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The International Journal of Evidence & Proof最新文献

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Miscarriage of justice and expert evidence on the credibility of children's testimony: Some issues regarding its use in Chile and Spain 误判和关于儿童证词可信度的专家证据：在智利和西班牙使用儿童证词的一些问题
The International Journal of Evidence & Proof Pub Date : 2024-05-20 DOI: 10.1177/13657127241253019
Rámon Beltrán Calfurrapa
{"title":"Miscarriage of justice and expert evidence on the credibility of children's testimony: Some issues regarding its use in Chile and Spain","authors":"Rámon Beltrán Calfurrapa","doi":"10.1177/13657127241253019","DOIUrl":"https://doi.org/10.1177/13657127241253019","url":null,"abstract":"The purpose of this article is to examine the expert evidence on the credibility of children's testimony and the potential risks it poses as a source of error in the criminal justice system. To achieve this, under the regulatory prism of Chile and Spain, we will identify the main techniques and procedures commonly used in this type of evidence and we will explain how their high margin of error does not align with the requirements of the presumption of innocence and reasonable doubt. Therefore, due to its questionable status as regards reliability and acceptability, we will conclude that this evidence should only be used as peripheral corroborative support of testimony in qualified cases, aiming to minimise its potential negative impact on the wrongful conviction of innocent individuals.","PeriodicalId":227262,"journal":{"name":"The International Journal of Evidence & Proof","volume":"77 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141120973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Parading the eyewitness: Caste atrocity and the Test Identification Parade 游行目击者：种姓暴行与检验身份游行
The International Journal of Evidence & Proof Pub Date : 2024-03-28 DOI: 10.1177/13657127241236209
Achintya Anita Gurumurthy
{"title":"Parading the eyewitness: Caste atrocity and the Test Identification Parade","authors":"Achintya Anita Gurumurthy","doi":"10.1177/13657127241236209","DOIUrl":"https://doi.org/10.1177/13657127241236209","url":null,"abstract":"The study of the Test Identification Parade (TIP) within Indian evidence law must be contextualised considering the intensification of atrocities and brutalities against oppressed caste communities in India. Despite the existence of a separate law – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – to adjudicate caste-based atrocities, its implementation has been met with severe obstacles. Studying how evidentiary practices encounter the Act reveals how the law of evidence, too, participates in the playing out of a caste crime. It is in this regard that the discussion surrounding the Test Identification Parade must be infused with a political character, surfacing the power relations and structural aspects surrounding testimony and memory within crimes. Through the TIP, evidence law constitutes the nodal site upon which the dominant caste police and judiciary collude to deprive marginalised castes of just outcomes. This piece examines the jurisprudence of the TIP in caste atrocities judgments, in order to investigate the various ways in which the law plays out a caste atrocity.","PeriodicalId":227262,"journal":{"name":"The International Journal of Evidence & Proof","volume":"123 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140370222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The standard of proof and crime prevention: A theoretical and empirical analysis 举证标准与犯罪预防：理论与实证分析
The International Journal of Evidence & Proof Pub Date : 2024-01-27 DOI: 10.1177/13657127241228309
Ezequiel Malarino
{"title":"The standard of proof and crime prevention: A theoretical and empirical analysis","authors":"Ezequiel Malarino","doi":"10.1177/13657127241228309","DOIUrl":"https://doi.org/10.1177/13657127241228309","url":null,"abstract":"Since fallibility is unavoidable, any criminal justice system must decide how the risk of error should be distributed. The traditional view holds that a false conviction is morally far worse than a false acquittal. Therefore, erroneous outcomes must be distributed asymmetrically to avoid, to the highest possible extent, convicting the innocent. This article casts doubts on this assumption. It postulates that the traditional view defends a markedly asymmetrical distribution of erroneous outcomes, because it neglects the preventive cost of acquitting the guilty. After a theoretical and empirical analysis, this article concludes that crime prevention must be considered when establishing the level of the standard of proof; and, when it is considered, pro tanto reasons emerge to adopt a weaker standard than that normally deemed appropriate in criminal cases. The article also examines three possible reasons why preventive arguments are not considered when establishing the criminal standard of proof. It concludes that ignoring the consequences of the standard of proof on crime cannot be justified by the distinction between statistical and individualised victims, or by that between distribution and concentration of harm, or ultimately by that between action and omission.","PeriodicalId":227262,"journal":{"name":"The International Journal of Evidence & Proof","volume":"17 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139592424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Similar fact evidence in contractual interpretation: Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37 合同解释中的类似事实证据：Bhoomatidevi d/o Kishinchand Chugani Kavita Gope Mirwani 夫人诉 Nantakumar s/o 诉 Ramachandra 及另一人 [2023] SGHC 37
The International Journal of Evidence & Proof Pub Date : 2024-01-15 DOI: 10.1177/13657127231225472
Calvin Chirnside
{"title":"Similar fact evidence in contractual interpretation: Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37","authors":"Calvin Chirnside","doi":"10.1177/13657127231225472","DOIUrl":"https://doi.org/10.1177/13657127231225472","url":null,"abstract":"In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of the Evidence Act.","PeriodicalId":227262,"journal":{"name":"The International Journal of Evidence & Proof","volume":"159 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139622406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal transcription service in the light of access to justice in the Southern Nations, Nationalities and Peoples’ Regional State (SNNPRS) judicial system 根据南方各族州（SNNPRS）司法系统的司法救助情况提供法律记录服务
The International Journal of Evidence & Proof Pub Date : 2024-01-02 DOI: 10.1177/13657127231217774
Mengistu Dinato Didena
{"title":"Legal transcription service in the light of access to justice in the Southern Nations, Nationalities and Peoples’ Regional State (SNNPRS) judicial system","authors":"Mengistu Dinato Didena","doi":"10.1177/13657127231217774","DOIUrl":"https://doi.org/10.1177/13657127231217774","url":null,"abstract":"This paper focuses on the serious but not well-acknowledged problem related to legal transcript production in SNNPRS High Courts. It sheds light on how distortions of content are made in the testimonies of witnesses to the extent they may affect the legal evidential purpose transcripts could serve. Textual data were collected through audio-recording of court proceedings, review of legal transcripts and interviews. The findings indicated that legal transcription is conducted by employees who had qualification in computer science, but no training in legal transcription and the role that transcripts have in the judicial process. The High Courts of the region employ unilingual and inter-lingual modes of transcription, depending on whether limited court language-proficient witnesses who testify in their native tongue are provided with a court interpreter or not. Major language use problems that are observed in the legal transcripts were found to be attributable to lack of training, and lack of awareness on the part of judges, the judicial system and legal transcribers.","PeriodicalId":227262,"journal":{"name":"The International Journal of Evidence & Proof","volume":"51 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139390551","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Examining factors predicting sexual exploitation among victims of human trafficking 研究预测人口贩运受害者遭受性剥削的因素
The International Journal of Evidence & Proof Pub Date : 2023-12-28 DOI: 10.1177/13657127231222292
BE Kooffreh
{"title":"Examining factors predicting sexual exploitation among victims of human trafficking","authors":"BE Kooffreh","doi":"10.1177/13657127231222292","DOIUrl":"https://doi.org/10.1177/13657127231222292","url":null,"abstract":"The primary aim of this study is to investigate the factors predicting sexual exploitation among victims of human trafficking, specifically examining how traffickers’ means of control, types of sexual services, nature of recruiter relationships and female age groups play a role in this phenomenon. The data analysed spanned from 2002 to 2019 and were sourced from anonymised public data provided by the Counter-Trafficking Data Collaborative (CTDC), a global hub collecting information from counter-trafficking organisations worldwide. Utilising a binary logistic regression approach, the study identified that traffickers employ various means of control, such as debt bondage, taking earnings, threats, sexual abuse, false promises, use of psychoactive substances, exploitation of children, threat of law enforcement and withholding necessities, aligning with Biderman's Theory of Coercion. Additionally, victims experience prostitution, pornography and private sexual services, often recruited by intimate partners and friends. Furthermore, the study revealed that young women aged 30 years and above were less likely to experience sexual exploitation compared to younger girls.","PeriodicalId":227262,"journal":{"name":"The International Journal of Evidence & Proof","volume":"9 S1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139152066","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The role of the judge in the European plea bargaining procedures: Three models compared 法官在欧洲认罪求情协议程序中的作用：三种模式比较
The International Journal of Evidence & Proof Pub Date : 2023-12-18 DOI: 10.1177/13657127231217773
Ali Emrah Bozbayındır
{"title":"The role of the judge in the European plea bargaining procedures: Three models compared","authors":"Ali Emrah Bozbayındır","doi":"10.1177/13657127231217773","DOIUrl":"https://doi.org/10.1177/13657127231217773","url":null,"abstract":"This article examines the role of the judge in ‘prosecutor-centred’, ‘law-centred’ and ‘judge-centred’ models of plea bargaining in the European context. A comprehensive study regarding the judicial role in plea bargaining is necessary, since the principle of double control has frequently been neglected in negotiated case dispositions, and in the literature it has often been suggested that more robust judicial control of plea bargaining should be in place. Instead of a pan-European overview, our article focuses on the different models of plea bargaining, particularly in the example of the Swiss abbreviated proceedings, the German confession bargaining and the English sentence discount. In order to put the judge's role into context, the article first introduces the contours of each model before analysing the role of the judge in these proceedings. In conclusion, the article compares the models discussed, which would provide a baseline for assessing the judicial role in plea bargaining.","PeriodicalId":227262,"journal":{"name":"The International Journal of Evidence & Proof","volume":"39 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139176016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
What do we know about ‘rape myth’ research and the claim that there is ‘overwhelming evidence’ that juries are prejudiced in rape trials? 我们对 "强奸神话 "研究以及 "大量证据 "表明陪审团在强奸案审判中存在偏见的说法了解多少？
The International Journal of Evidence & Proof Pub Date : 2023-12-12 DOI: 10.1177/13657127231217510
Stuart Waiton
{"title":"What do we know about ‘rape myth’ research and the claim that there is ‘overwhelming evidence’ that juries are prejudiced in rape trials?","authors":"Stuart Waiton","doi":"10.1177/13657127231217510","DOIUrl":"https://doi.org/10.1177/13657127231217510","url":null,"abstract":"This paper examines the research by Fiona Leverick and demonstrates the methodological flaws in much of the ‘rape myth’ and mock jury research. Other ideas about rape myths and the ‘justice gap’ are explored and seen to be questionable. Furthermore, through a detailed examination of the rape myth acceptance scales, which Leverick describes as being ‘scientifically validated’, we trace the ideological and political-ethical nature of these scales and show a clear one-sidedness in how researchers have used them. Most particularly, we find that there is one-sidedness when it comes to the question of victim empathy. One result of this is that mock jury research has indicated that victim empathetic participants are finding individuals guilty of rape, despite the lack of evidence, and almost nothing has been said about the potential miscarriages of justice being demonstrated in these cases. The argument is thus made that rather than there being overwhelming evidence of rape myth prejudices amongst the public, there appears to be a one-sidedness amongst most rape myth researchers that is encouraging a sentiment of victim empathy that could distort the principles of justice regarding defendants being innocent until proven guilty based on a need to prove guilt beyond reasonable doubt. 1","PeriodicalId":227262,"journal":{"name":"The International Journal of Evidence & Proof","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139007839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Evidence from criminal law experts in Indonesian criminal trials: Usurping the judicial function? 印度尼西亚刑事审判中刑法专家提供的证据：篡夺司法职能？
The International Journal of Evidence & Proof Pub Date : 2023-11-29 DOI: 10.1177/13657127231217319
Simon Butt, Andreas Nathaniel
{"title":"Evidence from criminal law experts in Indonesian criminal trials: Usurping the judicial function?","authors":"Simon Butt, Andreas Nathaniel","doi":"10.1177/13657127231217319","DOIUrl":"https://doi.org/10.1177/13657127231217319","url":null,"abstract":"This article seeks to account for the recent explosion in the use of expert legal evidence given by criminal law academics in criminal trials in Indonesia. This issue has received almost no scholarly attention, despite experts sometimes even opining on the guilt or innocence of defendants. Focusing on the evidence given for criminal trials by three preeminent Indonesian legal scholars, this article examines the form and content of the evidence, the justifications put forward in Indonesia for allowing it, and whether judges are receptive to it. Contrary to the assumptions of lawyers, we find that, overall, expert evidence appears to have very little discernible impact on judicial decision-making. It does, however, give the state an evidentiary advantage over defendants in some cases. We then consider what our findings say about the Indonesian judicial system—particularly the perceived competence of its judges—and the legal system more broadly.","PeriodicalId":227262,"journal":{"name":"The International Journal of Evidence & Proof","volume":"152 12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139211811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The research on an electronic evidence forensic system for cross-border cybercrime 跨境网络犯罪电子证据取证系统研究
The International Journal of Evidence & Proof Pub Date : 2023-07-09 DOI: 10.1177/13657127231187059
Hengyue Zhang, Xiangqian Gong
{"title":"The research on an electronic evidence forensic system for cross-border cybercrime","authors":"Hengyue Zhang, Xiangqian Gong","doi":"10.1177/13657127231187059","DOIUrl":"https://doi.org/10.1177/13657127231187059","url":null,"abstract":"In response to cross-border cybercrime, investigative organs have adopted cross-border criminal forensic measures such as online public extraction, remote electronic data inspection and real-time monitoring, which may violate the principles of data sovereignty and judicial assistance. While promoting the establishment of a cross-border cooperation mechanism, China should establish a new cross-border electronic evidence criminal forensics model by promoting the procedural justification of cross-border search and monitoring measures. To better regulate cross-border criminal forensics activities, it is necessary to improve the cross-border cybercrime procuratorial organs system to intervene in advance and guide investigations.","PeriodicalId":227262,"journal":{"name":"The International Journal of Evidence & Proof","volume":"34 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132083634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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