365 resultados para witnesses


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To examine the question of whether Queensland judicial officers endorse the need for competence tests for non-accused child witnesses in criminal proceedings, a mail survey was sent to judicial officers - questions considered the need to distinguish between children's sworn and unsworn evidence - relevance of age to competence - desirability of competence test formalities.

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Part 1 appeared in UNIVERSITY OF QUEENSLAND LAW JOURNAL 22 (2) 2003 : 199-223 (AGIS 04/2890) - judicial perspectives on the content of competence tests for sworn and unsworn evidence - substantive criteria may vary according to whether a child is to testify sworn or unsworn - formal framing may vary given a judicial appraisal of a child's capacity and understanding - referability of competence tests to the Queensland legislation.

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We use robust semidefinite programs and entanglement witnesses to study the distillability of Werner states. We perform exact numerical calculations that show two-undistillability in a region of the state space, which was previously conjectured to be undistillable. We also introduce bases that yield interesting expressions for the distillability witnesses and for a tensor product of Werner states with an arbitrary number of copies.

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In this chapter, we discuss the interviewing of adult witnesses and victims with reference to how the extant psychological and linguistic literature has contributed to understanding and informing interview practice over the past 20 years and how it continues to support practical and procedural improvements. We have only scratched the surface of this important and complex topic, but throughout this chapter we have directed readers to many in-depth reviews and some of the most contemporary research literature currently available in this domain. We have introduced the PEACE model and described the Cognitive Interview procedure and its development. We have also discussed rapport building, question types and communication style, all with reference to witness memory and practical interviewing. Finally, we highlight areas that would benefit from research, for example conducting interviews with interpreters, and how new training initiatives are seeking to improve interview procedures and interviewer practice.

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Witnesses often experience lengthy delays prior to being interviewed, during which their memories inevitably decay. Video-communication technology - favored by intergovernmental organizations for playing larger roles in judicial processes - might circumvent some of the resourcing problems that can exacerbate such delays. However, whereas video-mediation might facilitate expeditious interviewing, it might also harm rapport-building, make witnesses uncomfortable, and thereby undermine the quality and detail of their reports. Participants viewed a crime film and were interviewed either one day later via video-link, one day later face-to-face, or 1-2 weeks later face-to-face. Video-mediation neither influenced the detail or the accuracy of participants' reports, nor their ratings of the quality of the interviews. However, participants who underwent video-mediated interviews after a short delay gave more accurate, detailed reports than participants who waited longer to be interviewed face-to-face. This study provides initial empirical evidence that video-mediated communication (VMC) could facilitate the expeditious conduct of high-quality investigative interviews. © 2013 © 2013 Taylor & Francis.

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The question of how far and in what way to extend protection to witnesses in trials has manifested itself in institutions as diverse as the European Court of Human Rights (ECHR), the Committee of the International Covenant on Civil and Political Rights (ICCPR), the ad hoc criminal tribunals (International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone), and most recently the International Criminal Court (ICC). This is not surprising; as David Lusty has pointed out in his seminal analysis of the use of anonymous accusers, the question has arisen in almost every legal deliberative body for the past two thousand years.

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Coinduction is a proof rule. It is the dual of induction. It allows reasoning about non--well--founded structures such as lazy lists or streams and is of particular use for reasoning about equivalences. A central difficulty in the automation of coinductive proof is the choice of a relation (called a bisimulation). We present an automation of coinductive theorem proving. This automation is based on the idea of proof planning. Proof planning constructs the higher level steps in a proof, using knowledge of the general structure of a family of proofs and exploiting this knowledge to control the proof search. Part of proof planning involves the use of failure information to modify the plan by the use of a proof critic which exploits the information gained from the failed proof attempt. Our approach to the problem was to develop a strategy that makes an initial simple guess at a bisimulation and then uses generalisation techniques, motivated by a critic, to refine this guess, so that a larger class of coinductive problems can be automatically verified. The implementation of this strategy has focused on the use of coinduction to prove the equivalence of programs in a small lazy functional language which is similar to Haskell. We have developed a proof plan for coinduction and a critic associated with this proof plan. These have been implemented in CoClam, an extended version of Clam with encouraging results. The planner has been successfully tested on a number of theorems.

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This paper details research completed in 2007 which investigated autopsy decision making in a death investigation. The data was gathered during the first year of operation of a new Coroners Act in Queensland, Australia, which changed the process of death investigation in three ways which are important to this paper. First, it required a greater amount of information to be gathered at the scene by police, and this included a thorough investigation of the circumstances of the death, including statements from witnesses, friends and family, as well as evidence gathering at the scene. Second, it required Coroners, for the first time, to determine the level of invasiveness of the autopsy required to complete the death investigation. Third, it enabled the communication of a genuine family concern, to be communicated to the Coroner. The outcome of such information was threefold. First, a greater amount of information offered to the Coroner led to a decrease in the number of full internal autopsies ordered, but an increase in the number of partial internal autopsies ordered. Second, this shift in autopsy decision making by Coroners saw certain factors given greater importance than others in decisions to order full internal or external only autopsies. Third, a raised family concern had a significant impact on autopsy decision making and tended to decrease the invasiveness of the autopsy ordered by Coroners.