7 resultados para evidence-in-chief

em Digital Commons at Florida International University


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This Master's Thesis will re-evaluate the conclusions of the Vatican on the issue of women's ordination, as presented in the documents Inter Insigniores and Ordinatio Sacerdotalis, by researching the discoveries of scriptural scholarship on the significance of women in the New Testament ministries. The essential question is, are the two previously mentioned documents authoritative when they exclude women from priesthood on the basis of Scripture? Special emphasis is on the unprejudiced rereading of the status of women in the ministry of Jesus and the early church communities. The research proved that there is no significant evidence in the New Testament to reserve ordained ministries in the Church to men only.

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Monahan and Walker (1988) delineated three uses of social science evidence within the courts: social authority, social fact, and social framework. Social authority evidence is social science evidence used in making policy or law. Social fact evidence is social science evidence that describes research undertaken expressly for the case at hand. Social framework evidence involves providing conclusions from previously conducted social science research to assist jurors in evaluating the other evidence in the case. Although this type of evidence has traditionally been presented via expert testimony, Monahan and Walker (1988) have suggested that, because the social science research involved comes from the extant literature and is not the province of any particular expert, it would be more economical to have the judge present this information as part of the judicial instructions to the jury. This study tested the implicit assumption that the presentation of the social framework evidence by the judge will have the same impact on juror verdicts as presentation of this evidence by an expert. ^ Two hundred mock jurors watched a videotaped hostile work environment sexual harassment trial. The social framework evidence consisted of the discussion of factors that have been found to increase the likelihood of sex stereotyping of women by men. The trial included either no social framework evidence, social framework evidence presented by the expert, or social framework evidence presented in judicial instructions. ^ Results indicated that men who heard the social framework evidence from the judge were more likely to vote for the defendant than men who heard no social framework evidence. Men who heard the judicial instruction with the social framework evidence also rated the plaintiff as less credible than the other men and women in the study. Thus, it appears that, for men, social framework evidence presented by the judge harms the plaintiff's case by reducing ratings of her credibility, but the same evidence presented by an expert does not affect men's verdicts. For women, however, social framework evidence, irrespective of who presents it, enhances the plaintiff's case. ^

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Mistaken eyewitness identifications of innocent lead to more false convictions in the United States than any other cause. In response to concerns about the reliability of eyewitness evidence, the National Institute of Justice (NIJ) in 1999 published a Guide for the gathering and preservation of eyewitness evidence by law enforcement personnel. Previous research has shown that eyewitness identifications are more accurate when obtained using procedures recommended in the NIJ Guide. This experiment assessed whether informing jurors about the Guide can improve their ability to discriminate between eyewitness identifications likely to be accurate and those likely to be inaccurate and, if so, how to most effectively provide jurors with such information. ^ Seven hundred sixteen U.S. citizens who reported for criminal jury duty participated. Half of the participant jurors read a summary of an armed robbery trial in which the police followed the NIJ Guide when obtaining an eyewitness identification of the defendant. The other half read about an identical case in which the police did not follow the Guide. Jurors received information about the Guide from a court-appointed expert witness, one of the attorneys in the case, the trial judge, the judge in combination with one of the attorneys, or from no one (in the control groups). Jurors then rendered a verdict in the case and answered questions about the evidence in the case. ^ When an expert witness or the judge (either alone or in combination with one of the attorneys) informed jurors about the Guide, the jurors voted to convict defendants likely to be guilty and to acquit defendants likely to be innocent more often than did uninformed jurors assigned to a control group. These data suggest that informing jurors about the NIJ Guide using expert testimony or instructions from a judge will improve the quality and accuracy of jurors' verdict decisions in cases involving eyewitness identification evidence. However, more research is needed to determine whether the judge will remain an effective source of information about the Guide in a longer, more detailed trial scenario and to learn more about the underlying psychological processes governing the effects observed in this experiment. ^

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Concha Meléndez opened up a venue for the discussion of a Latin American identity in works of literature when she implied that the great Latin American novel would gestate in the cities, the space where the typical Latin American would achieve an ideal state of consciousness and intellectual capabilities. ^ Her point of view mirrored nineteenth-century debate on a Latin American identity. Similar to her viewpoint, intellectuals of this period viewed the cities and their inhabitants of European extraction, as the ideal spaces and people on which an identity could be defined. However, the present state of urban and rural areas in Latin America demonstrates that there is no such clear-cut division of city and countryside or of their inhabitants. The dynamics of movement, from rural to urban areas, of people of diverse ethnic, and socioeconomic backgrounds, make it difficult to uphold descriptors of space, race, or culture, as sole descriptors of an identity. ^ A study of five twentieth-century novels from North and South America, La muerte de Artemio Cruz (1962), Hasta no verte Jesús mío (1969), Los ríos profundos (1981), La casa de los espíritus (1982), and Los años con Laura Díaz (1999) reveal that the dynamism of movement, between countryside, and cities of peoples of distinct races and social backgrounds, hamper the definition of a collective identity in specific spaces. As characters move, they are constantly reconfiguring their identities and creating tensions and conflicts that intensify social, racial and economic divisions in society. This makes it difficult to ascribe permanent identity descriptors, much less define a collective identity. ^ However, as writers of fiction address the malaise in Latin American societies, they have unearthed descriptors such as history, economy, land, and movement that advance a collective definition of self in these societies. Additionally, female characters have been granted a new identity. The overwhelming evidence in this study points to ‘land’ as the prime factor in the identity dilemma and suggests that a definition will not be possible until the vast landless populace is granted a space they can call home. Only then, perhaps, will Meléndez novel surface. ^

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The investigations of human mitochondrial DNA (mtDNA) have considerably contributed to human evolution and migration. The Middle East is considered to be an essential geographic area for human migrations out of Africa since it is located at the crossroads of Africa, and the rest of the world. United Arab Emirates (UAE) population inhabits the eastern part of Arabian Peninsula and was investigated in this study. Published data of 18 populations were included in the statistical analysis. The diversity indices showed (1) high genetic distance among African populations and (2) high genetic distance between African populations and non-African populations. Asian populations clustered together in the NJ tree between the African and European populations. MtDNA haplotypes database of the UAE population was generated. By incorporating UAE mtDNA dataset into the existing worldwide mtDNA database, UAE Forensic Laboratories will be able to analyze future mtDNA evidence in a more significant and consistent manner. ^

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The current study investigated the exculpatory value of alibi evidence when presented together with various types of incriminating evidence. Previous research has reported that alibi evidence could weaken the effects of DNA evidence and eyewitness identification. The present study assessed the effectiveness of alibi evidence in counteracting defendant's confession (experiment 1) and eyewitness evidence (experiment 2). In experiment 1, three levels of alibi evidence (none, weak, strong) were combined with three levels of confession evidence (voluntary, elicited under low pressure, elicited under high pressure). Results indicated significant main effects of confession and alibi and an alibi by confession interaction. Of participants exposed to high-pressure confession, those in the strong alibi condition rendered lower guilt estimates than those in the no alibi condition. In experiment 2, three levels of alibi were combined with two levels of eyewitness evidence (bad view, good view). A main effect of alibi was obtained, but no interaction between alibi and eyewitness evidence. ^ An explanation of this pattern is based in part on the Story Model (Pennington & Hastie, 1992) and a novel “culpability threshold” model of juror decision-making. The Story Model suggests that jurors generate verdict stories (interpretations of events consistent with a guilty or not guilty verdict) based on trial evidence. If the evidence in favor of guilt exceeds jurors' threshold for perceiving culpability, jurors will fail to properly consider exonerating evidence. However, when the strength of incriminating evidence does not exceed the jurors' threshold, they are likely to give appropriate consideration to exculpatory evidence in their decisions. ^ Presentation of a reliable confession in Experiment 1 exceeded jurors' culpability threshold and rendered alibi largely irrelevant. In contrast, presentation of a high-pressure confession failed to exceed jurors' culpability threshold, so jurors turned to alibi evidence in their decisions. Similarly, in the second experiment, eyewitness evidence (in general) was not strong enough to surpass the culpability threshold, and thus jurors incorporated alibi evidence in their decisions. A third study is planned to further test this “culpability threshold” model, further explore various types of alibi evidence, and clarify when exculpatory evidence will sufficiently weaken the prosecution's “story.” ^

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Jacquemontia reclinata House (Convolvulaceae) is a federally-listed endangered species endemic to coastal strand habitat of southeastern Florida, from Palm Beach to Miami-Dade counties. Although J. reclinata is currently defined as a species, its taxonomic distinctness has never been analyzed using phylogenetic evidence. In order to assess the evolutionary distinctness of J. reclinata and identify its closest relatives, internal transcribed spacer (ITS) regions within nuclear ribosomal DNA were sequenced, and the sequence data was used to reconstruct a phylogeny of Jacquemontia. The study included the three putative relatives of J. reclinata and all other species within Jacquemontia known to occur in the Greater Antilles and Bahamas, except for three species. Results concur with previous morphological studies, which suggest that J. reclinata is closely related to J. cayensis Britton, J. curtisii Peter, and J. havanensis Urban. These three species and J. reclinata form an unresolved clade. Therefore, it is not certain which of these Caribbean species is sister to J. reclinata. The lack of resolution within the clade that includes J. reclinata implies that the taxa within the clade are evolutionarily similar. Future taxonomic studies of J. reclinata should focus in resolving relationships within the Jacquemontia reclinata clade.