Witnesses In Court Research Articles

A forensic visual aid: Traces versus knowledge

In this paper, I introduce the Forensic Field Map (FFM) that provides a two-dimensional view on the forensic field. This field is by definition very broad, encompassing a wide range of scientific areas and activities. The forensic work that supports solving criminal cases ranges from recognizing and preserving traces at crime scenes to explaining forensic results as expert witness in court. This goes hand in hand with the development of scientifically based methods and tooling as well as legal, forensic and laboratory procedures. Although the FFM came into being while developing a (visual) framework for digital forensic investigations, the framework turned out to be generically applicable to other forensic disciplines.

Self-Authentication Generally: Certifications Under The Confrontation Clause; Confrontation Clause Application Summary

Self-Authentication Generally: Certifications Under The Confrontation Clause; Confrontation Clause Application Summary

The Construction of the Catholic Church in Nikolsk-Ussuriysky (Ussuriysk) in the Light of the Russian State Historical Archive of the Far East in Vladivostok

The article presents documents pertaining to the construction of a Catholic church at Ussuriysk, kept in the Russian State Historical Archive of the Far East in Vladivostok. The documents span the period between 1912 and 1921. They reveal that the Municipal Duma of Ussuriysk was in favour of the construction of a Catholic church in the town; this could be concluded from the fact that they gave free of charge a lot of land to the community of Catholics for that purpose. But the church was built on the lot belonging to a local entrepreneur, a certain Feliks Steckiewicz, for it was more suited to the needs of the Catholics due to its central location in the town. Initially Steckiewicz declared his intention to give the land to the Catholic parish. And because he was held in high esteem by the local community, he was put at the lead of a committee for the construction of the church. This made it possible for him to spent money collected by the faithful without any control. A conflict within the committee started when its members demanded financial reports. Steckiewicz never presented a financial statement; in addition, he withdrew his donation of land and demanded that the Catholic parish paid him for the church building constructed on his lot.Archival documents disprove the thesis, popular in the literature on the subject, that Steckiewicz’s actions were motivated by his fear of a growing strength of the Bolsheviks in Primorsky Krai and a possibility of nationalisation. The reasons for his actions were more mundane – his character that made it impossible for him to reach an agreement with the committee, and financial matters. This seems all the more probable in the light of testimonies of witnesses in court. They emphasised that Steckiewicz withdrew his donation of land to the church only after the committee requested financial reports and tallies of his expenses. It seems, therefore, that the local Polish community quarrelled not for political reasons, but financial matters related to the construction of a church. Дело о строительстве католического костела в Никольск-Уссурийском (Уссурийске) в свете документов из Российского государственного исторического архива Дальнего Востока во ВладивостокеВ статье были представлены документы, касающиеся строительства католического костела в Уссурийске (Никольск-Уссурийском), которые находятся сейчас в фондах Российского государственного исторического архива Дальнего Востока во Владивостоке. Документы охватывают период с 1912 по 1921 г. Из них следует, что Городская дума была благосклонно настроена к строительству католического костела. Об этом свидетельствует, хотя бы то, что она бесплатно передала участок католической общине для строительства на нем храма. Однако костел построили на участке Ф. Стецкевича, местного предпринимателя, так как его земля в большей степени отвечала потребностям католиков благодаря своему расположению в центральной части города. Ф. Стецкевич изначально изъявлял желание передать недвижимость католическому приходу. Благодаря уважению местных католиков, он также возглавил комитет по строительству костела. Находясь на этом посту, он мог без какого-либо контроля тратить деньги, собираемые среди верующих. Конфликт в комитете начался, когда его члены стали требовать у своего председателя представить финансовый отчет. Ф. Стецкевич никогда его не предъявил, а кроме того он отменил свою дарственную и стал требовать у католического прихода денег за костел, построенный на его участке.Архивные документы противоречат популярному в литературе предмета тезису, что деятельность Ф. Стецкевича была мотивирована опасением возрастающей силы большевиков в Приморье и возможным проведением ими национализации. Причина его поведения была более прозаична – его характер, из-за которого не мог найти общий язык с комитетом, а также финансовые дела. Это кажется тем более правдоподобным, если обратить внимание на показания свидетелей в суде. Они подчеркивали, что Ф. Стецкевич отказался дарить участок под строительство костела только, когда комитет стал требовать с него представить отчет об израсходованных общественных деньгах. Получается, что польская диаспора поссорилась не по политическим причинам, но из-за финансовых дел, связанных с отчетом издержек на строительство костела.

How Some Witnesses Have Vied for Floor Control in Tanzanian Higher Courts

This paper is on how some witnesses in Tanzanian courts wrestle the unequal apportionment of trial discourse resources. In the Adversarial trial, counsel has the freedom to operate within the initiation and feedback or follow up, which s/he uses to voice evidence at crossexamination. A witness, on the other hand, is strictly required to operate within the response move.Most witnesses find themselves vulnerable. Viewing any engagement contrary to trial norms as an act of power struggle leading to juridical ideological transformation, I chose two elements of the Faircloughian Text Oriented Discourse Analysis for analysis. The study examined interactional control, focusing on interruption to see how counsel and witness grapple over turns. It also went for addressee disposition to see how witnesses fit themselves into their responder role. Of the four witnesses in the four cases examined, two witnesses engaged with trial discourse transformatively, interrupting and voicing their dissatisfactionof the way the trial counsel treated them; while the other two engaged conventionally, responding in counsel-preferred manner. Whereas this transformative engagement seems like leading to juridical ideological transformation, the paper notes that withoutreapportioning trial discourse resources in a courtroom—which has to go with re-evaluating the merits of the adversarial system today—witnesses will continue being outsiders in a justice system supposed to be their own. Keywords: addressee disposition, counsel, cross-examination, ideological transformation, interactional control, trial discourse resources.

Deaf citizens as jurors in Australian courts: Participating via professional interpreters

Australian deaf citizens are currently not permitted to perform jury duty, primarily due to their inability to hear the evidence and deliberate without the help of interpreters. Although interpreters are routinely employed to interpret for defendants or witnesses in court, current legal frameworks do not permit interpreters to enter the deliberation room as a ‘thirteenth person’, for fear that they may influence the jurors in their decision-making. Other objections to allowing deaf citizens to act as jurors include uncertainty about their ability to participate fully in the discussions, the impact the deaf juror’s and interpreter’s presence may have on the dynamics of the deliberations and on turn taking, and the logistics and cost involved. Yet, deaf citizens see it as their right to be able to perform this very important civic duty, and recent decisions at the international level indicate that excluding deaf citizens from jury duty should be considered unlawful discrimination. This paper will present results from the analysis of the jury deliberations with one deaf juror and two Auslan interpreters, and from a focus group discussion with the eleven hearing jurors and an interview with the deaf juror about their experience. The jury deliberation is one section of a large-scale study on the participation of deaf jurors in a criminal trial with Auslan interpreters, in New South Wales.

The Application of Human Rights Jurisdiction by the Netherlands to Avoid Asylum Claims by International Criminal Court Witnesses

The decision of the Dutch Supreme Court rejecting non-refoulement claims by certain witnesses before the International Criminal Court presents a massive failure to correctly and consistently interpret the jurisprudence of the European Court of Human Rights on jurisdiction. The Supreme Court argued that the Netherlands did not have jurisdiction because the witnesses were in the custody of the ICC. However, the state is bound by the ECHR to provide for non-refoulement in all of its state territory, and the ICC is clearly within Dutch territory. We will presume that the ECHR applies to this case until this presumption is rebutted. Yet, the Netherlands has willingly cooperated with the ICC in the Headquarters Agreement to retain a large degree of control over the operations regarding witnesses, and only agreed to refrain from interfering with the core duties of the ICC. This case is nothing like military control. It is also not like the SOFA or prior ICTY/ICC cases. Moreover, the ICC/ICTY cases seem to violate existing jurisprudence on escaping responsibility for human rights and the real focus of decision control is not on de jure allocation of jurisdiction but actual de facto physical control. And in this case, the Netherlands has a significant degree of de facto control over the witnesses, though it may have certain de jure duties in relation to the ICC. Lastly, the Netherlands still, regardless of the above analysis, retains some residual jurisdiction and obligation to take all diplomatic, economic, judicial or other steps it can to secure non-refoulement. Sadly, in this case, the Netherlands failed to do so.

Police Perspectives on Road Safety and Transport Politics in Germany

Road safety is a key concern of transport governance. In the European Union, a Road Safety Programme was adopted in 2011, with the objective to reduce road deaths in Europe by 50% in the period from 2011 to 2020. Evidence suggests, however, that this goal will not be met. Against this background, this paper investigates police perspectives on traffic laws, traffic behaviour, and transport policy. Police officers working with road safety are in a unique position to evaluate and judge the efficiency of road safety policies, as they record traffic offences, fine, investigate, and witness in court. Geographically, focus is on transport policy in Germany, a country with a dense road network, high levels of car ownership, and a large number of car manufacturers. A total of 14 semi-structured interviews were carried out with police officers in a wide variety of positions within the traffic police in Freiburg. Thematic analysis is used to analyse content and to identify aspects that represent major areas of concern. Officers affirm that traffic laws question traffic safety, for instance with regard to speed and speed limits, or elderly drivers. Specific recommendations for changes in transport policies are made, and results are discussed in the context of their implications for road safety and the European Union’s Road Safety Programme.

Practicing Anthropology Under a Legal Umbrella

Surprised to be asked to apply to exotic dance the sociolinguistic/semiotic theory and ethnographic methods I used to study the relationship between dance and society in African villages and cities, American theaters, and elementary school playgrounds and classrooms, I have been an expert court witness since 1995. I worked with 63 different attorneys on 132 cases in 29 states, the District of Columbia, and 39 cities and counties related to the First, Fifth, and Fourteen Amendments, labor law, taxes, and even murder. I explain how exotic dance is a form of dance, art, and communication.

Sprawa budowy kościoła katolickiego w Nikolsku Ussuryjskim (Ussuryjsku) w świetle dokumentów przechowywanych w Rosyjskim Państwowym Archiwum Historycznym Dalekiego Wschodu we Władywostoku

Question of construction of a Catholic church at Ussuriysk in the light of the Russian State Historical Archive of the Far East in VladivostokAbstractThe article presents documents pertaining to the construction of a Catholic church at Ussuriysk, kept in the Russian State Historical Archive of the Far East in Vladivostok. The documents span the period between 1912 and 1921. They reveal that the Municipal Duma of Ussuriysk was in favour of the construction of a Catholic church in the town; this could be concluded from the fact that they gave free of charge a lot of land to the community of Catholics for that purpose. But the church was built on the lot belonging to a local entrepreneur, a certainF. Steckiewicz, for it was more suited to the needs of the Catholics due to its central location in the town. Initially Steckiewicz declared his intention to give the land to the Catholic parish. And because he was held in high esteem by the local community, he was put at the lead of a committee for the construction of the church. This made it possible for him to spent money collected by the faithful without any control. A conflict within the committee started when its members demanded financial reports. Steckiewicz never presented a financial statement; in addition, he withdrew his donation of land and demanded that the Catholic parish paid him for the church building constructed on his lot.Archival documents disprove the thesis, popular in the literature on the subject, that Steckiewicz’s actions were motivated by his fear of a growing strength of the Bolsheviks in Primorsky Krai and a possibility of nationalisation. The reasons for his actions were more mundane – his character that made it impossible for him to reach an agreement with the committee, and financial matters. This seems all the more probable in the light of testimonies of witnesses in court. They emphasised that Steckiewicz withdrew his donation of land to the church only after the committee requested financial reports and tallies of his expenses. It seems, therefore, that the local Polish community quarrelled not for political reasons, but financial matters related to the construction of a church. Дело о строительстве католического костела в Никольск-Уссурийском (Уссурийске) в свете документов из Российского государственного исторического архива Дальнего Востока во ВладивостокеВ статье были представлены документы, касающиеся строительства католического костела в Уссурийске (Никольск-Уссурийском), которые находятся сейчас в фондах Российского государственного исторического архива Дальнего Востока во Владивостоке. Документы охватывают период с 1912 по 1921 г. Из них следует, что Городская дума была благосклонно настроена к строительству католического костела. Об этом свидетельствует, хотя бы то, что она бесплатно передала участок католической общине для строительства на нем храма. Однако костел построили на участке Ф. Стецкевича, местного предпринимателя, так как он в большей степени отвечал потребностям католиков благодаря своему расположению в центральной части города. Ф. Стецкевич изначально изъявлял желание передать недвижимость католическому приходу. Благодаря уважению местных католиков, он также возглавил комитет по строительству костела. Находясь на этом посту, он мог без какого-либо контроля тратить деньги, собираемые среди верующих. Конфликт в комитете начался, когда его члены стали требовать у своего председателя представить финансовый отчет. Ф. Стецкевич никогда его не предъявил, а кроме того он отменил свою дарственную и стал требовать у католического прихода денег за костел, построенный на его участке.Архивные документы противоречат популярному в литературе предмета тезису, что деятельность Ф. Стецкевича была мотивирована опасением возрастающей силы большевиков в Приморье и возможным проведением ими национализации. Причина его поведения была более прозаична – его характер, из-за которого не мог найти общий язык с комитетом, а также финансовые дела. Это кажется тем более правдоподобным, если обратить внимание на показания свидетелей в суде. Они подчеркивали, что Ф. Стецкевич отказался дарить участок под строительство костела только, когда комитет стал требовать с него представить отчет об израсходованных общественных деньгах. Получается, что польская диаспора поссорилась не по политическим причинам, но из-за финансовых дел, связанных с отчетом издержек на строительство костела.

Norms and Narrative

As a normative social practice, law mediates between the “is” and the “ought,” between prescription and description. Obviously, narratives and narration play a role in law when it comes to describing facts and events: The testimony of a witness in court, the presentation of the case in a judgment, or (semi-)fictional cases used for legal education spring to mind. In this Article, however, the focus is on the prescriptive side of law. If, in line with the definition given by Matías Martínez and Michael Scheffel, a narrative is to be understood as a “sequence of events and actions producing at the level of [literary] action an autonomous structure of meaning,” it becomes possible to identify narratives and narrative elements within legal norms and provisions. The first part of this paper will deal with grand historical —or historicizing—narratives and cast some light on how they are used to give sense and direction to the interpretation and application of, especially, constitutional principles. The second part will suggest a narratological perspective on statutory law and attempt to reconstruct the process of norm application. This Article argues that this process relies mainly on comparative methods, and that narratives mediate between the seemingly opposed spheres of law and fact. Both kinds of narratives, thegrands récitsof constitutional law and thepetits récitsof statutory law, though quite different at first sight, possess common traits. They both fit the definition of narrative just cited; they both result from a process of selection and are thus prone to exclusionary effects. Moreover, the grand narratives of constitutional law also affect statutory law, its interpretation, and its application.

Witness assistance and familiarisation in England and Wales

Since the 1700s, lawyers have controlled interactions with witnesses in court. In England and Wales, witness familiarisation, endorsed in R v Momodou [2005], 1 aimed to demystify the process and through practical guidance assist witnesses to give their best evidence in legal proceedings, with the result that they are less likely to be confused, misled or unduly influenced by the process of cross-examination. This paper outlines empirical research which indicates that familiarisation can be helpful; though it argues that justice systems should develop best practices for the elicitation of accurate evidence and not leave it to witnesses to combat the system’s shortcomings. Given that this is particularly acute for vulnerable witnesses (and familiarising witnesses to cross-examination is in its infancy), the paper draws attention to R v Lubemba [2014], 2 which suggests that there is no right to put a case to a witness in child cases. The article also discusses witness approaches in the context of the right to challenge concept.

Historical, current, and legal bases for forensic speaker identification

It is of great interest to the legal system to identify individuals by their voice. Controversy in this area has continued for nearly seven decades with states divided with regard to the merits and standards used for forensic voice identification. Forensic speaker identification and admissibility of expert testimony has always been questionable, and is meeting more legal and scientific criticism. A number of methodologies have evolved that provide different approaches to speaker identification. These methods will be contrasted with a systematic review. In addition, the legal qualifications to testify as an expert witness in state or Federal courts—regardless of specialty, including in civil or criminal cases have evolved since the landmark 1923 Frye case, as well as the more sweeping 1993 Daubert case, and continue to evolve. This presentation discusses the history of the qualifications, an overview of different jurisdictional requirements, and the legal requirements of a speaker identification voice expert. The enigma of speaker identification for use in forensic applications will be illustrated by utilizing actual cases applying various methods of speaker identification or elimination.

The Thin Blue Line-Up: Comparing Eyewitness Performance by Police and Civilians

Police officers are often believed to provide more reliable testimony than civilian eyewitnesses. We reviewed the available empirical evidence for this belief. There is some evidence to suggest that police officers do indeed report more accurate details about witnessed events than civilians do, particularly concerning crime-relevant details. That research finding does not translate directly to practice, however, since an average difference between police and civilian witnesses does not mean that a particular police officer in a specific case should be believed over a particular civilian eyewitness. More importantly, police officers are no better than civilians at identifying a perpetrator from a line-up and may even be more likely to make a false identification. Because eyewitness misidentifications have far more severe consequences than misreported event details, expert witnesses in court should warn decision-makers that police officers are at least as likely as the average eyewitness to falsely identify an innocent person.

What? A Resident as an Expert Witness?

What? A Resident as an Expert Witness?

Konstruksi Ideal Pengaturan Hak Ingkar Notaris Pasca Berlakunya Putusan Mahkamah Konstitusi Nomor 49/Puu-X/2012 dan Perubahan Undang-Undang Nomor 2 Tahun 2014 tentang Jabatan Notaris

Abstract The study examines the issue of how the ideal construction legal protection of the right of refusal and whether the right of refusal Notary Notaries can be used to reject as a witness in court. The method used is a normative juridical research comes with empirical data, the approach is based on the development of legislation in force and the facts on the ground. Then performed a qualitative analysis afterwards classify, identify and evaluate the data obtained in order to determine and find answers to the problems that dibahas. These studies show that UUJNP has met the legal basis and sociology, but do not meet the filososfis runway. Legislation can be said to fulfill the ideal construction when it justice, law and order. Notary right of refusal can be used to reject as a witness in court, as in Article 1870 of the Civil Code that the Notary deed as authentic deed has the strength of evidence was perfect and the Notary as positions of trust in their duties shall keep secrets about deed made by or in front of Notary. Keywords: Ideal Construction, Notaries Right of Refusal.

Perlindungan Hukum Pemanggilan dan Pengambilan Minuta Akta Notaris Paska Berlakunya UU No. 2 Tahun 2014 Tentang Perubahan Atas UU No. 30 Tahun 2004 Tentang Jabatan Notaris (UUJN-P)

This paper discusses legal protection for Notaries-Function; in terms of the request upon the copies of the deed minuta, Notarial-deeds protocol, and the calling of Notaries-vocation in legal processes. The identification of the problemis to understand mechanisms of legal protections for Notaries and MKN’s roles and to discussnotaries’ refusal rights and refusal obligation. Based on the literature review and studies on the literatures and legal resources, it can be concluded that: First, the mechanisms of legal protection for request upon the copies of the minuta, the protocol takin of the notary, and the calling of notary for investigation purposes, by investigating-officers, public-prosecutors and judges- require approval of the Regional Supervisory Council as stated in Article 66 paragraph (1) Act Number 30 2004. In 2013 “the phrase of the MPD’s approval” is canceled by Constitutional Court through the decree number 49/PUU/X/2012 for not having legal binding. Second, the MKN is a new agency formed with the establishment of the Act Number 2 2014 concerning the amendment of the Act Number 30 2004 concerning Notaries’ functions (UUJN-P). One of MKN authorities was similar with authorities of the MPD before it was revoked by the MK in 2013. However, the MK had not been established because the Permenkumham on MKS was still being harmonized. Third, the Refusal-Rights are rights for not speaking and giving any statements related to deeds, as a witness in prosecutions and courts. These rights are based on Articles in the Acts, such as the KUHAP, KUH Perdata, HIR and the Act Number 5 1986 concerning state administrative law. The Act Number 30 Year 2004 concerning Notaries-functions (UUJN-P) stipulates this provisions as refusal-obligations which mean that it must be executed imperatively, based on the Article 4 paragraph (2), the Article 16 paragraph (1) letter f, and the Article 54 clause (1). The violation of these obligations shall be the subject to administrative sanctions ranging from warning up to dishonorable discharge by the UUJN-P. Criminal sanctions rely on general provisions of through KUHAP, especially the Article 322 concerning violations for divulging confidential information giving away in functions.

Awareness of forensic odontology among police personnel: A new ray of hope in forensic odontology.

Background:Police personnel play an important role in collecting and producing evidence. Knowledge about the various aspects of forensic as well as dental sciences and related evidence in them provide a golden opportunity to forensic odontologists to actively participate in the identification of the accused or victim. They can also act as an expert witness in court to produce forensic dental evidence.Aim:To evaluate the awareness and knowledge about the utilization of forensic odontology during evidence collection by the crime scene investigation (CSI) officers.Materials and Methods:Four hundred police officers were included in this survey. A questionnaire was designed to assess the awareness and knowledge about forensic odontology and application of the known knowledge in identifying and considering the dental evidences. Data were analyzed using the software Statistical Package for Social Sciences (SPSS, Chicago, Il, USA) version 17.0 by comparing the overall awareness of forensic odontology among the trained SI officers and trainee police personnel.Results:The collected results showed that there is a requirement for changes in the current practice of evidence collection and highlighted the need for better communication between the police personnel and forensic odontologists. A significantly higher number of police officers in both the trained and trainee groups reported knowledge about the subject (P < 0.001) through newspapers and mass media as the sources of knowledge.Conclusion:Even though the respondents have knowledge about forensic odontology, there is a lack of communication and facilities in their system; hence, steps must be taken to educate the police personnel about the application of forensic odontology.

Ethical issues on forensic-psychiatric examinations

Summary Usually forensic psychiatrists are concerned with the assessment of complex cases, including risk assessment, and act as expert witnesses in court, commenting on issues such as competency to stand trial and criminal responsibility. This article reviews the relevant forensic-psychiatric literature about the role of a forensic psychiatrist. While the ethical issues facing forensic psychiatrists may be similar across cultures, they also depend on the specific legal system and service provision within each country. Therefore, a forensic psychiatrist should look not only to technical guidelines to structure her report, but should also respect the ethical frame of her country in order to be conscious of the cultural and societal context. The concepts of “criminal responsibility” or “guilt” in legal thinking are discussed on the basis of the regulations in Germany. These concepts do not exist as an empirical entity in psychiatry. Even if a psychiatric expert does not comment directly on criminal responsibility – as or she should not do – her expert opinion aims at enabling this finding. The forensic psychiatrist acting as expert witness is confronted with a double dilemma: either she is legitimating punishment by labelling only a fraction of the accused as disordered and in need of treatment; in which case she might be called a servant of justice, or, if she is offering treatment for a large number of offenders, she might be accused of brain washing and treatment tyranny. As a matter of principle, forensic psychiatrists and forensic psychologists should not, in order to avoid a conflict of roles, assess their own patients. Their task is the psychopathological analysis of the mental condition of a perpetrator and her personality performed on the basis of empirical knowledge and competent specialist examination. Regarding risk assessment, future behaviour cannot be predicted with any certainty no matter how sophisticated the instruments. This gives rise to particular challenges in balancing the civil liberties of the patient with the protection of the public from (potential) future harm by that patient. In an increasingly risk-aversive society, public pressure demands a reduction in false negative predictions with the ultimate goal of eliminating risk. Although the legality of commitment and of compulsory treatment depends entirely on the label “capacity to consent”, there is no standardized and validated tool to assess this capacity. In medical praxis, the capacity to consent is often evaluated rather formally or is based on personal psychiatric experience. Despite discomfort, contradictions and resistance, psychiatrists should not retreat from the forensic field. Psychiatrists should continue to work on humanizing the management of offenders and on facilitating suitable treatment for those in need. This highlights the need for ongoing cooperation with the legal system, which allows for contributing experiences that may be helpful in the further development of the law despite the many questions referring to the dual-role dilemma and compulsory treatment that remain unanswered. It is, however, always important to be watchful regarding attempts to instrumentalise forensic psychiatry.

André Antheaume (1867–1927) (Partie I) : sa vie et ses travaux, de Provins jusqu’à sa démission de son poste de médecin titulaire de la Maison nationale de Charenton

After medical studies in the provincial towns of Auxerre and Amiens and then in Paris, André Antheaume (1867–1927), the brother of the poet Louis Antheaume (1868–1889) became an intern at asylums of the Department of the Seine (1893) and then became head of the medical illness (1899) where A. Joffroy (1844–1908) held the chair. In 1901, he became assistant medical inspector of the asylums of the Department of the Seine and gave presentations in the “École des Hautes Études”. Fours years later, he was give the title of “Doctor” at the “Maison nationale” of Charenton (1905), having been for one year a substitute in this same establishment. Antheaume was a member of the “General council of the Seine” (1899). He gave reports about dealing with issues related to the treatment and care of the mentally ill, their assistance, the installation and the scientific organization of laboratories, as well as the training of psychiatrists. The vast majority of his publications belong to the area of the mental disorders and their treatment (alcoholism, morphine addiction, dementia praecox, general paralysis…). Along with his brother Léon Antheaume (1878–1926), G. Dromard and R. Mignot, he is the author of various books: Les Bouilleurs de cru (1902), Poésie et Folie (1908), and Les maladies mentales dans l’Armée française (1909). Antheaume developed a journalistic activity. In 1906, he founded and directed L’Encéphale. Antheaume also directed and edited the Journal de médecine légale psychiatrique et d’anthropologie criminelle of which he was the editor and that was determined to the forensic psychiatric. Expert witness in civil and criminal courts, he was asked to give opinions and to write reports. After six issues, the Journal de médecine légale psychiatrique et d’anthropologie criminelle became L’Informateur des aliénistes et des neurologistes. For this journal of informations, assistance, mental hygien and professional interests to the psychiatrists, Antheaume wrote the “Actualités” and “Chronique psychiatrique”. Our in depth reading of these journal documents allows us helps us to recognize the medical, administrative and judicial context in which his resignation from the post of “Doctor” in the “Maison nationale” of Charenton took (1907) place. Then he was named honorary doctor of this same establishment. In 1909–1910, Antheaume founded with Dr. Louis Bour (1876–1944) one of the most exclusive private clinics in the West of Paris: The “Sanatorium La Malmaison” in Rueil-Malmaison.

The Loyalists and the Federal Constitution: The Origins of the Bill of Attainder Clause

During American Revolution, rebel state governments adopted bills of attainder to contain and control loyalists, dangerous internal enemies who would apply their blood, treasure, and influence to put down the rebellion. In this extreme form of punitive legislation, state assemblies identified specific Tories by name, judged them guilty of treason, and prescribed a variety of punishments ranging from property confiscation to permanent banishment. Just four years after the war, however, delegates at the Constitutional Convention in Philadelphia passed an unconditional ban on attainder laws with a unanimous vote and almost no debate. In fact, protection from bills of attainder was one of the handful of individual rights that the Framers included in the actual text of the Constitution. So why the change? Why did so many Americans view bills of attainder as acceptable during the war, then turn around and reject them just a few years later? The Framers’ unanimous decision to ban attainder laws was predicated on two related developments that took place in the aftermath of the Revolution. The first was the peaceful reintegration of loyalists who chose to remain in the states after the war. Once loyalists ceased to pose a special threat, states no longer needed extraordinary measures to manage them. The second was the Framers’ increasing fear that state assemblies had grown too powerful. In this sense, the attainder ban was part of a larger effort to take power away from the people—particularly the alarming power to confiscate private property.