Hints on advocacy : conduct of cases civil and criminal, classes of witnesses, and suggestions for cross-examining them, etc., etc. /

Includes index.

The theory of the law of evidence as established in the United States, and of the conduct of the examination of witnesses.

Mode of access: Internet.

Does the summative assessment of real world learning using criterion-referenced assessment need to be discipline specific?

This paper synthesises the existing literature on the contemporary conception of ‘real world’ and compares it with similar notions such as ‘authentic’ and ‘work integrated learning’. While the term ‘real world’ may be partly dependent on the discipline, it does not necessarily follow that the criterion-referenced assessment of ‘real world’ assessment must involve criteria and performance descriptors that are discipline specific. Two examples of summative assessment (court report and trial process exercise) from a final year core subject at the Queensland University of Technology, LWB432 Evidence, emphasise real world learning, are authentic, innovative and better prepare students for the transition into the workplace than more generic forms of assessment such as tutorial participation or oral presentations. The court report requires students to attend a criminal trial in a Queensland Court and complete a two page report on what they saw in practice compared with what they learned in the classroom. The trial process exercise is a 50 minute written closed book activity conducted in tutorials, where students plan questions that they would ask their witness in examination-in-chief, plan questions that they would ask their opponent’s witness in cross-examination, plan questions that they would ask in reexamination given what their opponent asked in cross-examination, and prepare written objections to their opponent’s questions. The trial process exercise simulates the real world, whereas the court report involves observing the real world, and both assessment items are important to the role of counsel. The design of the criterion-referenced assessment rubrics for the court report and trial process exercise is justified by the literature. Notably, the criteria and performance descriptors are not necessarily law specific and this paper highlights the parts that may be easily transferred to other disciplines.

Royal Commissions and Criminal Justice : Behind the Ideal

Royal commissions are approached not as exercises in legitimation and closure but as sites of struggle that are heavily traversed by power holders yet are open to the voices of alternative and unofficial social groups, social movements, and individuals. Three case studies are discussed that highlight the hegemony of the legal methodology and discourse that dominate many inquiries. The first case, involving a single-case miscarriage inquiry, involves a man who was accused, convicted, and served a prison sentence for the murder of his wife. Nineteen years following the murder another man confessed to the crime. The official inquiry found that nothing had gone wrong in the criminal justice process; it had operated as it should. Thus, in the face of evidence that the criminal justice process may be flawed, the discursive strategy became one of silence; no explanation was offered except for the declaration that nothing had gone wrong. The fallibility of the criminal justice system was thus hidden from public view. The second case study examines the Wood Royal Commission into corruption charges within the NSW Police Service. The royal commission revealed a bevy of police misconduct offenses including process corruption, improper associations, theft, and substance abuse, among others. The author discusses the ways in which the other criminal justice players, the judiciary and prosecuting attorneys, emerge only briefly as potential ethical agents in relation to police misconduct and corruption and then abruptly disappear again. Yet, these other players are absolved of any responsibility for police misconduct. The third case study involves a spin-off inquiry into the facts surrounding the Leigh Leigh rape and murder case. This case illustrates how official inquires can seek to exclude non-traditional viewpoints and methodologies; in this case, the views of a feminist criminologist. The third case also illustrates how the adversarial process within the legal system allows those with power to subjugate the viewpoints of others through the legitimate use of cross-examination. These three case studies reveal how official inquiries tend to speak from an “idealized conception of justice” and downplay any viewpoint that questions this idealized version of the truth.

'Just be Brave' - The Experiences of Young Witnesses in Criminal Proceedings in Northern Ireland

The last three decades have witnessed considerable interest in the position of children and young people acting as witnesses in criminal cases and on how best to facilitate them to give their best evidence and minimise the trauma involved. This paper presents the findings of a small-scale study in Northern Ireland examining the experiences of young witnesses pre-trial, during the trial and post-trial. Interviews were carried out with 37 young witnesses and 33 parents, and a questionnaire was completed by 16 volunteers and practitioners working in a local young witness support scheme. The findings indicate that the prospect and actuality of giving evidence in a criminal trial are anxiety-provoking and stressful for the majority of young witnesses. Particular issues identified are delay, both in terms of cases coming to court and in waiting times at court, the availability of pre-trial preparation and support, facilities at court buildings and the treatment of young people during cross-examination by defence lawyers. The paper concludes that there is a continuing need to strive for improvement, and that this necessarily involves reviewing the experiences of young witnesses and seeking their views on measures designed to enable them to give their best evidence. Copyright © 2013 John Wiley & Sons, Ltd.

Professionals’ views on child sexual abuse attrition rates

Child sexual abuse cases often do not result in convictions; this attrition is due to factors inside and outside the control of the justice system. The aims of the current study were to: (1) establish the most important factors in contributing to the attrition of child sexual abuse; and (2) suggest ways to reduce the attrition associated with these factors. This study focused on system improvements to determine where efforts should be prioritised. The research approach consisted of in-depth interviews with 31 professionals from various disciplines (including police, judges, child welfare officers, doctors and psychologists). The interviewees represented a diverse group of professionals offering unique perspectives. Thematic analysis revealed five broad areas requiring focus for improvement and further reform: greater specialisation, facilitating the accessibility of services, making the trial process more user-friendly, overcoming misinformed beliefs and adequate representation of child sexual abuse. These areas, along with professionals’ practical recommendations, are discussed.

Opiniões e expectativas de professores e alunos do curso de ciências contábeis da Universidade Federal da Paraíba: um exame das propostas de Gomes e Handel

O objetivo deste estudo foi avaliar a aceitabilidade, pelo corpo docente e discente do curso de Ciências Contábeis da UFPB, das propostas de GOMES e HANDEL em relação à reestruturação dos cursos de Ciências Contábeis no Brasil (Capítulo I). Na fundamentação teórica procurou-se contextualizar a situação atual em que se encontra os cursos de Ciências Contábeis no Brasil, bem como os estudos de GOMES e HANDEL que deram fundamento ao estudo (Capítulo II). A seguir, apresenta-se a metodologia utilizada, justificando-se as razões de seu emprego neste tipo de estudo, desenvolvendo-se um Plano de Referência para ser testado na pesquisa (Capítulo III). Por meio de questionários foram coletados dados de professores e alunos, possibilitando a montagem de tabelas que revelaram alguns aspectos do curso. Os resultados obtidos propiciaram um conhecimento detalhado das características do curso, bem como a aceitabilidade das propostas contidas nos estudos de GOMES e HANDEL (Capítulo IV). Finalmente, relacionando-se os resultados obtidos ao Plano de Referência, pode-se chegar a uma análise e conclusão do estudo (Capítulo V).

Infecção pelo vírus da diarreia viral bovina em vacas gestantes abatidas no Estado de São Paulo-Brasil

The most important pathogens in the bovine livestock nowadays in the virus of the viral diarrhea mainly for triggered clinical manifestations related to the reproductive sphere. The infection in pregnant females, may result in abortions, embryonic resorptions, fetal mummification, birth of weak and malformation of the cattle. Moreover, their birth with persistently infected and immunotolerant virus, which the source of infection and dissemination of their disease. Nowadays, the complexity of the diagnosis and consequently its pathogenesis are tilted in the genotypic differences agent. So, this study aimed to verify the occurrence of the BVDV-1 (SINGER) and BVDV-2 (VS-253) genotypes in cows and their respective fetuses, slaughtered in an abattoir in the State of Sao Paulo. Through blood serum, using virus neutralization technique. All in all, 52,51% (115/219) of the cows which were tested reacted, but no fetus (0/219) reacted, to its virus neutralization. Through this cross-examination we observed that 42% (92/219) of cows reacted for both BVDV-1 and BVDV-2. Furthermore 4,10% (9/219) of them reacted only to the genotype BVDV-1 and 6,39% (14/219) responded only to the genotype 2 of BVDV. Therefore it was noticed that both strains are widespread in the regions studied, which justifies the use of different antigens to avoid false-negative diagnosis. Finally antibodies showed no fetus or fetal abnormalities, it is already developed and can be considered immunocompetent, independent child born to a reagent.

Anticorpos virusneutralizantes para o genótipo 1 e 2 do vírus da diarréia viral bovina em vacas gestantes abatidas em frigorífico e respectivos fetos

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Periacetabular osteotomy through the pararectus approach: technical feasibility and control of fragment mobility by a validated surgical navigation system in a cadaver experiment

PURPOSE The pararectus approach has been validated for managing acetabular fractures. We hypothesised it might be an alternative approach for performing periacetabular osteotomy (PAO). METHODS Using four cadaver specimens, we randomly performed PAO through either the pararectus or a modified Smith-Petersen (SP) approach. We assessed technical feasibility and safety. Furthermore, we controlled fragment mobility using a surgical navigation system and compared mobility between approaches. The navigation system's accuracy was tested by cross-examination with validated preoperative planning software. RESULTS The pararectus approach is technically feasible, allowing for adequate exposure, safe osteotomies and excellent control of structures at risk. Fragment mobility is equal to that achieved through the SP approach. Validation of these measurements yielded a mean difference of less <1 mm without statistical significance. CONCLUSION Experimental data suggests the pararectus approach might be an alternative approach for performing PAO. Clinical validation is necessary to confirm these promising preliminary results.

An introduction to forensic linguistics:language in evidence

From the accusation of plagiarism in The Da Vinci Code, to the infamous hoaxer in the Yorkshire Ripper case, the use of linguistic evidence in court and the number of linguists called to act as expert witnesses in court trials has increased rapidly in the past fifteen years. An Introduction to Forensic Linguistics: Language in Evidence provides a timely and accessible introduction to this rapidly expanding subject. Using knowledge and experience gained in legal settings – Malcolm Coulthard in his work as an expert witness and Alison Johnson in her work as a West Midlands police officer – the two authors combine an array of perspectives into a distinctly unified textbook, focusing throughout on evidence from real and often high profile cases including serial killer Harold Shipman, the Bridgewater Four and the Birmingham Six. Divided into two sections, 'The Language of the Legal Process' and 'Language as Evidence', the book covers the key topics of the field. The first section looks at legal language, the structures of legal genres and the collection and testing of evidence from the initial police interview through to examination and cross-examination in the courtroom. The second section focuses on the role of the forensic linguist, the forensic phonetician and the document examiner, as well as examining in detail the linguistic investigation of authorship and plagiarism. With research tasks, suggested reading and website references provided at the end of each chapter, An Introduction to Forensic Linguistics: Language in Evidence is the essential textbook for courses in forensic linguistics and language of the law.

Does expert psychological testimony improve juror sensitivity to lineup suggestiveness?

Previous research has examined the validity of behavioral assumptions underlying the presumed effectiveness of safeguards against erroneous conviction resulting from mistaken eyewitness identification. In keeping with this agenda, this study examined juror sensitivity to lineup suggestiveness in the form of foil, instruction, and presentation biases and whether expert psychological testimony further sensitizes jurors to the factors that influence the likelihood of false identifications. One hundred and sixty jury eligible citizens watched versions of a videotaped trial that included information about the identification of the defendant by an eyewitness and that varied the suggestiveness of the eyewitness identification procedure. In addition, half of the mock-jurors heard the testimony of an expert psychologist regarding the factors that influence lineup suggestiveness. Mock-jurors rendered individual verdicts, rated the defendant's culpability and the suggestiveness and fairness of the identification procedure. Results indicated that jurors are somewhat sensitive to foil bias but are insensitive to instruction and presentation biases. No evidence was found to suggest that expert testimony leads to juror skepticism or juror sensitization. These results question the effectiveness of cross-examination and expert testimony as safeguards against erroneous convictions resulting from mistaken identification. ^

From crime to court - an experience report of a digital forensics group project module.

This paper discusses the large-scale group project undertaken by BSc Hons Digital Forensics students at Abertay University in their penultimate year. The philosophy of the project is to expose students to the full digital crime "life cycle", from commission through investigation, preparation of formal court report and finally, to prosecution in court. In addition, the project is novel in two aspects; the "crimes" are committed by students, and the moot court proceedings, where students appear as expert witnesses for the prosecution, are led by law students acting as counsels for the prosecution and defence. To support students, assessments are staged across both semesters with staff feedback provided at critical points. Feedback from students is very positive, highlighting particularly the experience of engaging with the law students and culminating in the realistic moot court, including a challenging cross-examination. Students also commented on the usefulness of the final debrief, where the whole process and the student experience is discussed in an informal plenary meeting between DF students and staff, providing an opportunity for the perpetrators and investigators to discuss details of the "crimes", and enabling all groups to learn from all crimes and investigations. We conclude with a reflection on the challenges encountered and a discussion of planned changes.

The role of forensic dentistry for identification of a criminal sexual assault: a casework report

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