International Journal of Evidence & Proof最新文献_第6页

‘I am not beholden to anyone… I consider myself to be an officer of the court’: A comparison of the intermediary role in England and Wales and Northern Ireland “我不欠任何人的人情……我认为自己是法院的官员”:英格兰、威尔士和北爱尔兰的中介角色比较

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2021-02-03 DOI: 10.1177/13657127211002291

John Taggart

引用次数: 3

A case study on shortage of evidence in wrongful convictions in China 我国错案定罪证据不足的个案研究

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2021-01-01 DOI: 10.1177/1365712720983933

HE Jiahong

引用次数: 3

Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence 受害者法律代理和对抗性刑事审判:对为严重性暴力投诉人提供第三方律师建议的批判性分析

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2021-01-01 DOI: 10.1177/1365712720983931

Tyrone Kirchengast

{"title":"Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence","authors":"Tyrone Kirchengast","doi":"10.1177/1365712720983931","DOIUrl":"https://doi.org/10.1177/1365712720983931","url":null,"abstract":"The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly with the traditional adversarial framework—which sees crime as contested between state and accused—legal representation for complainants is not unprecedented, and victims may already retain counsel for limited matters. Despite broader use of victim legal representation in the United States, Ireland and Scotland, and as recently considered by the Sir John Gillen Review in Northern Ireland, legal representation for sex offences complainants is only just developing in Australia. Notwithstanding recent reference to legal representation for complainants where sexual history or reputational evidence may be adduced, there exists no sufficient guidance as to how such representation may be integrated in the Australian criminal trial context. This article explores the implications of introducing such counsel in Australia, including the possible role of non-legal victim advocates.","PeriodicalId":54168,"journal":{"name":"International Journal of Evidence & Proof","volume":"25 1","pages":"53 - 72"},"PeriodicalIF":1.5,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1365712720983931","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43603728","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: 2

Zombie forensics: the use of the polygraph and the integrity of the criminal justice system in England and Wales 僵尸取证：测谎仪的使用与英格兰和威尔士刑事司法系统的完整性

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2020-12-02 DOI: 10.1177/1365712720983929

Kyriakos N. Kotsoglou

{"title":"Zombie forensics: the use of the polygraph and the integrity of the criminal justice system in England and Wales","authors":"Kyriakos N. Kotsoglou","doi":"10.1177/1365712720983929","DOIUrl":"https://doi.org/10.1177/1365712720983929","url":null,"abstract":"The criminal justice system of England and Wales increasingly deploys the polygraph to extract information from released offenders. Although there is little judicial authority regarding the admissibility of polygraph evidence, we should not misinterpret silence as legal uncertainty. The paper will, first, show that the central claim for the understanding of the polygraph—i.e. the presupposition that the polygraph indicates deception—is inextricably linked to an obsolete paradigm in psychology (Introspection). Secondly, I will turn to first principles in the law of evidence, especially the general ban on opinion evidence and the requirement for scientific validity. The requirement that expert evidence has a sufficiently reliable scientific basis explains why polygraph evidence cannot be adduced at the criminal process. Thirdly, I will draw attention to the use of polygraph tests in the context of probation, pursuant to the Offender Management Act 2007. With the use of the polygraph, the criminal justice system does not only infringe the released offender’s human rights, but also fails to protect the public. The combination of inadmissibility of the polygraph in the criminal process and its use from probation services creates thus a major contradiction which is detrimental to the integrity of the legal order.","PeriodicalId":54168,"journal":{"name":"International Journal of Evidence & Proof","volume":"25 1","pages":"16 - 35"},"PeriodicalIF":1.5,"publicationDate":"2020-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1365712720983929","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43618967","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

The Moorov doctrine and coercive control: Proving a ‘course of behaviour’ under s. 1 of the Domestic Abuse (Scotland) Act 2018 Moorov学说和强制控制：证明2018年《家庭虐待（苏格兰）法》第1条规定的“行为过程”

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2020-10-01 DOI: 10.1177/1365712720959857

Ilona Cairns

{"title":"The Moorov doctrine and coercive control: Proving a ‘course of behaviour’ under s. 1 of the Domestic Abuse (Scotland) Act 2018","authors":"Ilona Cairns","doi":"10.1177/1365712720959857","DOIUrl":"https://doi.org/10.1177/1365712720959857","url":null,"abstract":"In 2019, a distinct offence of ‘abusive behaviour towards partner or ex-partner’ (‘domestic abuse’) came into force in Scotland via s. 1 of the Domestic Abuse (Scotland) Act 2018. This new offence has been celebrated for its meaningful incorporation of the concept of coercive control (Evan Stark has described the 2018 Act as ‘gold standard’ legislation) and may serve as a model for other jurisdictions looking to criminalise coercive and controlling behaviours. The practical effectiveness of the offence in Scotland, however, will hinge on how Scotland’s corroboration rule, and the accompanying Moorov doctrine (‘Moorov’), are applied in this context. Drawing both on recent doctrinal developments and on a conceptual understanding of the dynamics of coercive control, this article offers the first in-depth analysis of how Moorov is likely to apply in s. 1 cases. It identifies developments that are likely to assist the prosecution, as well as potential barriers to the doctrine’s successful application, and argues that in certain cases judges and jurors will have difficulty seeing the ‘course of conduct’ required by Moorov without proper understanding of the policy underpinning the Act and the gendered nature of domestic abuse. The article considers how this understanding may be brought about, both within the confines of the current law and in terms of possible reform.","PeriodicalId":54168,"journal":{"name":"International Journal of Evidence & Proof","volume":"24 1","pages":"396 - 417"},"PeriodicalIF":1.5,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1365712720959857","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49584634","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: 2

Corrigendum to Tapes, transcripts and trials: The routine contamination of police interview evidence 录音带、笔录和审判的勘误表:警察采访证据的例行污染

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2020-10-01 DOI: 10.1177/1365712720948970

引用次数: 4

Hearsay evidence in Uganda: Understanding its meaning, admissibility and probative value 乌干达的传闻证据：理解其含义、可采性和证明价值

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2020-09-22 DOI: 10.1177/1365712720960241

J. D. Mujuzi

引用次数: 1

Registered intermediaries’ assessment of children’s communication: An exploration of aims and processes 注册中介对儿童沟通的评估:目的与过程的探索

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2020-08-25 DOI: 10.1177/1365712720952335

Kimberly Collins, S. Krahenbuhl

{"title":"Registered intermediaries’ assessment of children’s communication: An exploration of aims and processes","authors":"Kimberly Collins, S. Krahenbuhl","doi":"10.1177/1365712720952335","DOIUrl":"https://doi.org/10.1177/1365712720952335","url":null,"abstract":"Following the implementation of the Youth Justice and Criminal Evidence Act 1999 for England and Wales, Registered Intermediaries have been available to assist child witness communication in legal proceedings since 2004. Registered Intermediaries are given training to fulfil this role. However, their assessments and practices are conducted independently. This study examined Registered Intermediaries’ perceptions and experiences of this independent practice, and the impact this had on the quality of the legal process in terms of evidential quality, child witness experiences and engagement. Seventeen experienced and currently active Registered Intermediaries with a range of communication specialisms took part in semi-structured interviews, which were analysed thematically. Six main themes emerged from the data: assessment constraints and requirements, essential elements of the assessment process, why the assessment process is effective, ensuring recommendations are followed through, pressures and barriers, and practice development. The Registered Intermediaries stressed the need for further training for themselves as well as for legal professionals, and emphasised the benefits of working as a team throughout the assessment and legal process.","PeriodicalId":54168,"journal":{"name":"International Journal of Evidence & Proof","volume":"24 1","pages":"374 - 395"},"PeriodicalIF":1.5,"publicationDate":"2020-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1365712720952335","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43746233","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: 4

Rebooting the new evidence scholarship 重新启动新证据奖学金

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2020-08-12 DOI: 10.1177/1365712720943329

J. R. Welch

引用次数: 3

A comparison between the standard of proof applicable in arbitration and formal adjudication 仲裁与正式裁决中适用的证明标准之比较

IF 1.5 2区社会学

International Journal of Evidence & Proof Pub Date : 2020-08-04 DOI: 10.1177/1365712720943333

Jesus Ezurmendia, Maria de los Angeles Gonzalez

引用次数: 1