, sosyoloji vb. gibi alanlarda farklı açılardan incelemeye çalışmışlardır. Bu çalışmalar sonucunda araştırmacılar, kitabın edebi yönünün çok daha güçlü olduğu kanaatine varmışlardır. Kitapta şiir dizelerinin, ayet ve hadislerin yer alması, birçok cümlenin edebi sanatların kullanıldığı nesir cümleler şeklinde olması onun akıcılığını ve okunurluğunu önemli kılmıştır. Mesture Erdelani, Tarih-i Erdelan’ı yazarken eski kaynakların yanı sıra, sözlü kaynaklardan ve görgü tanıklarının ifadelerinden de yaralanmıştır. Tarihi olayları anlatırken, ayrıntıya girmeden genellemelerle yetinmiştir. Yazar kitapta Sine (Senendec) şehri ile ilgili çeşitli sosyolojik olgulara değinmiş olsa da Sine şehrinin gelenek-görenek, giyim kuşam gibi olgulara değinmemiştir. Ayrıca yazarın itikadî açıdan mensup olduğu Eş’arî ekolünün bakış açısı hem kitaptaki rivayetlerde hem de anlatımında etkili olmuştur. Anahtar Kelimeler: Mesture Erdelani, Tarih-i Erdelan, Edebiyat, Coğrafya, Mezhep.

Role of Eyewitness Testimony in Criminal Trials

The role of eyewitness in the justice delivery system is important, but many times it leads to wrongful convictions of innocent persons who knows nothing or were not present at the crime scene, or maybe a passerby, or is in no way related to the offense committed. As an eyewitness, he or she is supposed to foresee the applicability of the testimony to be delivered if it will be useful for the conviction of the right person or that of the accused. An eyewitness can also be misleading and mistake something for another, especially when the probability of foreseeing the offender is not clear and precise.

ANALISIS PUTUSAN NOMOR 85/PID/SUS/ 2022/PN.JAP TERHADAP PUTUSAN BEBAS TINDAK PIDANA NARKOTIKA

In Decision Number 85/Pid.Sus/2022/PN.Jap, defendant Samuel Julian Yoku was acquitted by the Panel of Judges at the Jayapura Court. Despite the seizure of 61.84 grams of narcotics from the defendant, the defendant's actions actually violated Article 11 paragraph (1) in conjunction with Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, as there were no users involved. This research is of a normative juridical type and descriptive in nature, utilizing secondary data and qualitative analysis to draw deductive conclusions. The research discussion results reveal that the considerations of the Panel of Judges in granting acquittal to the accused should have taken into account the consequences of the defendant's deliberate purchase of narcotics. The conclusion of this study is that the judge's considerations did not adequately uphold the principle of legality, as the defendant, based on the trial's disclosed facts, possessed cannabis-type narcotics and was supported by witness testimonies presented during the trial.