The international journal of evidence & proof最新文献

Intercept evidence from foreign language communications: Reliability and minimum standards in the interests of justice. 从外语通信中截取证据：可靠性和司法公正的最低标准。

The international journal of evidence & proof Pub Date : 2024-10-01 Epub Date: 2024-09-19 DOI: 10.1177/13657127241283662

Nadja Capus, David Gilbert

引用次数: 0

Why the post-identification era is long overdue: Commentary on the current controversy over forensic feature comparison as applied to forensic firearms examination 为什么早该进入后鉴定时代？法医特征对比应用于法医枪支检验的当前争议评述

The international journal of evidence & proof Pub Date : 2024-09-07 DOI: 10.1177/13657127241278069

Alex Biedermann, Christophe Champod

{"title":"Why the post-identification era is long overdue: Commentary on the current controversy over forensic feature comparison as applied to forensic firearms examination","authors":"Alex Biedermann, Christophe Champod","doi":"10.1177/13657127241278069","DOIUrl":"https://doi.org/10.1177/13657127241278069","url":null,"abstract":"In this commentary, we critically review recurring arguments for and against the discipline of forensic feature comparison as applied to firearms examination from various commentators within and outside forensic science. One of the mainstream criticisms that we address, among others, is that the field cannot demonstrate sufficient proficiency and robustness based on empirical (i.e., black-box) studies. While the lack of empirically demonstrated examiner proficiency is a valid concern and a powerful concept in the short term (e.g., in admissibility proceedings), many critics reduce their discussion of forensic feature comparison solely to the need to measure and demonstrate proficiency through error rates. However, the exclusive focus on aggregate expert performance metrics, here referred to as examiner diagnosticism, remains a surface-level perspective. It provides an incomplete account of the field because these metrics do not represent—but are often confused with—the notion of the evidentiary value of findings, i.e., observations made on examined items in individual cases. We argue that examiner diagnosticism should be contrasted and complemented with the notion of feature selectivity, i.e., the diagnostic capacity of observed marks and features on examined items. We argue that forensic scientists should report and be probed on their ability to quantify feature selectivity (i.e., the probative value of findings). By ceasing to express source attribution opinions (identification/individualisation), which are now widely exposed as unscientific, the forensic feature comparison disciplines could move further into the long-awaited post-identification era pioneered by other fields such as forensic genetics.","PeriodicalId":93382,"journal":{"name":"The international journal of evidence & proof","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142205965","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

Responding to the danger of wrongful conviction for historical sexual abuse: A case for resurrecting abuse of process for delay? 应对历史性性虐待错误定罪的危险：是否有理由恢复滥用程序的拖延？

The international journal of evidence & proof Pub Date : 2024-03-19 DOI: 10.1177/13657127241237909

Holly Greenwood

引用次数: 0

The propensity to control: Non-sexual violence as probative of sexual offending in the intimate partner context 控制倾向：非性暴力作为亲密伴侣性犯罪的证据

The international journal of evidence & proof Pub Date : 2024-03-15 DOI: 10.1177/13657127241237884

Caccia Armstrong, Anna High

{"title":"The propensity to control: Non-sexual violence as probative of sexual offending in the intimate partner context","authors":"Caccia Armstrong, Anna High","doi":"10.1177/13657127241237884","DOIUrl":"https://doi.org/10.1177/13657127241237884","url":null,"abstract":"This article explores, with reference to four recent New Zealand appellate court decisions, the use of evidence of prior non-sexual offending by a defendant against the same complainant offered to prove sexual offence charges. Such ‘relationship propensity evidence’ can be particularly crucial for explaining the defendant–complainant dynamic in cases involving intimate partner violence. However, in some cases, courts have applied traditional common law ‘similar fact’ notions of linkage and coincidence to exclude evidence of non-sexual offending in relation to sexual charges. We argue that this is an unsatisfactory outcome that is largely resultant from the governing provision being designed to assess similar fact reasoning. Rather, we submit that in the context of intimate partner violence, seemingly discrete and unrelated forms of violence should be understood as potentially linked by the underpinning dynamic of coercive control. This shift in characterisation of varying forms of violence—from discrete and dissimilar to connected by a dynamic of coercive control—will result in a more flexible approach to the cross-admissibility of relationship propensity evidence in appropriate cases, including when it comes to offering evidence of physical violence as probative of sexual offending.","PeriodicalId":93382,"journal":{"name":"The international journal of evidence & proof","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140147358","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

Empowering jurors to ask questions about the expert evidence in criminal trials 赋予陪审员在刑事审判中就专家证据提问的权力

The international journal of evidence & proof Pub Date : 2024-03-15 DOI: 10.1177/13657127241235946

Jacqueline Horan

{"title":"Empowering jurors to ask questions about the expert evidence in criminal trials","authors":"Jacqueline Horan","doi":"10.1177/13657127241235946","DOIUrl":"https://doi.org/10.1177/13657127241235946","url":null,"abstract":"Jurors in common law jurisdictions receive a large amount of complex information about their role in the court process at the start of the trial. One common instruction is that, if the jurors have any questions, they can put their questions in writing to the judge. This article explores whether the current jury question process offers jurors a viable way in which to fill in perceived gaps in their comprehension of expert evidence. It does so by providing rare insight into the views of real jurors, judges, expert witnesses and lawyers from 55 Australian criminal jury trials. The results reveal that whilst most study participants believed jurors should be able to ask questions during the trial, in practice, some jurors were either too intimidated or unaware that they could do so. These findings should help inform judges as to how best to moderate the jury question process. Ensuring that jurors feel comfortable to ask questions of experts is likely to reduce the need for jurors to seek answers to their questions online and consequently safeguards the imperative of all adversarial justice systems; to offer a fair trial, based on the evidence presented during the trial.","PeriodicalId":93382,"journal":{"name":"The international journal of evidence & proof","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140147500","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

Search and seizure of electronic devices in India: time for a change? 在印度搜查和扣押电子设备：改变的时候到了吗？

The international journal of evidence & proof Pub Date : 2024-02-20 DOI: 10.1177/13657127241230694

Malika Galib Shah, Akash Gupta, Arushi Bajpai

{"title":"Search and seizure of electronic devices in India: time for a change?","authors":"Malika Galib Shah, Akash Gupta, Arushi Bajpai","doi":"10.1177/13657127241230694","DOIUrl":"https://doi.org/10.1177/13657127241230694","url":null,"abstract":"In the past two decades, there has been an exponential rise in the use of technology for commission of crimes. In certain scenarios, investigation of such crimes call for inspections of an accused's personal electronic devices. In India, there is no law regulating the field of search and seizure of electronic devices in a criminal investigation. Only recently, Virendra Khanna v State of Karnataka laid down certain guidelines in this regard. Furthermore, on multiple occasions, the Indian Courts have relied on the US jurisprudence on the matter. Due to a well-developed jurisprudence in the USA on this subject, the authors have chosen to do a comparative study between the two countries. This paper seeks to examine how these two major democracies balance the right to privacy against the need to unearth information for better investigation. While analysing the lack of a well-rounded law on the matter, this paper also analyses the provisions in the Digital Personal Data Protection Act 2023 and the Bharatiya Nagarik Suraksha Sanhita Bill 2023 and highlights the missed opportunities to frame guidelines on the issue of search and seizure of electronic device. Section II of the paper introduces the readers to the law on electronic search and seizure in the USA. Section III examines the Indian position. It discusses the law as it was pre- Virendra Khanna, then goes into the law laid down by the Karnataka High Court in Virendra Khanna and critically analyses the same. It also looks at the progress made in the field through other legislation. Section IV deals with a comparative analysis of the USA and Indian law on the subject and section V provides mechanisms and ways in which the current law can be modified to deal with some of the inadequacies of the matter.","PeriodicalId":93382,"journal":{"name":"The international journal of evidence & proof","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139947059","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

Topological Vector Spaces Derived From Topological Hypervector Spaces 由拓扑超向量空间衍生的拓扑向量空间

The international journal of evidence & proof Pub Date : 2023-10-06 DOI: 10.37394/232020.2023.3.7

Reza Ameri, M. Hamidi, A. Samadifam

引用次数: 0

Directly Indecomposible Multialgebras 直接不可分解的多重代数

The international journal of evidence & proof Pub Date : 2023-10-06 DOI: 10.37394/232020.2023.3.8

Mahsa Davodian, Mohsen Asghari-Larimi, Reza Ameri

引用次数: 0

Neutrosophic Generalized Regular Star Compact, Connected, Regular and Normal Topological Spaces 中性广义正则星形紧、连通、正则和正规拓扑空间

The international journal of evidence & proof Pub Date : 2023-09-19 DOI: 10.37394/232020.2023.3.6

Raja Mohammad Latif

引用次数: 0

The irregular Cantor sets Ce ([0, 1]) and Cπ ([0, 1]), and the Cantor- Lebesgue irregular functions Ge and Gπ 不规则Cantor集Ce([0,1])和Cπ([0,1])，以及Cantor- Lebesgue不规则函数Ge和Gπ

The international journal of evidence & proof Pub Date : 2023-09-15 DOI: 10.37394/232020.2023.3.5

Mykola Yaremenko

引用次数: 0