Improving the reliability of child witness testimony in court : the importance of focusing on questioning techniques

Considerable discussion during recent years has focused on ways to increase the reliability of child witness evidence, and reduce the negative impact of the courtroom environment on children's credibility and their psychological well-being. A large proportion of this discussion has focused on removing child witnesses from the courtroom and developing alternative arrangements by which children can give evidence (e.g., videotaped statements used as evidence-in-chief, closed-circuit television). There is no doubt that these arrangements have played a major role in reducing children's feelings of uncertainty and intimidation, and they have increased the ability of children 10 tell their stories and answer questions reliably (Cashmore 2002; Eastwood & Patton 2002). However, there are many
other factors. apart from the physical environment in which a child's evidence is elicited, that impact on the quality and accuracy of a child witness's evidence.

This contemporary comment focuses on one of the most important factors that impacts on the quality and accuracy of a child's evidence; the questioning techniques. It offers four recommendations for improving the reliability of child witness evidence in court. along with justifications for these recommendations and suggestions for bow these recommendations might be implemented. Each suggestion focuses on the impact of questioning techniques, from pre-trial questioning to questioning during the trial. It does not focus on the rules of evidence regarding child statements or the physical environment in which children's evidence is elicited.

The makings of a reliable interview with a child witness

This paper briefly describes four essential elements of interviews involving children, where the primary goal is to obtain detailed and accurate information about an event (e.g., an alleged incident of sexual abuse). These elements include (a) the establishment of a good rapport with the child, (b) a clear description of the purpose and ground-rules of the interview, (c) objectivity and open-mindness, and (d) effective questioning skills. A rationale for the importance of each of these elements and practical recommendations are offered.

Optimality analysis of sensor-target geometries in Passive localization: Part 1 - bearing-only localization

In this paper we characterize the relative sensor-target geometry for bearing-only localization in R2. We analyze the geometry in terms of the Cramer-Rao inequality and the corresponding Fisher information matrix, aiming to characterize and state explicit results in terms of the potential localization performance. In particular, a number of interesting results are rigorously derived which highlight erroneous assumptions often made in the existing literature.

Target tracking with range and bearing measurements via robust linear filtering

In this paper we provide a robust version of a linear Kalman filter for target tracking with nonlinear range and bearing measurements. Moreover, we prove that the state estimation error is bounded in a probabilistic sense. We compare our approach with the current state of the art in converted radar measurement based linear filtering.

Trajectory characterizations for a discrete-time bearing-only navigation strategy

In this paper we explore the geometry of a particular navigation scheme which guides a pursuer from a fixed initial position to a given fixed final position using a one-step look ahead strategy and using only bearing measurements. We explicitly characterize the optimal trajectories for the problem in terms of the Cramer-Rao bound such that the derived trajectories permit a minimization in the error of an unbiased estimate of the target position.

'The witness who saw, /He left little doubt' : a comparative consideration of expert testimony in mental disability law cases in common and civil law systems

The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (cherry picking evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The paper details threats to competent expert testimony in a comparative law context - in both the common law (involuntary civil commitment laws and risk assessment criminal laws) and, more briefly, civil law. We conclude that teleology, pretextuality, and sanism have an impact upon judicial decision making in both the common law and civil law. Finally, we speculate as to whether the new United Nations Convention on the Rights of Persons with Disabilities is likely to have any impact on practices in this area. Copyright © 2009 John Wiley & Sons, Ltd.

Identity and autonomy of the indigenous community within Christianity

[No Abstract]

Admissible Christianity : a study of Christian fundamentalism in the writings of James Barr

An attempt to set forth the essential nature of a theology is a notoriously difficult task. This thesis addresses two questions to a contemporary study of fundamentalism. It asks to what extent has James Barr been able to describe the theology of fundamentalism and to what extent his critical analysis of that theology is philosophically valid? The first chapter identifies the inherent difficulties in a phenomenology of fundamentalism and includes an historical survey of the theology of the movement. This chapter is supported by appendix one which identifies the philosophical culture associated with fundamentalist thought. Barr's description of the theological and religious character of fundamentalism is accepted within the identified limitations. The second and third chapters give an account of Barr's theological evaluation of fundamentalism. He argues the fundamentalists espouse an aberrant form of Christianity. Their religion represents a projection onto the biblical text of a religion foreign to the theological character of the Old and New Testaments. This projection is achieved by an intellectually sophisticated hermeneutical procedure. The doctrines of inerrancy, verbal inspiration and infallibility establish an understanding of Christianity which does not represent the essential character of the Christian faith. Fundamentalist hermeneutics, Barr concludes, allows for a theology indigenous neither to the biblical text nor to the Christian tradition. It attempts to afford biblical justification to the doctrines of a human religion extraneous to the biblical text. The fourth chapter considers the philosophical basis of Barr's understanding of the Bible. He takes the idealist view that the biblical text possesses a theological meaning whose boundaries can be delineated and whose essential content defined. This chapter is supported by appendix two which locates Barr's writings on fundamentalism within his wider concerns about the hermeneutical problems raised by the biblical text and the religious authority of the Bible. The penultimate chapter surveys the insights of contemporary literary theory concerning the perception of written texts. The philosophical validity of an idealist view of the biblical text is questioned. Two major conclusions are drawn. Barr's assessment of fundamentalism is philosophically dependent upon his idealist perception of the biblical text. This conclusion leads to the more general conclusion that the biblical text contains no essential description of Christianity but is capable of being read according to a range of theological interpretations some of which are more defensible than others.

Presbyterian ethos and environment in the novels of John Buchan : a religious and historical study

The aim of this thesis is to establish, from a historical and religious perspective, that the Presbyterian ethos and environment in which John Buchan was reared was the predominating influence in the writing of his novels. Presbyterianism was not the only influence on Buchan that determined the character of his stories. Buchan was by temperament a romantic, and this had considerable influence on his literature. His novels are romances, peopled by romantic figures who pursue romantic adventures. There are the signs of Buchan's romantic nature in the contents of the novels: creative imagination, sensitivity to nature, and expectations of the intrusion of other worlds, with destiny-determining events to follow. But Buchan had also an acquired classicism. His studies at Glasgow and Oxford Universities brought him in touch with a whole range of the master-pieces of classical literature, especially the works of Plato and Virgil. This discipline gave him clarity and conciseness in style, and balanced the romantic element in him, keeping his work within the bounds of reason. At the heart of Buchan's life and work, however, was his deeply religious nature and this, while influenced by romanticism and classicism, was the dominant force behind his work. Buchan did not accept in its entirety the Presbyterian doctrine conveyed to him by his father and his Church. He was moderate by temperament and shrank from excesses in religious matters, and, being a romantic, he shied away from any fixed creeds. He did embrace the fundamentals of Christianity, however, which he learned from his father and his Church, even if he did put aside the Rev. John's orthodox Calvinism. The basic Christianity which underlies all Buchan's novels has the stamp of Presbyterianism upon it, and that stamp is evident in his characters and their adventures. The expression of Christianity which Buchan embraced was the Christian Platonism of seventeenth century theologians, who taught and preached at Cambridge University, They gave prominence to the place of reason and conscience in man's search for God, They believed that reason and conscience were the ‘candle of the Lord’ which was existed every one. It was their conviction that, if that light was followed, it would lead men and women to God. They were against superstition and fanaticism in religion, against all forms of persecution for religious beliefs, and insisted that God could only be known by renouncing evil and setting oneself to live according to God’s will. This teaching Buchan received, but the stamp of his Presbyterianism was not obliterated. The basic doctrines which arose from his father's Presbyterianism and are to be found in Buchan's novels are as follows: a. the fear (or awe) of God, as life's basic religious attitude; b. the Providence of God as the ultimate determinative force in the outcome of events; c. the reality, malignity and universality of evil which must be forcefully and constantly resisted; d. the dignity of human beings in bearing God's image; e. the conviction that life has meaning and that its ultimate goal, therefore, is a spiritual one - as opposed to the accumulation of wealth, the achieving of recognition from society, and the gaining access to power; f. the necessity of challenge in life for growth and fulfilment, and the importance of fortitude in successfully meeting such challenge; g. the belief that, in the purpose of God, the weak confound the strong. These emphases of Presbyterianism are to be found in all Buchan's novels, to a greater or lesser degree. All his characters are serious people, with a moral purpose in life. Like the pilgrims of the Bible, they seek a country: true fulfilment. This quest becomes more spiritual and more dearly defined as Buchan grows in age and maturity. The progress is to be traced from his early novels, where fulfilment is sought in honour and self-approving competence, as advocated by classicism; to the novels of his middle years, where fulfilment is sought in adventures suggested by romanticism. In his final novel Sick Heart River. Buchan appears to have moved somewhat from his earlier classicism and his romanticism as the road to fulfilment. In this novel, Buchan expresses what, for him, is ultimate fulfilment: a conversion to God that produces self-sacrificing love for others. The terminally-ill Edward Leithen sets out on a romantic adventure that will enable him to die with dignity, and so, in classic style, justify his existence. He has a belief in God, but in a God who is almighty, distant and largely irrelevant to Leithen's life. In the frozen North of Canada, where he expects to find his meagre beliefs in God's absolute power confirmed by the icy majesty of mountain and plain, he finds instead God's mercy and it melts his heart. In a Christ-like way, he brings life to others through his death, believing that, through death, he will find life. There is sufficient evidence to give plausibility to the view that Buchan is describing in Leithen his own pilgrimage. If so, it means that Buchan found his way back to the fundamental experience of the Christian life, conversion, so strongly emphasised in his orthodox Presbyterianism home and Church. However, Buchan reaches this conclusion in a Christian Platonist way, through the natural world, rather than through the more orthodox pathway of Scripture.