International Journal of Evidence & Proof最新文献_第3页

An Unforeseen Alliance: The Experience of Mental Health Professionals when Testifying in Sexual Assault Criminal Proceedings 一个意想不到的联盟：心理健康专业人员在性侵刑事诉讼中作证的经验

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2022-08-22 DOI: 10.1177/13657127221120957

I. Cohen

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引用次数: 0

The beyond a reasonable doubt standard of proof: Juror understanding and reform 排除合理怀疑证明标准:陪审员的理解与改革

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2022-07-25 DOI: 10.1177/13657127221114498

Olivia K. H. Smith

引用次数: 0

Corrigendum to Making the case for ECRIS: Post-‘Brexit’ sharing of criminal records information between the European Union and United Kingdom 为ECRIS提供案例的更正:“脱欧”后欧盟和英国之间的犯罪记录信息共享

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2022-07-01 DOI: 10.1177/13657127221088716

引用次数: 0

The peculiarity of American evidence law: An outsider's observation and reflection 美国证据法的特殊性:一个局外人的观察与反思

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2022-06-10 DOI: 10.1177/13657127221104651

Zhuhao Wang

{"title":"The peculiarity of American evidence law: An outsider's observation and reflection","authors":"Zhuhao Wang","doi":"10.1177/13657127221104651","DOIUrl":"https://doi.org/10.1177/13657127221104651","url":null,"abstract":"American evidence law is puzzling. It is essentially a large class of exclusionary rules barring certain types of otherwise relevant evidence from reaching the trier of fact at trial, although the same types of evidence would largely be regarded as valuable in the civil law system or simply in everyday life. For outsiders—especially those from civil law countries, which favour the principle of free proof—such peculiarity is difficult to understand. It is not an overstatement to say that the law of evidence simply never developed in civil law countries. As an outsider to the common law system, the author of this article probed into literatures regarding rationales for American evidence law, with a focus on the ‘jury control’ theory raised by James Bradley Thayer, who described evidence law as ‘child of the jury system’ in the late nineteenth century. Taking a close look at the complex, dynamic relationship between the common law jury and American evidence law, the author argues that it is time for the child (evidence law) to grow up by departing from jury thinking. American evidence scholarship should shift at least partially away from jury-based trials and toward other contexts. Such a shift will make evidence law more engaged with today's legal environment and on a global scale.","PeriodicalId":54168,"journal":{"name":"International Journal of Evidence & Proof","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"65356710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

When you say nothing at all: Invoking inferences from suspect silence in the police station 当你什么都没说的时候:从警察局嫌疑人的沉默中推断

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2022-06-10 DOI: 10.1177/13657127221104649

Y. Daly, C. Dowd, Aimee Muirhead

引用次数: 0

Exclusion of evidence in times of mass surveillance. In search of a principled approach to exclusion of illegally obtained evidence in criminal cases in the European Union 在大规模监控期间排除证据。寻求在欧洲联盟刑事案件中排除非法取得证据的原则办法

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2022-05-16 DOI: 10.1177/13657127221088328

Michele Panzavolta, E. Maes

引用次数: 0

Intermediaries in Chile: Facilitating the right of child victims and witnesses to participate and be heard in criminal trials 智利的中介机构：促进儿童受害者和证人参与刑事审判和听取其意见的权利

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2022-05-09 DOI: 10.1177/13657127221095885

V. Ulloa, Nicolás Pietrasanta, Rocío Acosta

引用次数: 2

Here is a table: A prolegomenon to a future new evidence scholarship in Africa 这是一个表格:未来非洲新证据学术的一个预兆

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2022-03-01 DOI: 10.1177/13657127221078336

T. Mosaka

{"title":"Here is a table: A prolegomenon to a future new evidence scholarship in Africa","authors":"T. Mosaka","doi":"10.1177/13657127221078336","DOIUrl":"https://doi.org/10.1177/13657127221078336","url":null,"abstract":"While it has revolutionised Evidence scholarship in the Euro-American world (mainly common law jurisdictions), the New Evidence Scholarship (‘NES’) movement is yet to arrive on African shores. African Evidence scholarship still largely reflects the relatively antiquated ‘golden age of doctrinal Evidence scholarship’, anchored by leading figures such as Bentham, Stephen, Thayer and Wigmore. This essay draws from the clarion call made historically by Biko and Sobukwe, among several other Africans, for Africa to avoid occupying a seat at a table that has already been set for it, typically in Europe. Africa approaches NES relatively late in the game, but it is contended in this essay that this presents the continent with an opportunity to draw insights from the developments of NES in the Euro-American world with a view of making its own contribution to this burgeoning field of scholarship. This essay suggests that the recognition of the special relativity of evidential proof may be a useful foundation for much broader theorising about evidence and proof in Africa. The essay concludes by using two models of proving the conduct and unlawfulness elements of the crime of corruption to illustrate the implications of this probative theory of special relativity.","PeriodicalId":54168,"journal":{"name":"International Journal of Evidence & Proof","volume":"26 1","pages":"178 - 196"},"PeriodicalIF":1.5,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45017763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal advice privilege: The legacy of Three Rivers (No. 5) and the challenge of providing consistent protection to all client types 法律咨询特权:三河律师事务所的遗产(第5位)以及为所有类型的客户提供一致保护的挑战

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2022-02-17 DOI: 10.1177/13657127221077330

M. Stockdale, R. Mitchell

引用次数: 0

Turning a graphical method of evidential reasoning into an operational tool for judges? Empirical evidence 将证据推理的图形化方法转化为法官的操作工具？经验证据

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2022-02-07 DOI: 10.1177/13657127221076172

O. Leclerc, Etienne Vergès, Géraldine Vial

{"title":"Turning a graphical method of evidential reasoning into an operational tool for judges? Empirical evidence","authors":"O. Leclerc, Etienne Vergès, Géraldine Vial","doi":"10.1177/13657127221076172","DOIUrl":"https://doi.org/10.1177/13657127221076172","url":null,"abstract":"Research on graphical methods of reasoning has made enormous progress since the pioneering work of Wigmore in the early 20th century and its later rediscovery in the 1980s. While the usefulness of graphical methods for student training and research is widely acknowledged, their use by judges remains marginal, if not non-existent, even though this was Wigmore's objective. This article explores the difficulties that graphical methods of reasoning must overcome if they are to be integrated into the practice of the courts, at a time when courts are faced with ever more pressing imperatives of efficiency. The research is based on a partnership with the French School of Magistrates (Ecole Nationale de la Magistrature) and is informed by training courses given to magistrates on the basis of real cases, during which the authors proposed that they implement what we have called the Orderly Method of Evidence Analysis. Although the research confirms the value of graphical methods in promoting rigour in evidential reasoning, it also reaffirms the already clearly identified limits related to their complexity and time-consuming nature. The article also points out the difficulties that still need to be overcome in order to operationalise graphical methods of evidential reasoning, and the difficulties encountered by these methods in avoiding judgment bias.","PeriodicalId":54168,"journal":{"name":"International Journal of Evidence & Proof","volume":"26 1","pages":"136 - 156"},"PeriodicalIF":1.5,"publicationDate":"2022-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44928648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0