Witnesses In Court Research Articles

Problematyka budowania relacji lekarza seksuologa z pacjentem na gruncie systemowych instytucji procedury karnej i wykroczeniowej

The issues presented in this text include problems related to a relationship between a sexologist and a consulted person on the basis of criminal and misdemeanor procedure. The author prefaces his deliberations with an introduction devoted to introductory issues, including general aspects of the subject under discussion, such as sexual health, sexuality or sexual rights. Entering the sphere of discussing procedural institutions, the author describes the regulations contained in the criminal and misdemeanor procedural law, with regard to the role of the sexologist. By pointing to the moment of the statutory introduction of a sexologist into the criminal procedure, the author draws attention to his position in relation to other court witness experts. By taking up the subject, the author points out the issue of the relationship between a patient and a sexologist doctor (medical sexologist), which has its legal basis in the medical legislation. Continuing his reflections, the author explains the key role of soft competencies, which are overlooked in the formal requirements of the expert's work.

STATUS DAN KEDUDUKAN SAKSI PEREMPUAN DALAM HUKUM ISLAM DAN KUHPerdata

Background. The issue of gender equality that arises essentially lies in human rights (al-kulliyyât al-Khaimah), by placing more equality before the law as the core of equality of opportunity, spreading in the aspect of women's testimony before the law. For this reason, it is important to underline that the main problem of testimony is inseparable from gender. Aim. This research focuses on women's testimony to Islamic law and the Civil Code. Methods. Using comparative techniques with descriptive analysis, the following research results were obtained: the status and position of women as witnesses in religious courts from the point of view of Islamic law, the status of the testimony of one man is the same as that of two women. Results. The point of the difference is not to doubt the ability of women, it's just because in the business world that is done during the day until night men should do the signing and testimony of all kinds of business. Suppose there is a woman who is a witness. In that case, she must have an additional woman who serves to strengthen the testimony they do, because it could be that at any time one of the two is unable to attend to give testimony or has forgotten the object he witnessed in the past. The equal value of male and female testimony in the Law of Civil Procedure in Religious Courts is because the witness is positioned as one of the evidence, the task of witnesses in civil procedural law is to prove the existence or absence of something legal action. In short, if the witness is positioned as a pillar, it must follow as specified in the Qur'an.

Psychological Concerns Surrounding Sexually Abused Children with Intellectual Disability in Court: Case of Gwanda Urban

The study adopted a qualitative approach using case study design to research on the psychological concerns surrounding sexually abused children with intellectual disability in court: case of Gwanda Urban. Purposive sampling was the main strategy used. The method sampled cases of children with court experiences after sexual abuse from Gwanda Urban. Projective tests like draw a person test were used to measure the children’s ability to narrate a story and it was noted that it depends with the level of disability hence the research findings recommends that involvement of a psychologist will help in making this assessment rather than generalizing that all children with intellectual disabilities are not competent witnesses in court. There is need to advocate for law to adequately protect children living with intellectual disability by clearly recognizing their competence to testify and also provide accommodations to enable effective testimony. Not ensuring that this is put in place there is a high risk that the community may perceive it like those who rape intellectually disabled children can do so with impunity. Above all other recommendations the study concluded that children with intellectual disabilities have psychological concerns despite the fact that they can or cannot testify in court.

Role of Judiciary in Protecting Witnesses in the Criminal Justice System: A Critical Analysis

Witnesses are the eyes and ears of the Criminal Justice System. Witnesses being the only spectator of an offence are the indispensable aid in the Criminal Justice Delivery System but are yet at a vulnerable position that they turn victims at several instances. Starting from the investigation stage to the trial proceedings of the court witness assist the Court in every possible way to punish the accused person by deposing every relevant fact which can lead to a fair justice delivery and conviction of the accused person without getting any gain. Witnesses are often subjected to threatening, inducement, harassment, and different kinds of intimidation to them and also their family members. Due to this, in many cases due to lack of Witness Protection Laws the witnesses not getting adequate protection they become victims. Unlike the accused, the witnesses or victims have no rights for their protection. And when the state agencies fail to do their duty, as has often happened in many cases in the recent past, the witnesses turn out to be a victim and subsequently left to suffer injustice silently. Protection of witness is also one of the attributes of fair trial which is guaranteed under Article 21 of the Constitution of India wherein proper safety and security should be ensured. But due to lack of effective Witness Protection Regime and statutory framework for giving protection in our country the witness has lost confidence when it’s about their safety and security. This has also given rise to high acquittal rate and decrease in convictions in the justice administration system. The Judiciary has actively given importance for having witness protections Laws in India and at the same time has enumerated the duties of Witnesses towards the state when the state is providing protection.

PROBLEMATICS OF QUESTIONING A PERSON IN THE CURRENT CRIMINAL PROCEDURE LEGISLATION

The article deals with the regulations related to the questioning of a person, its similarities, and differences with the interrogation of a witness in court in accordance with the Criminal Procedure Code of Georgia. The author presents the problems that arise in the practical application of legal norms related to the questioning of a person. This often becomes the basis for delaying the investigation and, in general, harms the justice process. The paper discusses ways to solve the problems presented. To better present the problems discussed in the article, hypothetical examples are offered that will help the reader get a clear idea of the existence of possible negative factors during the application of the norms under discussion in practice. It will assist us in studying the mentioned issue by comparing the issue under consideration with the procedural rules of interrogating the witness standing close to it. Also, an analysis of the legal framework of foreign countries regarding witness interrogation procedures is presented, which will help us identify the problem and find solutions.

Libertinism during Restoration Era and the Liberation of a Restricted Sexuality

This paper deals basically with defining libertinism as a freedom movement giving attention to the rise of theatre activities during the of Restoration Era. In addition to this, the evolution of libertinism from pre-Enlightenment Era to how it was revived by the Court Wits during the regime of King Charles II of England is reviewed. It views that the sexuality was defined in consonance with someone’s vested interest of maximizing the pleasure of the self and of controlling others thereby giving rise to the guiding principles, norms, morality, law and policies on it. It reviews half a dozen of books on libertine sexuality with particular reference given to two selected Restoration libertine playwrights William Wycherley and Thomas Shadwell, and shows how bourgeoisie sexual morality came to blast caused by its complete disregard to one’s release of private pleasure. It finds that the libertine dramas have helped not only to expose people’s sexuality naturally in the public, but also to redefine sexuality in a quite open and unrestrained manner. If finally concludes that the established and seemingly rigid normative standards, which aim to demolish the real human sexuality, are also subject to change.

Implementation of the Provisions of International Acts on the Interrogation of Defense Witnesses in Court in Russian Law

Problem statement. The right to a fair trial within a reasonable time by an independent, impartial and competent court, in compliance with the fundamental principles of criminal proceedings established by international treaties and national legal acts, is pivotal in the legal status of the individual. As judicial practice shows, in criminal proceedings, the implementation of this right largely depends on individual judicial regulation when deciding on satisfaction/refusal to satisfy the request for questioning in court of a defense witness. The significance of the testimony of a witness confirming the defendant’s alibi or other circumstances testifying to his innocence or the presence of mitigating circumstances actualizes theoretical and applied (based on the analysis of judicial practice) studies devoted to the interrogation of a defense witness during the judicial investigation of a criminal case. Purpose of the work: to identify methodological and organizational and legal problems of summoning and questioning a witness at a court session, to determine the role and aisles of individual judicial regulation when making a decision on a petition for summoning a witness submitted by the defense party. Results. The importance of questioning a defense witness at a court hearing to ensure its publicity, immediacy and verbality is obvious. The interrogation also ensures the proper procedural regime of proof and the operation of the principles of adversarial, presumption of innocence and the right of the accused to defense. Recommendations and other provisions of judicial bodies regarding the summoning and interrogation of witnesses should be evaluated on the basis of the principles of justice enshrined in Russian law, while individual judicial regulation in resolving a specific petition for summoning a witness should be formed on the basis of recognition of the significance of the testimony of this participant, their possible impact on the outcome of the trial, and also provided, when necessary, technical capabilities of video conferencing and web conferencing.

Partners in crime: smuggling economies (Kaçak/Qaçax) and human-animal collaborations in Turkey’s Kurdish borderlands

ABSTRACT When is a horse not just a pack animal but a criminal accomplice? When is a lamb more than just livestock, but a form of contraband or a witness in court? Pursuing these questions in Van, a Kurdish-majority province of Turkey bordering Iran, this article examines how human-animal collaborations facilitated Kurdish smuggling economies, or what locals called qaçax. I conceptualize qaçax and kaçak (the Turkish word from which it originated), as the inexhaustible capacity to escape control. As the state’s counterinsurgency against Kurdish guerillas established an extensive regime of surveillance and control in the Van borderlands, pack animals enabled smuggling convoys to evade state control and survive deadly anti-smuggling ambushes. Smugglers (and smuggler animals) also collaborated to elude the legal evidentiary processes and undermine allegations of smuggling brought against them. Rather than viewing animals as mere objects of legal knowledge, as existing studies have tended to do, the human-animal collaboration in court shows how the animals actually co-produce such knowledge. The smugglers’ evasion of criminal charges in court further troubles the categories of illegality and informality that are frequently associated with smuggling, and permits us to think of smuggling economies beyond binaries of legal-illegal, formal-informal, human-nonhuman or living-nonliving.

The Long Journey From Arigbawonwo

The Long Journey From Arigbawonwo

Legal aspects of memory: a report issued by the Psychology and Law Sections of the British Academy

We describe the commissioning, publication, and contents of a report on legal aspects of memory. The report was the result of a unique collaboration between the Psychology and Law �Sections� of the British Academy that brought together the contributions of memory and legal experts from both inside and outside the Academy. The report briefly summarises psychological research on memory and is designed to be of practical value to busy legal and criminal justice professionals. Topics covered include memory concepts, memory development including childhood amnesia, interviewing witnesses, the effects of suggestion and misinformation, the effects of trauma on recall, adult memory for childhood events, factors affecting eyewitness identification, conditions such as psychiatric and neurological disorders that may impair memory, issues in the memory of suspects such as deception and reported amnesia, and the role of the expert witness in court.

The Role of Digital Forensic Experts in Cybercrime Investigations in Indonesia Based on The Scopus Research Index

The development of information technology, besides having a positive impact, has negative impacts, such as an increase in cybercrime. Several parties are involved in handling cybercrimes in Indonesia, including expert witnesses in digital forensics. It is hoped that cybercrimes can be uncovered through a digital forensic approach. Research related to cybercrime and Digital Forensics in Indonesia is experiencing increasing growth from 2010 to 2021. A very rapid increase was shown in 2017. Through bibliometric analysis, you can analyze expert witnesses in the field of digital forensics by region in Indonesia, such as Sumatera, Western Java, Central Java, and Eastern Java. An expert witness in digital forensics must have technical skills in operating digital forensic tools and analysis and academic skills in uncovering crimes. The results of this study are very useful for law enforcement officers or lawyers in determining expert witnesses in the field of digital forensics. List of digital forensic experts in Indonesia who have been tested from their scientific studies by conducting various paper publications. So, law enforcement can synergize with digital forensic experts to solve cybercrime. One of the roles of a digital forensic expert is as an expert witness in court. Through research, it is hoped that there will be an increase in awareness of digital forensic experts to conduct scientific publications so that it is easier to be recognized by law enforcement and academics for updating methods and techniques of cybercrime investigation

Lawyers' experience questioning children in Canadian court

BackgroundInternational research has explored lawyer-child interactions in court; however, little focus has been spent examining other aspects of lawyers' interactions with children (e.g., interview preparation; building rapport). ObjectiveThe present study investigated lawyer's self-reported interactions with child witnesses. Participants and settingParticipants included 96 lawyers (Mage = 40.34, SD = 11.07; 52 % female) practicing in Canada with experience questioning child witnesses (under 18 years old). MethodsA survey was used to gather self-reported data on how lawyers prepare for, question, and respond to children as witnesses in court. We then explored whether these strategies differed depending on the role of the Canadian lawyer (i.e., prosecution or defence), experience, or gender. ResultsResults indicate that lawyers report and demonstrate knowledge consistent with current best practices in questioning children. While gender and experience did not appear to play a strong role in lawyer-child interactions, prosecutors reported behavior more consistent with best practices compared to defence lawyers. ConclusionsThese findings provide important insight into strengths and weaknesses of lawyer-child interactions in court as well as highlight a strong need for future research to examine the link between self-reported behavior (i.e., perceived behavior) with observable behavior (i.e., actual behavior) in lawyer-child interactions.

The effects of witness mental illness and use of special measures in court on individual mock juror decision-making

ABSTRACT It is unclear whether witness mental illness and special measures used with witnesses in court impacts juror decision-making. Participants (N = 204) from the general public and student population completed a measure assessing attitudes towards mental illness before reading a mock trial vignette where witness mental illness (depression, schizophrenia, no mental illness) and the special measure used in court (screen, intermediary, no special measure) were manipulated. Participants were then instructed to formulate judgements about the witness testimony provided (reliability, competency, credibility) and their likelihood of finding the defendant guilty. The findings showed that witnesses with depression were perceived as significantly more competent than witnesses with schizophrenia, or with no mental illness. Witnesses with depression were also perceived as significantly more competent than witnesses with schizophrenia when a screen was used in court. There was however no difference in competency ratings for witnesses with depression versus those with schizophrenia when no special measure was used, or when an intermediary was used, although witnesses with depression were still viewed more favourably overall. These findings suggest that some awareness of these biases is needed in court. Improving clarity about why special measures are used in court might also go some way towards addressing this issue.

Charles Reznikoff's Testimony of the Dead

Charles Reznikoff assembles Testimony: The United States (1885–1915): Recitative from three decades of court witness reports. Stemming from his legal experience and his family history of loss, Reznikoff's methods of constructing Testimony, as archived in his notes, drafts, and correspondence, illuminate the work as his literary form of Kaddish, the mourner's prayer in Judaism. The poetic volumes express mourning for the lives he encounters in court documents: suppressed, recurring narratives, emblematic of the country's political and socioeconomic conditions. As the past resonates through Reznikoff's verse, the poetry's formal qualities stimulate grief in present audiences. Testimony takes readers through a process of mourning across time: listening to the lost voices of the dead, grieving the accumulated losses, and moving forward with a desire to remedy past injustices—bearing losses of the past to feel the urgency of a more just future.

Blunt force homicides in Denmark 1992-2016.

Blunt force trauma is a common homicide method, inflicted in three different ways: bodily force, assault with blunt objects of various types and falls from height. The objective of this study is to provide thorough information on blunt force homicides with data on the victims, the offenders, the surrounding circumstances, the injury methods, the extent of injuries, and survival time, which will help inform the inexperienced as well as the seasoned forensic pathologist in their daily work with death investigation and as expert witnesses in court. We have analyzed autopsy reports and available case files of 311 blunt force homicides, making up 21.9% of all homicides in Denmark during 1992-2016. Most victims and offenders were male. Altercation in the setting of nightlife and intoxication was common in male victims, while most female victims were killed in a domestic setting. Bodily force was the most common primary homicide method, followed by assault with a blunt object and fall from height. The head was the region that most often had external injuries, with no noteworthy difference between cases with bodily force and blunt objects. Two out of three victims had one or more lacerations, most often located on the head and more often on the front. Brain injury was the primary cause of death in at least 72.0% victims. Compared to bodily force victims of blunt object assault were especially prone to skull and brain injuries, had a higher trauma score, and more died at the crime scene and had a shorter survival time.

Legal protection for reporting witnesses in matters of narcotics and psychotropics

In writing this thesis, the writer discusses the issue of Legal Protection for Reporting Witnesses in the matter of Narcotics and Psychotropics. As an effort to find out the form of legal protection provided by the Police to reporting witnesses and to find out the methods and capabilities of law enforcement officials or the police in providing protection in accordance with Law No. 22 of 1997 and Health Law No. 23 of 1992 and provide an explanation of the rule of law and side effects Narcotics and psychotropics, as well as legal sanctions for reporting witnesses who know about the crime of Narcotics but do not report and legal sanctions for officers who do not shoot reporting reports. So the approach method used is sociological juridical, studying the applicable legal provisions and the reality that occurs in practice. Then all existing data were analyzed descriptively qualitatively. Based on the research, the authors get answers to existing problems that legal protection for witnesses means providing protection for witnesses to be protected by legal instruments. The form of legal protection provided by the police is in the form of embezzlement of the identity of the complainant and not presenting witnesses in court. Efforts made by the police in providing legal protection for reporters of Narcotics and Psychotropics problems are by providing training to police officers on the operandi and distribution system of Narcotics and the types of Narcotics and the side effects they cause. Meanwhile, legal sanctions for reporters who know but do not report will be subject to legal sanctions Article 65 Law No. 5 of 1997 and for officers who do not shoot the witness' report can be subject to administrative sanctions in the form of a warning, scoring or transfer to police officers who do not announce the reporting report.

Witness Position in Court and How to Judge According to Ibnu Rusyd (Reinterpretation in the Book of Bidayatul Mujtahid Wa Nihayatul Muqtasid)

The position of witnesses in court has a fairly important role as evidence if other evidence is not available to provide information about an incident/dispute. In the texts of fiqh books, the matter of witnessing in court is required to be male except for witnesses related to property rights (huquq al-amwal) or body rights. As if women's rights are not recognized when compared to men, this means that there is a gap between fiqh texts and the reality of society. According to Ibn Rushd, the fuqaha agree that when a judge wants to try a case (case trial), the principle of equality must apply between the accuser (prosecutor) and the defendant, or between the applicant and the respondent in a trial court. According to Ibn Rushd, a judge should not only listen to the words of one party without paying attention and listening to the statements of the other party. In this case, Ibn Rushd emphasized that the judge in the trial court must give time and opportunity to the plaintiff to first provide a statement of his indictment after being asked by the judge. If any part of the indictment case or object of the lawsuit which is denied, is rejected by the defendant, then according to Ibn Rushd, the judge must ask and investigate the evidence to the plaintiff. On the other hand, if the plaintiff does not have evidence and the case is related to assets, then based on the agreement of the fuqaha, the defendant must take an oath.

Real-time face detection in digital video-based on Viola-Jones supported by convolutional neural networks

<span>Face detection is a critical function of security (secure witness face in the video) who appear in a scene and are frequently captured by the camera. Recognition of people from their faces in images has recently piqued the scientific community, partly due to application concerns, but also for the difficulty this characterizes for the algorithms of artificial vision. The idea for this research stems from a broad interest in courtroom witness face detection. The goal of this work is to detect and track the face of a witness in court. In this work, a Viola-Jones method is used to extract human faces and then a particular transformation is applied to crop the image. Witness and non-witness images are classified using convolutional neural networks (CNN). The Kanade-Lucas-Tomasi (KLT) algorithm was utilized to track the witness face using trained features. In this model, the two methods were combined in one model to take the advantage of each method in terms of speed and reduce the amount of space required to implement CNN and detection accuracy. After the test, the results of the proposed model showed that it was 99.5% percent accurate when executed in real-time and with adequate lighting.</span>

He translator as an expert witness in court

In the matter of R v Yang the Supreme Court of Western Australia considered the role of a translator as an expert witness. In this particular case, the Court had to consider the accuracy and relevance of a translation provided in a criminal trial. The Court analysed in detail the role of the translator in the criminal legal process and how that related to his ethical obligations of accuracy and impartiality. In doing so, the Court also had to apply the law related to expert witnesses generally, and when that evidence could be excluded. This article analyses the role of the translator as an expert witness in legal proceedings and comments on the necessity for all parties, but especially translators, to have a proper understanding of their role and ethical obligations in this regard, where a premium on accuracy and impartiality is arguably at its highest.

Giving medical evidence in court

Doctors provide an invaluable role in the justice system. Acting as a witness can be both a beneficial experience for the individual and of importance in representing the profession. This article will explore the different roles doctors play in court and the challenges involved, as well as reviewing current guidance for giving evidence in the courts. Doctors are not only being sued more often, but are also called on more often as expert witnesses in court, and GPs should be aware of this role and the responsibilities involved.