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Journal articles on the topic 'Expert witness assessment'
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1
Vierling, Lewis. "The Expert Witness." Professional Case Management 13, no. 5 (2008): 251–52. http://dx.doi.org/10.1097/01.pcama.0000336686.47328.91.
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McElhaney, Richard, and Patricia G. Beare. "Expert Witness/Legal Consultant." Clinical Nurse Specialist 12, no. 3 (1998): 117–20. http://dx.doi.org/10.1097/00002800-199805000-00010.
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FORKNER, D. J. "EXPERT ADVICE ON BECOMING AN EXPERT WITNESS." Nursing 17, no. 6 (1987): 69–72. http://dx.doi.org/10.1097/00152193-198706000-00023.
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Krasavina, A. G. "History of psychological assessment testimony." Psychology and Law 7, no. 3 (2017): 17–26. http://dx.doi.org/10.17759/psylaw.2017070302.
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The article presents different points of view on the assessment of witness statements. This review results from a range of issues coming up in the modern practice of a forensic psychologist. One of the recent problems connected to the assessment of witness statements validity, is forensic and psychological expert reports, realized on the basis of not locally approved methods, backed by reliable studies. The article describes different approaches of foreign and national specialists to the issue of credibility of witnesses. Despite the significant amount of works in this field, there are still differences and contradictions in researches regarding the assessment of the quality of witness statements. That is why familiarization with the history of the issue is necessary for its further full and complete examination, as well as for avoiding the incorrect operation with existing results in the modern practice of a psychologist.
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Muller, Lynn S. "The Case Manager as Expert Witness." Professional Case Management 12, no. 1 (2007): 47–51. http://dx.doi.org/10.1097/01269241-200701000-00009.
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Muller, Lynn S. "The Case Manager as Expert Witness." Professional Case Management 16, no. 5 (2011): 261–65. http://dx.doi.org/10.1097/ncm.0b013e318225d3d2.
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Liber-Kwiecińska, Katarzyna, Magdalena Brol, Agnieszka Głowacka, Justyna Kudyk, and Marta Pasiut. "Ekwiwalencja przekładu w kontekście oceny wiarygodności zeznań świadka." Między Oryginałem a Przekładem 25, no. 43 (2019): 119–46. http://dx.doi.org/10.12797/moap.25.2019.43.07.
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Equivalence of Written Translation in the Context of the Assessment of the Credibility of Witness TestimonyThis article presents a study on the equivalence of written translation in the context of the assessment of the credibility of witness testimony. Part one examines psychological criteria for assessing the credibility of testimony and linguistic indicators of deception that formed the theoretical basis of the study. Translations gathered during the study were analyzed linguistically and compared with original in order to categorize the errors and mistakes made by translators before and after learning the criteria of statements credibility assessment in training. The article also presents a comparative analysis of the assessments made by expert judges with regard to both the original testimonies and the translations thereof. The results of the statistical analysis showed that there are certain differences in the assessment of an original and its translation, and knowledge of the criteria for determining the credibility of a witness’s testimony has a positive impact on translation equivalence.
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Perry, Shannon E. "The Clinical Nurse Specialist as Expert Witness." Clinical Nurse Specialist 6, no. 1 (1992): 53–56. http://dx.doi.org/10.1097/00002800-199200610-00015.
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Perry, Shannon E. "The Clinical Nurse Specialist as Expert Witness." Clinical Nurse Specialist 6, no. 2 (1992): 122. http://dx.doi.org/10.1097/00002800-199200620-00021.
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Taru Padang, Paulus Tiku. "Assessment Of Witness Testimonials As Evidence In Civil Cases." Eduvest - Journal of Universal Studies 4, no. 2 (2024): 459–66. http://dx.doi.org/10.59188/eduvest.v4i2.1031.
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The purpose of this study is to investigate and explain the judge's judgment of witness testimony as evidence in the judge's decision. The study employed a normative legal research technique with primary legal sources. In accordance to the author, this judge's reasoning is incorrect due to the fact that there is an oral agreement between the plaintiff and the defendant, which is confirmed by testimony from witnesses and expert witnesses, it cannot be classified as a breach of contract because it does not meet the requirements set forth in Article 58 of the Indonesian Civil Code. The rules and regulations of Article 58 of the Indonesian Civil Code are coercive legal provisions (dwingend recht). Article 58 of the Indonesian Civil Code contains three conditions: 1. The vows of marriage must be registered in the civil registry; 2. Civil registration officials must declare the marriage plans on the notice board; and 3. Claims/lawsuits must be filed within 18 months of the marriage announcement. The judge's assessment that the defendant had broken his vow was incorrect. As a result, the participation of the witness in providing information in collaboration with other witnesses cannot be used to prove the marriage commitment.
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Phillips, Emily, and Sharon W. Stark. "Stepping up to be a nurse expert witness." Nursing 43, no. 8 (2013): 55–59. http://dx.doi.org/10.1097/01.nurse.0000432076.72763.62.
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Kramer, Marc B. "Forensic Audiology: Assessment of the Patient/Litigant." Otolaryngology–Head and Neck Surgery 112, no. 5 (1995): P155. http://dx.doi.org/10.1016/s0194-5998(05)80413-9.
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Educational objectives: To critically review the audiologic data and the assessment technique utilized in evaluating a patient/litigant and to be more conversant with the role of an expert witness with respect to allegations of hearing loss.
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Haw, C. M., and C. C. Cordess. "Mutism and the Problem of the Mute Defendant." Medicine, Science and the Law 28, no. 2 (1988): 157–64. http://dx.doi.org/10.1177/002580248802800216.
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The psychiatric and neurological causes and assessment of mutism are reviewed. The court procedure for dealing with mute defendants and the ways in which the expert medical witness may aid the court are described. Three case histories of mute, mentally disordered offenders illustrate some of the problems these cases pose for the courts. The need for psychiatric witnesses to understand this complex legal area is stressed.
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Butyrin, A. Yu, and Z. V. Trifonova. "Ensuring the Reliability of Conclusions in the Expert's Statement in the Course of a Forensic Construction Investigation." Theory and Practice of Forensic Science 12, no. 3 (2017): 78–84. http://dx.doi.org/10.30764/1819-2785-2017-12-3-78-84.
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The appointment and production of forensic investigation is one of the most common procedural actions in modern legal proceedings, along with the evaluation of the expert witness statement by the body (person) that ordered the examination. The article deals with a number of problems associated with evaluating of the expert witness statement reflecting the progress and results of a forensic construction investigation. Reliability is the most complex and contradictory criterion in the evaluation of expert testimony. Taking into account the courts' constantly growing need for construction forensics expert services, on the one hand, and insufficient elaboration of this assessment criterion for this kind of expert evidence, on the other hand, the authors explore the subject in depth and present their interpretation of the notion of «reliability», as applied to the evaluation of construction forensics expert statements.
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Perry, Shannon E., and Joan R. Vogel. "The Business of Being an Expert Witness and Legal Consultant." Clinical Nurse Specialist 7, no. 3 (1993): 154–61. http://dx.doi.org/10.1097/00002800-199305000-00014.
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Walker, Lenore E. "Psychological assessment of sexually abused children for legal evaluation and expert witness testimony." Professional Psychology: Research and Practice 21, no. 5 (1990): 344–53. http://dx.doi.org/10.1037/0735-7028.21.5.344.
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Derlatka, Joanna. "Udział biegłego w przesłuchaniu świadka w postępowaniu cywilnym – wybrane problemy." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 41–57. http://dx.doi.org/10.15584/znurprawo.2020.29.3.
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In the light of the Act of 4 July 2019 about the amendment of the Act – Code of Civil Procedure and some other acts, many changes are introduced in the regulations on evidence in civil proceedings. The analysis focuses on presentation and assessment of the effects of changes contained in the Art. 272 1 of the Code of Civil Procedure. This provision provides for the introduction of participation of an expert in the hearing of a witness in civil proceedings. If there is doubt as to the ability to observe or recollect observations of a witness, the court may decide that the witness will testify with the attendance of an expert physician or psychologist, and the witness cannot oppose this. The provision is based on the current regulation of Art. 192 § 2 of the Code of Criminal Procedure. After the amendment enters into force, many problems arise regarding art. 272 1 of the Code of Civil Procedure and the other new procedural solutions, such as omission of evidence or repetition of evidence proceedings.
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Wilk, Dariusz, and Andrzej Doniec. "Reliability of identification methods and expert testimonies according to participants of criminal proceedings." Problems of Forensic Sciences, no. 130-131 (December 29, 2022): 169–203. http://dx.doi.org/10.4467/12307483pfs.22.010.16819.
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The reliability of evidence in a criminal trial is a multidimensional issue and relates to the assessment of the evidential value of a specific circumstance established in the case through activities performed by expert witness or authorities. The reliability (trustworthy) of the source of evidence and identification methods, performance of research, deduction and the context of other evidence seem to be one of the important implications for the evidential value. Results of the survey of participants of the criminal trial (police officers, prosecutors and experts) and comparative group on the perception of various features of identification methods and selected aspects related to the status of a forensic expert is presented in the article. In the first part of the study, the identification methods were ranked in terms of their scientificity, reliability and willingness to convict on the basis of the method’s results. The research shows that the assessment of the method’s reliability is significantly correlated with the assessment of its scientificity. However, some exceptions to this relationship have been identified, indicating that the reliability of the method may also be the result of an assessment of its suitability and effectiveness. The second part of the research was focused on assessing the reliability of various expert opinions. The place of examinations carried out by an expert is important for the participants of the criminal trial. Opinions of forensic experts performed at specialist institutions were assessed as the most reliable.
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Galinskaya, A. E. "The Use of Special Knowledge by Defense in Economic Crime Investigations." Theory and Practice of Forensic Science, no. 4(44) (December 30, 2016): 46–53. http://dx.doi.org/10.30764/1819-2785-2016-4-46-53.
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The paper examines actions taken by defense when financial and economic assessment is warranted in the course of economic crime investigation; the order of commission of financial and economic assessment by the investigator or court in order to establish a fact of bankruptcy fraud; capacity of the defense to contest expert testimony; errors committed by forensic economists when conducting financial and economic assessment in the criminal investigation of bankruptcy fraud; ways to prevent forensic expert mistakes; the wording of conclusions in the expert witness report; problems associated with the use of uncertified methodologies of forensic assessment; attitudes demonstrated by various courts within the Russian justice system towards the use of special knowledge by defense economic crime investigations, including the position of the European Court of Human Rights (ECtHR) in light of the European Convention; procedural and non-procedural documentation used by the defense in economic crime investigations.
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Gutheil, Thomas G., and Pamela K. Sutherland. "Forensic Assessment, Witness Credibility and the Search for Truth through Expert Testimony in the Courtroom." Journal of Psychiatry & Law 27, no. 2 (1999): 289–312. http://dx.doi.org/10.1177/009318539902700203.
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Gava, Lara Lages, and Debora Dalbosco DellAglio. "Techniques Used in Forensic Psychological Examinations in Cases of Child and Adolescent Sexual Abuse." Paidéia (Ribeirão Preto) 23, no. 56 (2013): 359–68. http://dx.doi.org/10.1590/1982-43272356201310.
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Currently, there is no standardized protocol for the evaluation of situations of sexual abuse. Thus, this study investigated the techniques used by psychologists in forensic examinations in cases of suspected child and adolescent sexual abuse in the context of the criminal investigation. Semi-structured interviews, which were qualitatively analyzed using the WebQDA software, were applied with twelve psychologists who work as expert witnesses in the Medical-Legal Institute of six Brazilian capitals. The results showed a diversity of actions taken in the forensic examination practice, as well as consensus and controversy regarding the use of psychological testing and the credibility assessment of the report. Flexibility in conducting the forensic examinations by the teams was also observed, with the techniques used adapted according to the needs. The importance of the diversity of techniques was highlighted, as these aim to assist the expert witness to come to reliable conclusions, as well as maintain the rigor and technical quality of the evaluation.
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Bryanskaya, Elena, and Vadzim Samaryn. "Expert Opinion and Witness Testimony as Key Evidence in Criminal Cases on Incitement to Suicide." Russian Journal of Criminology 13, no. 6 (2019): 971–79. http://dx.doi.org/10.17150/2500-4255.2019.13(6).971-979.
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For the last five years Belarus and Russia have been among the top five countries for suicide indices. Their rise was caused by the activities of destructive groups in social networks. Experience shows that criminal proceedings for many criminal cases connected with suicides were terminated due to the absence of a crime. Thus, a thorough collection of evidence for this category of criminal cases becomes especially vital. When analyzing the court practice of incitement to suicide, the authors concluded that the most persuasive evidence is expert opinion and witness testimony. Besides, such written documents as medical cards (medical records) of potential suicides have high probative value in the investigation of criminal cases. Timely initiation and conduction of expertise could reveal signs of incitement to suicide, for example, using physical violence against the victim or a staged suicide. As the Criminal Procedure Code sometimes prescribes an expertise for a specific criminal case, such expert opinion will become a key source, a type of evidence that, at the level of a judge’s inner conviction, will have significant legal force when assessed together with other evidence. Thus, it is possible to discuss evidence that has key value, but, at the same time, it should be connected with other information on the criminal case, and together they should make up an integral crime narrative. The European Court of Human Rights introduced a concept of «key evidence» in the practice of criminal proceedings. The analysis of court practice allowed the authors to suggest that key evidence is information that acts as the main fact and is included in the subject matter of the case. This conclusion does not contradict the rule of free assessment of evidence: during such assessment, none of the evidence has predetermined, preconceived legal force. Only when the evidence is harmonized, it is possible to talk about a comprehensive investigation and an objective assessment of evidence.
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Khan, Faeza, Faria Khan, Latha Hackett, and Kenneth Ross. "Do we know the legal framework in child and adolescent mental health services? Survey of specialist registrars." Psychiatric Bulletin 33, no. 10 (2009): 393–94. http://dx.doi.org/10.1192/pb.bp.107.018572.
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Aims and MethodThis survey was conducted as part of the baseline assessment of trainees' needs concerning the legal aspects of child care and to evaluate the implications for the regional academic programme. A group of specialist registrars in child and adolescent psychiatry in the North Western Deanery completed a questionnaire-based survey.ResultsNone of the specialist registrars had experience in forensic child and adolescent psychiatry. With regard to the legislation: 13 (100%) mentioned the Mental Health Act 1983; 12 (92.3%) the Children Act 1989; 7 (53.8%) the Human Rights Act 1998. of those surveyed, 13 (100%) were aware of parental responsibility; 10 (76.9%) identified the Children Act as being less stigmatising as compared to the Mental Health Act. Five (38.4%) had written court reports, and eight (61.5%) felt fairly confident after the 1-day training course. Overall interest in becoming an expert witness was 69.2% (n=9).Clinical ImplicationsDeficits in knowledge about the legal framework, limited experience in forensic placements and lack of interest in becoming an expert witness need to be further explored.
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Ryzhyi, Oleksii. "https://digest.kndise.gov.ua/en/assessment-of-the-testimony-of-participants-in-criminal-proceedings-in-the-court-of-first-instance/." Criminalistics and Forensics, no. 67 (August 9, 2022): 301–9. http://dx.doi.org/10.33994/kndise.2022.67.31.
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The article is devoted to the scientific analysis of the assessment of the testimony of a suspect, accused, witness, victim, or expert in the court of the first instance. In order to establish the subjects authorized to carry out these activities in the criminal process, such categories as “assessment of evidence”, “activity of the court in the study of evidence”, and “competitiveness” have been researched and analyzed. Arguments are given that in the process of judicial proceedings in the court of the first instance, the only subject of evaluation of testimony and evidence is the court. Evaluation of the testimony of a suspect, accused, witness, victim, an expert in a court of the first instance is the mental logical activity of a judge, which consists of the fact that, guided by the law and legal consciousness, the judge, according to his inner conviction, considers the information contained in the testimony separately, as well as in conjunction with other evidence determines their belonging, admissibility, reliability, and sufficiency for making intermediate and final decisions in judicial criminal proceedings. In other words, this is the acceptance by the court of the legal quality of the testimony provided by the parties or collected by the court, as a result of which they acquire or do not acquire legal force. Key words: criminal proceedings, testimony, evaluation of evidence, trial.
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Svoboda, Ivo, Karel Kubečka, and Josef Hrudka. "The specifics of the investigation of manifestations of political extremism from the perspective of expert witness." Socio-Economic and Humanities Studies 16, no. 2 (2022): 89–104. http://dx.doi.org/10.61357/sehs.v16i2.13.
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The paper deals with the specifics of the investigation of manifestations of political extremism. Political extremism and particularly right-wing political extremism is a highly debated issue, a very specific phenomenon from the perspective of criminology research that requires a specific approach to its assessment, especially from the perspective of legal experts. Therefore, it is advisable to choose a suitable specific methodology of scientific research to study this issue. There is also the need for the court to provide findings that are relevant to the decision in a particular case. In the conclusion, the authors propose general principles and approaches to solving this pressing issue of our time.
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Vedernikov, Nikolay T., Vladimir L. Yuan, and Tatyana A. Alekseeva. "Biographical Analysis of Personalities of Participants in Criminal Proceedings: Criminal Procedural and Forensic Aspects." Vestnik Tomskogo gosudarstvennogo universiteta, no. 472 (2021): 210–14. http://dx.doi.org/10.17223/15617793/472/25.
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The biographical method of analyzing information about the participants in criminal proceedings remains one of the most significant methods of studying personality both in criminal proceedings and in forensic science. The concept of personality is cross-cutting and is actively explored both in criminal procedure and in forensic science. The object of the research is the set of psychological characteristics that have value from the point of view of forensic science and criminal procedure. The following general scientific methods were used in the study: analysis, synthesis, system-structural. The following specific scientific methods were used in the study: modeling, statistical analysis, comparative historical, expert assessment. Undoubtedly, the accused is the central figure in the criminal process in respect of which the investigation and procedural actions are carried out, and in respect of whom the sentence is ultimately passed and executed. However, in the course of the study, the authors emphasize the need to ensure security measures for victims and witnesses on an equal basis with the accused and identify three main blocks of biographical information about the personality of the victim and the witness: a group of biological, social and psychological parameters. In addition, the authors substantiate the connection of biographical information about the personality of victims and witnesses with the solution of the tasks of criminal proceedings. As one of the conclusions, an amended wording of Article 11 of the Criminal Procedure Code of the Russian Federation is proposed in terms of biographical information about the identity of the witness and the victim, which must be clarified during the investigation of the crime. The forensic aspect of studying the biographical information about the personality of the witness and the victim consists in the possibility of conducting individual tactical influence on the indicated participants in criminal proceedings. On the example of the investigative action of interrogation, the significance of biographical information for establishing psychological contact with the participants in investigative actions was analyzed. The authors analyzed a biographical fact, information about the level of income, and revealed patterns of behavior during the interrogation of a witness or a victim depending on this fact. In addition, tactics are proposed for establishing psychological contact with a person, depending on the level of their income.
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Lalić, Hrvoje. "Discrepancies in the evaluation of incapacity for work in a patient with epidermolysis bullosa acquisita between public pension fund and occupational medicine expert raise the issue of competencies." Archives of Industrial Hygiene and Toxicology 69, no. 1 (2018): 77–80. http://dx.doi.org/10.2478/aiht-2018-69-3072.
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Abstrat A 50-year-old female patient suffering from a severe form of epidermolysis bullosa acquisita (EBA) took legal action against the Croatian Pension Insurance Institute (CPII) in an attempt to overturn their assessment that she was no longer capable of working as a seamstress but still capable of doing administrative jobs. Her claim was that she was not capable of doing any job at all. She was first diagnosed EBA in 2000, and the disease progressed slowly with intermittent remissions. In 2012, skin erosions appeared on her feet, followed by the loss of all toenails and lesions and infiltrations on the tongue and oral mucosa. Her whole body was covered in oozing wounds, she was in pain, and parts of her skin would stick to fabric while changing clothes or bandages. The most recent findings showed oesophageal stricture. She can consume only liquid food and is on the waiting list for receiving a feeding tube. The occupational health expert witness confirmed that the patient was generally incapable of work and was fighting her life. The judge and CPII lawyers fully accepted this report and the earlier assessment was overturned. To avoid incompetent assessments of working (in)capacity in the future, CPII and similar institutions should engage occupational medicine specialists to work in their assessment teams.
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Cohen, Joel B. "Playing to Win: Marketing and Public Policy at Odds over Joe Camel." Journal of Public Policy & Marketing 19, no. 2 (2000): 155–67. http://dx.doi.org/10.1509/jppm.19.2.155.17123.
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This article is based on the 1998 testimony the author provided for In the Matter of R.J. Reynolds Tobacco Company as an expert witness for the Federal Trade Commission. After providing an overview of the Joe Camel campaign and the Federal Trade Commission's investigation of it, the author considers consumer protection issues that provide a perspective for assessing Reynolds's acts and practices. He then focuses on an analysis of Reynolds's competitive position in the cigarette marketplace and why that was likely to influence subsequent marketing strategy and the development of the Joe Camel campaign. The author next discusses the campaign at some length before returning to an explicit assessment of the campaign and the types of criteria that might be adopted for this purpose.
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Usov, A. I., O. B. Gradusova, and S. A. Kuz’min. "The Use of Probabilistic and Statistical Methods to Test the Significance of Scientific Evidence: Comparative Analysis of Current Forensic Practices in Russia and Abroad." Theory and Practice of Forensic Science 13, no. 4 (2018): 6–15. http://dx.doi.org/10.30764/1819-2785-2018-13-4-6-15.
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The article addresses the problem of developing scientifically sound approaches and quantitative criteria for assessing reliability of expert evidence that take into account the contextual information contained in case materials and are based on likelihood ratios. The evolution of the system of views on this problem in forensic science theory in Russia and abroad is considered, and the European Network of Forensic Science Institutes Guideline for Evaluative Reporting in Forensic Science is analyzed. The Guideline was published in 2015. This manual is a practical tool for experts assessing the evidentiary value of their conclusions resulting from specific types of forensic examination. It also sets out recommendations on how to present the results of such an assessment in the format of the so-called “evaluative report”. The starting point of the comparative analysis is the problem of how the legal system and its subjects interpret the results reported by an expert witness, as well as any other forensic evidence expressed in probabilistic terms. At present the probabilistic way of describing uncertainties, originating in the natural sciences, is firmly established in criminalistics and forensic science. A clear position that has formed in the context of the Russian legislation, theory and practice of forensic expertise is to interpret probability as synonymous with assumption. In the foreign forensic science community the fate of probabilities was different. The authors emphasize the practical value of further improving the tools for assessing the reliability of examination results in the forensic sciences and related areas.
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Lalić, Hrvoje. "A Thirteen-Year-Old Girl with Cornelia de Lange Syndrome – The First Case Described in Litigation." Open Access Macedonian Journal of Medical Sciences 8, no. C (2020): 188–90. http://dx.doi.org/10.3889/oamjms.2020.4702.
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AIM: The aim of this paper is to accentuate importance of the expert witness role, occupational medicine specialist, in litigation. The OM specialist proved his importance in broad spectrum of administrative court proceedings, assessment of working capacity, and different type of claims.
 CASE REPORT: Here is presented a case of a 13-year-old girl suffering Cornelia de Langue syndrome. The occupational medicine specialist concludes that the girl’s claim toward the Ministry of Demography, Family and Social Affairs is legitimate. Expert witness representing the above ministry came to conclusion that the patient is not heavily disabled due to her mobility and regular school attendance. Due to hearing aid her hearing is satisfactory and she is capable of dressing and feeding herself. In 2012, the girl was diagnosed with Langer-Giedion syndrome 8q23.3-q24.13 deletions and due to the development of molecular diagnosis only in 2015 RAD 21 gene deletion was discovered and she was correctly diagnosed. On examination, occupational medicine specialist found the patient suffering heavy deformations of locomotor system, small hands and feet, genua valga, and flat feet. The hearing is severely impaired in right and moderately in her left ear. Her mother states that she stopped soiling bed at the age of 8 and at present when going to toilette during night she becomes disoriented, sleeps badly, and screams. In the morning, she is not capable of preparing her own food. The patient needs to be examined by endocrinologist, her body is covered in exostoses and she heavily depends on other people.
 CONCLUSION: The patient is heavily disabled and in need of help for essential functioning at least until completion of secondary education.
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Christensen, Tanya Karoli, and Sune Sønderberg Mortensen. "Introduction to special issue on Forensic Linguistics: European Perspectives." Nordic Journal of Linguistics 41, no. 2 (2018): 129–32. http://dx.doi.org/10.1017/s0332586518000112.
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This special issue of Nordic Journal of Linguistics is dedicated to the emerging field of forensic linguistics. There are competing definitions and delimitations of this term but here we will use it to refer to the investigation and elucidation of language evidence in a legal context. This includes the scrutiny of language data from different stages of the legal process, ranging from emergency calls to police interviews and courtroom interaction, as well as expert assessment and witness testimony in cases where the meaning or authorship of texts or utterances are questioned. While the analysis of authentic case data is often preferred or even required, access to such highly sensitive data types is naturally restricted by legal and ethical boundaries. An increasing amount of studies therefore employ experimental designs to test hypotheses and improve methodologies.
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McDaniel, Michael A., Sven Kepes, and George C. Banks. "Encouraging Debate on the Uniform Guidelines and the Disparate Impact Theory of Discrimination." Industrial and Organizational Psychology 4, no. 4 (2011): 566–70. http://dx.doi.org/10.1111/j.1754-9434.2011.01394.x.
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This response summarizes commentaries on the M. A. McDaniel, S. Kepes, and G. C. Banks (2011) article, which argued that the Uniform Guidelines on Employee Selection Procedures are a detriment to the field of personnel selection. Several themes were present in the commentaries. No compelling arguments were presented to dispute the assertion that mean racial differences in job-related attributes will be with us for a long time. However, compelling arguments were made that the disparate impact theory of discrimination is a more central issue for personnel selection than the Uniform Guidelines. Similarly, arguments were presented that the assessment of adverse impact is problematic and that expert witness testimony needs improvement. Areas in need of further investigation were also identified. Finally, the role of the Society of Industrial and Organizational Psychology (SIOP) in guiding regulatory, legislative, and court actions was considered.
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Koisin, A. A. "Evaluation of the expert's opinion: Criminalistic and criminal procedural aspects." Siberian Law Herald 4 (2022): 98–106. http://dx.doi.org/10.26516/2071-8136.2022.4.98.
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The process of proving in criminal cases consists of many factors, one of which is the use in the process of proving evidence obtained during the investigation of a criminal case or consideration of a criminal case on the merits. As evidence, according to Article 74 of the Code of Criminal Procedure of the Russian Federation, the testimony of the suspect, the accused, the testimony of the victim, the witness, the conclusion and testimony of an expert, the conclusion and testimony of a specialist, physical evidence, protocols of investigative and judicial actions and other documents can act. At the same time, none of the evidence has a predetermined force and is evaluated in aggregate along with other evidence. The subjects of proof – the investigator (inquirer), the prosecutor, the court, as well as the defense attorney must evaluate any evidence in terms of their admissibility, relevance and reliability, and all in aggregate – their sufficiency for the consideration of a criminal case. Evaluation of the expert’s opinion causes the greatest difficulties in practice for all participants in the proof process, since they have to face evidence, the study of which requires certain skills and knowledge. Based on this circumstance, an attempt has been made to reveal in the article the criminalistic and criminal procedural aspects of such an assessment. Special emphasis is placed on the typical mistakes and shortcomings that experts make when preparing their conclusions, as well as mistakes made by participants in the proof process when studying the text of the expert opinion. Recommendations for correcting such errors are proposed, as well as a recommendation for changing the current criminal procedure legislation.
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Kabzińska, Joanna. "The views of judges and prosecutors on the opinions of psychologist expert witnesses in cases concerning witness testimony Joanna Kabzińska." Problems of Forensic Sciences, no. 125 (2021): 67–82. http://dx.doi.org/10.4467/12307483pfs.20.005.14785.
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The purpose of this qualitative research is to explore the perceptions of Polish judges and prosecutors regarding the role of psychologist expert witnesses in the evaluation of eyewitness testimony. Two main research questions were formulated: What are the criteria for selecting psychologist expert witnesses to participate in interviews and then to formulate expert opinions? What do judges and prosecutors expect from psychologist expert witnesses and their evaluations of eyewitness testimony? In-depth interviews were conducted involving judges (N = 31) and prosecutors (N = 30), both male (N = 35) and female (N = 26). Though other factors, such as availability, were also frequently mentioned, the judges and prosecutors declared that their choices of psychologist expert witnesses were predominantly determined by their professional abilities. These criteria correspond with the characteristics that judges and prosecutors claim to value the most in psychologist expert witnesses: their specialist fields, their experience, and their reliability in carrying out their work. It is of particular importance to the evaluation of witness testimony that judges and prosecutors recognize that, for an opinion to be complete, there is a need for psychological testing and diagnosis in addition to being present at interviews. However, judges and prosecutors do not always recognise the difference between legal conceptions of witness credibility and the assessments of it formulated by psychologist expert witnesses. The research provides an unique insight into the expectations of Polish judges and prosecutors regarding the role of psychologist expert witnesses in evaluating, and reporting on, witness testimony. To identify the aspects of psychologists’ opinions that are particularly valued by judges and prosecutors can enable better cooperation and communication between psychologists and legal professionals.
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Mateo Totić, Enio, and Zvezdan Radojković. "VICTIMS OF SEXUAL OFFENCES AS PARTICULARLY SENSITIVE WITNESSES." SCIENCE International Journal 4, no. 2 (2025): 87–92. https://doi.org/10.35120/sciencej0402087t.
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The authors address the conditions for improving the procedural position of all victims, with a particular focus on victims of sexual offenses, in order to reduce the effects of secondary victimization. Through legislative, descriptive, and comparative methodological approaches, the paper examines relevant issues related to the development of the legislative and institutional framework in the Republic of Serbia, which provides support, assistance, and protection to victims of sexual offenses. Crimes in the domain of sexual relations are among the most severe forms of criminal behavior, as they cause serious and far-reaching consequences that go beyond the usual degree of harm or endangerment to protected rights. In addition to the primary victimization suffered, victims or injured parties also endure various forms of secondary or even tertiary victimization due to the prosecution of these crimes and their perpetrators. Society has a duty to undertake appropriate measures and formal social responses to this criminal phenomenon and the treatment of its victims. By adopting international standards and criminalizing various forms of sexual offenses, Republic of Serbia has initiated the process of improving its legislative and institutional framework to combat these types of criminal behavior. It should be emphasized that, through the adoption of a strategic document and an action plan for its implementation, Republic of Serbia has demonstrated a clear commitment to international standards regarding the assistance, support, and protection of victims and witnesses of all crimes, including those involving sexual violence and moral offenses. The establishment of the National Network of Victim and Witness Support Services, along with the definition of their competencies, has also introduced the obligation for procedural authorities—including public prosecutors, courts, and police as investigative bodies to conduct individual risk assessments of victims' vulnerability to secondary victimization from the moment a crime is reported. This risk assessment serves as a basis for providing professional assistance, support, and protection from relevant authorities, organizations, and institutions. In this context, it is important to highlight that procedural authorities, before determining the status of a particularly vulnerable witness in a specific case, may obtain the opinion of an assistance and support service or an expert. The goal of this paper is to highlight the fact that conditions are being created in Serbian Criminal Law practice for further improvement in the treatment of victims of sexual offenses. The authors particularly emphasize a good practice example aimed at improving the position of victims of serious crimes, including sexual offenses. Specifically, the paper highlights the guidelines issued by the Supreme Court of the Republic of Serbia to competent authorities regarding property claims of victims. In conclusion, it is noted that by adopting the National Strategy on the Rights of Victims and Witnesses of Crime, along with its Action Plan for implementation (2020–2025), Republic of Serbia has expressed a clear stance on the application of minimum international standards for victim and witness support, as outlined in EU Directive 2012/29. Amendments and modifications to the provisions of the Criminal Procedure Code serve as undeniable confirmation of this commitment.
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Domínguez-Muñoz, Antonio, José Luis de la Fuente Madero, José Manuel Burgos Moreno, Andrés Sotoca Plaza, Alicia Juárez Bielsa, and Rafael Manuel López Pérez. "Behavioral analysis in forensic setting with the SAVE method." South Florida Journal of Health 5, no. 1 (2024): 19–36. http://dx.doi.org/10.46981/sfjhv5n1-003.
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A new theoretical framework developed over the last 10 years, the Behavior Analysis in Medicine, is described to address the challenges faced by forensic and medical or psychological assessment in daily clinical practice. With an interdisciplinary and scientifically based approach that is flexible but systematic in its application, the System for Analysis of Validity in Evaluation (SAVE) is designed to incorporate a wide range of useful methods, techniques and skills drawn from different sources (forensic medicine and psychology, criminology, health law, deception detection, etc.). It is structured in three successive or non-successive phases: verisimilitude (V1), which corresponds to the analysis of the verbal content of the statement; veracity (V2), as the congruence between verbal and non-verbal, and verification (V3), the process of checking the information previously obtained. There is also an overarching phase (V0) or identity assessment, which allows the previous results to be adapted to each case. These knowledge and skills can be learned and trained, all of them have been scientifically tested and have a large number of published references to deepen each phase. In addition, this process allows for easy adaptation to each case and context, avoiding upsetting genuinely impaired examinees and going unnoticed unless the probability of fraud is high. We therefore believe that all forensic, expert witness and legal professionals, especially doctors and psychologists, whether civil servants or independent, will benefit from this way of conducting their assessments, improving the clinical relationship and the necessary management of deception when needed.
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Abramov, A. A. "Religious and Ethical Issues of Artificial Intelligence: Expert Assessments and the Vatican Position." Concept: philosophy, religion, culture 4, no. 4 (2020): 68–82. http://dx.doi.org/10.24833/2541-8831-2020-4-16-68-82.
Full textAbstract:
The paper is dedicated to the emergence of progressive artificial intelligence technologies and its relations to the human nature and soul, as viewed by experts and in such specific community as the church. We seem now to be entering a new phase of the comprehension of the moral aspects of the introduction of artificial intelligence (AI) into the life of different societies. The romantic period of high expectations and excessive anxiety is replaced by the growing understanding of the complexity of the man‒machine interaction, which implies the intersection moral, legal, political and utilitarian dimensions of both a person and an artifact. The problematic issues are now more obvious, clear and difficult, as the disciplinary boundaries are revealed and highlighted. Among the crucial issues one should mention deficiencies in definitions; weakness of research optics and the vision that would be friendly to other areas of study or practice. This also includes the issues of integral assessment of the existing dangers, difficulties in describing the mechanisms of fulfilling both ethical and technically viable requirements. As scientific knowledge accumulates, both the benefits of introducing AI technologies into everyday life and previously underestimated new threats become more obvious. These societal and humanitarian ones include, in particular, social turbulence, neuroticism, digital crimes and crimes associated freedom abuses and losses of identity. Over the past few years, state and non-governmental institutions have proposed different approaches to determining what is included in the moral core of the problem under consideration. The efforts of many, if not most, of them turn out to be compromised by suspicions in willful intents. In this context, the broad consensus with the key agent facilitators is required, and the role such actors play in providing social stability is indisputable. One of the key roles in offering society the broadest vision on the anthropocentric development and AI progress belongs to the Roman Catholic Church. The Vatican’s quest to unite philosophers, AI developers, and religious leaders to address the ethical challenges of designing and implementing robotics is becoming an important element of the Christian witness in a world that is consider ed irrevocably secularized by many.
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Abramov, A. A. "Religious and Ethical Issues of Artificial Intelligence: Expert Assessments and the Vatican Position." Concept: philosophy, religion, culture 4, no. 4 (2020): 68–82. http://dx.doi.org/10.24833/2541-8831-2020-4-16-68-82.
Full textAbstract:
The paper is dedicated to the emergence of progressive artificial intelligence technologies and its relations to the human nature and soul, as viewed by experts and in such specific community as the church. We seem now to be entering a new phase of the comprehension of the moral aspects of the introduction of artificial intelligence (AI) into the life of different societies. The romantic period of high expectations and excessive anxiety is replaced by the growing understanding of the complexity of the man‒machine interaction, which implies the intersection moral, legal, political and utilitarian dimensions of both a person and an artifact. The problematic issues are now more obvious, clear and difficult, as the disciplinary boundaries are revealed and highlighted. Among the crucial issues one should mention deficiencies in definitions; weakness of research optics and the vision that would be friendly to other areas of study or practice. This also includes the issues of integral assessment of the existing dangers, difficulties in describing the mechanisms of fulfilling both ethical and technically viable requirements. As scientific knowledge accumulates, both the benefits of introducing AI technologies into everyday life and previously underestimated new threats become more obvious. These societal and humanitarian ones include, in particular, social turbulence, neuroticism, digital crimes and crimes associated freedom abuses and losses of identity. Over the past few years, state and non-governmental institutions have proposed different approaches to determining what is included in the moral core of the problem under consideration. The efforts of many, if not most, of them turn out to be compromised by suspicions in willful intents. In this context, the broad consensus with the key agent facilitators is required, and the role such actors play in providing social stability is indisputable. One of the key roles in offering society the broadest vision on the anthropocentric development and AI progress belongs to the Roman Catholic Church. The Vatican’s quest to unite philosophers, AI developers, and religious leaders to address the ethical challenges of designing and implementing robotics is becoming an important element of the Christian witness in a world that is consider ed irrevocably secularized by many.
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Mendelson, George. "The Rating of Psychiatric Impairment in Forensic Practice: A Review." Australian & New Zealand Journal of Psychiatry 25, no. 1 (1991): 84–94. http://dx.doi.org/10.3109/00048679109077722.
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One of the questions often asked of the psychiatric expert witness is to rate the extent of psychiatric impairment as part of the evaluation of a plaintiff in personal injury litigation, or of a claimant for statutory benefits. At present, there is no generally agreed upon or validated scale for the rating of psychiatric impairment, and the guides to the rating of permanent impairment which are available have not been adequately researched. This article reviews the few rating scales which have been published. It is concluded that, because of the increasing need for objective and valid rating of psychiatric impairment for legal and administrative purposes, there is an urgent need for research to determine the reliability and validity of psychiatric impairment rating scales. Nevertheless, the rating scales currently available do provide a structured approach to the rating of psychiatric impairment and offer a degree of objectivity, and therefore they should be utilized more frequently as clinical judgment within the often adversary setting of forensic practice may be influenced by non-clinical factors which may undermine the validity of the assessment.
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O'brien, Kenneth P. "Pivotal Issues in Forensic Psychiatry." Australian & New Zealand Journal of Psychiatry 32, no. 1 (1998): 1–5. http://dx.doi.org/10.3109/00048679809062698.
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Objective and Method: This review examines the scope of forensic psychiatry with particular emphasis on its ethical and social implications. Some comparisons are made between the development of the subspecialty in Australasia and similar developments in the United Kingdom and North America, and the reasons for differences. Results: There has been inadequate debate in Australasia about some of the ethical issues relating to the practice of forensic psychiatry. Furthermore, Australian forensic psychiatry in particular has been slow to develop comprehensive and integrated services compared to other jurisdictions, and remains predominantly an assessment-based activity with primacy of the expert witness. Conclusions: Australasian psychiatry faces significant problems with respect to maldistribution of services. Governments are becoming more radical in their attempts to address this maldistribution and this has ethical implications for the profession itself and the practice of forensic psychiatry. Greater emphasis on the development of integrated and community-based forensic services, with leadership being provided by the profession itself, may deflect some of the present criticism, thereby allowing the subspecialty to more fully mature and develop with the approach of the new millennium.
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Scurr, J. R. H., and J. H. Scurr. "Is failure to provide venous thromboprophylaxis negligent?" Phlebology: The Journal of Venous Disease 22, no. 4 (2007): 186–91. http://dx.doi.org/10.1258/026835507781477136.
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Objectives: To report the outcome of 100 consecutive medicolegal claims referred to one of the authors (1990–2003) following the development of venous thromboembolism (VTE) in surgical patients. Methods: A retrospective analysis of the experience of a vascular surgeon acting as an expert witness in the United Kingdom. Results: Prophylaxis had been provided to 43 claimants with risk factors, who, unfortunately, still developed a VTE and alleged negligence. Twenty-nine claims involved patients who had not received prophylaxis because they were at low risk. In 25/28 claims where no prophylaxis was provided, despite identifiable VTE risk factors, the claim was successful. Claimants who developed a VTE that had been managed incorrectly were successful whether they had received prophylaxis or not. Settlement amounts, where disclosed, are reported. Conclusions: Failure to perform a risk assessment and to provide appropriate venous thromboprophylaxis in surgical patients is considered negligent. Clinicians looking after all hospitalized patients who are not assessing their patients' risk for VTE and/or not providing appropriate prophylaxis are at risk of being accused of negligence.
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TEREKHOVA, L. A. "CONCLUSIONS OF THE EXPERIENCED PERSONS." Herald of Civil Procedure 11, no. 5 (2021): 295–306. http://dx.doi.org/10.24031/2226-0781-2021-11-5-295-306.
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The category of “knowledgeable (experienced) persons” is not limited to experts only. Arbitration assessors and specialists are also referred to as knowledgeable persons; some scholars believe that a witness and even a judge can perform the functions of a knowledgeable person. The article focuses on the figure of a specialist, his consultations and responses to court inquiries. There is a lack of unification of the norms on the participation of a specialist in the Civil Procedure Code and the Arbitration Procedure Code of the Russian Federation. The effectiveness of seeking advice from a specialist is substantiated – this is a faster and less costly way of obtaining special knowledge necessary for considering a case. Consultation and examination are mutually complementary, the consultation may precede the examination, or, on the contrary, follow after the completion of the examination of the expert opinion, when questions have arisen to such a conclusion and the problem is solved with the appointment of additional or repeated examinations. The consultations are varied and subject to classification. It is substantiated, based on the differences in the nature of the consultations, that the consultation of a specialist on the use of technical means in the study of evidence cannot be compared with the consultation of a specialist on a complex scientific issue. As a classification criterion, the author proposes to consider the need for research and assessment of consultation, or the lack thereof. In the latter case, there is technical assistance and it would be legitimate not to classify it as evidence. However, research and assessment of the information presented is an attribute of working with evidence, therefore, in such cases, the status of evidence should be recognized for consultation.
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Sloan, Gary D. "The Application of an Expanded Accident Sequence Model to Forensic Human Factors." Proceedings of the Human Factors Society Annual Meeting 36, no. 8 (1992): 621–25. http://dx.doi.org/10.1518/107118192786751006.
Full textAbstract:
There are several models that assist the human factors specialist in identifying those behaviors that most likely contributed to an accident's occurrence. Of particular importance to forensic human factors specialists are models that can also serve as demonstrative aids in communicating the bases of their opinions to jurors. One such aid is a version of Ramsey's (1978) accident sequence model. The model, which has been expanded by the author, traces sequentially the activities that likely take place within the individual before an accident occurs. The expanded model prompts the investigator to ask the following questions: (1) Was the hazard detected? (2) If so, was it identified? (3) If correctly identified, were its characteristics perceived accurately? (4) If perception was veridical, was the individual alert to the danger? (5) If alert to the danger, did they appreciate the degree of risk involved? (6) If their assessment of risk was realistic, did the individual want to avoid the hazard? 7) And if they sought to avoid the hazard, could they to do so under the existing conditions? The author draws from cases in which he served as an expert witness to illustrate the model's application.
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Nekhorosheva, Elena, Leonid Denisov, Elena Alekseycheva, and Daria Kasatkina. "Health literacy in the urban health infrastructure: who maintains healthcare and how." SHS Web of Conferences 98 (2021): 02007. http://dx.doi.org/10.1051/shsconf/20219802007.
Full textAbstract:
Today we may witness a dire need to research how the urban environment influences urban health, well-being, and sustainability of local communities. The issue of urban health is closely connected with disease prevention projects and the integration of new preventive medical approaches with educational technologies. Due to a large number of responsible parties for the development of health literacy under the authority of different establishments, there is a problem to coordinate aligned activities. Thus the research of the healthcare institutions actions in health literacy development is extremely relevant. The objective of this research is to carry out an integral assessment of the degree to which the functions of preventing non-communicable diseases and developing health literacy are fulfilled by the sectors responsible for urban healthcare. The methods used in this research include a two-phase expert survey: the first group of experts (n: 24) selected the key aspects of healthcare activities, and the second group of experts (n: 35) assessed the quality of implementation of tasks by institutions in charge of disease prevention. The major problem is the lack of effective communication mechanisms in the sphere of intersectoral cooperation, informing the key disease prevention bodies of distributed responsibility, as well as state and social control of execution of laws and regulations. According to the obtained results, the state healthcare system is an important component of the health infrastructure. The functions connected with meeting the vital needs of the city population received medium-high ratings. However, the implementation of disease prevention functions by the healthcare system in Moscow was rated by experts at a low level. Besides, the experts consistently assigned an extremely low rating to the development of health literacy as one of the areas of activity covered by all sectors. To reinforce their outreach and awareness-raising work in the sphere of healthcare, executors of federal projects have to incorporate educational activities into their daily work.
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Lamandini, Marco, and David Ramos Muñoz. "Some Reflections on the Standard of Review in the Experience of the ESAs Joint Board of Appeal and of the SRB Appeal Panel." European Company and Financial Law Review 19, no. 6 (2022): 950–70. http://dx.doi.org/10.1515/ecfr-2022-0027.
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Abstract 950In light of the experience we surmise that, in the EU law of finance, both for European courts and the BoA and AP the question is not about changing the standards of review as they stand; it is about ensuring that the standard of legality review is meaningfully applied, because the reviewing court or quasi court is capable of engaging in a dialogue with the supervisory institution in its own terms and challenge its reasoning, having due regard to all factual elements of the case. What kind of error of assessment counts as ‘manifest’ cannot be determined independently of the Court’s understanding of what falls within the acceptable range, which, in turn, cannot be established without reference to the court’s willingness to take an hard, or better said, closer look at all factual and legal elements of the reasoning. Thus, albeit with nuances often determined by the specific features of each case, in the supervisory and resolution context it seems to us that the marginal v full review debate is, in the Banking Union, more academic than practical and that a full assessment of facts, to the extent that procedural rules allow a proactive evidentiary role, Q&A and expert witness, and a stringent review of the interpretation and application of law (and thus of the substantive legality) is possible, and thus full legal accountability and full effective judicial protection is warranted.951
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Völlm, Birgit A., Martin Clarke, Vicenç Tort Herrando, et al. "European Psychiatric Association (EPA) guidance on forensic psychiatry: Evidence based assessment and treatment of mentally disordered offenders." European Psychiatry 51 (June 2018): 58–73. http://dx.doi.org/10.1016/j.eurpsy.2017.12.007.
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AbstractForensic psychiatry in Europe is a specialty primarily concerned with individuals who have either offended or present a risk of doing so, and who also suffer from a psychiatric condition. These mentally disordered offenders (MDOs) are often cared for in secure psychiatric environments or prisons. In this guidance paper we first present an overview of the field of forensic psychiatry from a European perspective. We then present a review of the literature summarising the evidence on the assessment and treatment of MDOs under the following headings: The forensic psychiatrist as expert witness, risk, treatment settings for mentally disordered offenders, and what works for MDOs. We undertook a rapid review of the literature with search terms related to: forensic psychiatry, review articles, randomised controlled trials and best practice. We searched the Medline, Embase, PsycINFO, and Cochrane library databases from 2000 onwards for adult groups only. We scrutinised publications for additional relevant literature, and searched the websites of relevant professional organisations for policies, statements or guidance of interest. We present the findings of the scientific literature as well as recommendations for best practice drawing additionally from the guidance documents identified. We found that the evidence base for forensic-psychiatric practice is weak though there is some evidence to suggest that psychiatric care produces better outcomes than criminal justice detention only. Practitioners need to follow general psychiatric guidance as well as that for offenders, adapted for the complex needs of this patient group, paying particular attention to long-term detention and ethical issues.
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Šehović, Nermin. "PERMANENT COURT EXPERT WITNESSES IN THE FIELD OF MECHANICAL ENGINEERING IN THE LEGAL SYSTEM OF BOSNIA AND HERZEGOVINA." Mašinstvo 20, no. 4 (2023): 55–68. https://doi.org/10.62456/jmem.2023.04.055.
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<p style="text-align: justify;">The paper aims to explain the concepts related to proving and to permanent court expert witnesses, as a means of proving in the legal system of Bosnia and Herzegovina, on the basis of the legal and legislative framework that is a prerequisite for the performance of expert witnesses work in Bosnia and Herzegovina. The paper starts with: the conditions<br />and procedures for appointing experts and professional commissions needed for the process of appointing experts, lists of expert witnesses and directory of expert witnesses, supervision of their work done by the authority leading the procedure, periodic assessment of expert witnesses' work, measures of public reprimand and dismissal of experts, rights and duties of experts, tariff on awards and reimbursements of expenses for the work of expert witnesses and staff list, and institutional capacities of permanent court expert witnesses in the field of mechanical profession in Bosnia and Herzegovina..</p>
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Szczyrbak, Magdalena. "The whole truth? Hypothetical questions and the (de)construction of knowledge in expert witness cross-examination." Studia Linguistica Universitatis Iagellonicae Cracoviensis 140, no. 1 (2023): 67–93. http://dx.doi.org/10.4467/20834624sl.23.004.17264.
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This paper examines the relation between hypotheticals and epistemic stance in jury trials, and it reveals how hypothetically framed questions (HQs) are used in cross- examination to construct “the admissible truth” (Gutheil et al. 2003) which is then turned into evidence. It looks at a selection of interactional exchanges identified in the transcripts and video recordings which document two days of expert witness cross- examination in two high-profile criminal cases. In the study, two approaches to data analysis were combined: a bottom-up approach focusing on markers of HQs offering “points of entry” into discourse through a corpus-assisted analysis and a top-down approach looking at cross-examination as a complex communicative event, providing a more holistic view of the interactional context in which HQs are used. The paper explains the role which such questions play in the positioning of opposing knowledge claims, as well as discusses the effect they create in hostile interaction with expert witnesses. As is revealed, HQs are used to elicit the witness’s assessments of alternative scenarios of past events and causal links involving the facts of the case; to elicit the witness’s assessments of general hypothetical scenarios not involving the facts of the case, or to undermine the validity of the witness’s method of analysis. In sum, the paper explains how the use of HQs aids cross-examining attorneys in deconstructing unfavourable testimony and constructing the “legal truth” which supports their narrative.
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BENBROOK, Charles. "Shining a Light on Glyphosate-Based Herbicide Hazard, Exposures and Risk: Role of Non-Hodgkin Lymphoma Litigation in the USA." European Journal of Risk Regulation 11, no. 3 (2020): 498–519. http://dx.doi.org/10.1017/err.2020.16.
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Roundup, and other glyphosate-based herbicides, are the most heavily used pesticides in the history of the USA and globally. In March 2015, the International Agency for Research on Cancer (IARC) classified glyphosate as a “probable human carcinogen”. A portion of the 695,000 Americans then living in 2015 with non-Hodgkin lymphoma (NHL) became aware of IARC’s decision. Several thousand Roundup–NHL lawsuits had been filed by the end of 2017, rising to 18,400 by July 2019 and 42,000 by November 2019. Three cases have gone to trial, each won by the plaintiffs. The author has served as an expert witness for the plaintiffs in this litigation and has been compensated for his time spent. The impact of the litigation on the independent assessment of the science useful in determining whether glyphosate and glyphosate-based herbicide exposures are linked to NHL is reviewed, as is why the US Environmental Protection Agency (EPA) and IARC reached such different judgements regarding glyphosate human cancer hazard and risk. Two important “lessons learned” regarding the EPA versus IARC assessment of glyphosate cancer hazard and risk are highlighted. The first arises from differences in the magnitude of applicator risks from mostly dermal exposures to formulated glyphosate-based herbicides compared to just dietary exposures to technical glyphosate. The second relates to missed opportunities to markedly lower applicator exposures and risks with little or no impact on sales via reformulation, added warnings and worker safety provisions, company-driven stewardship programmes and greater determination by the EPA in the 1980s to compel Monsanto to add common-sense worker protection provisions onto Roundup labels (eg “wear gloves when applying this product”). Policy reforms designed to alleviate systemic problems with how pesticide hazards, exposures and risks are analysed, regulated and mitigated are described.
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Myroshnychenko, Y. M., and A. F. Volobuiev. "Interrogation in criminal proceedings: pre-trial investigation and trial." Uzhhorod National University Herald. Series: Law 4, no. 87 (2025): 50–56. https://doi.org/10.24144/2307-3322.2025.87.4.7.
Full textAbstract:
The procedural and tactical aspects of interrogation during pre-trial investigation and trial are studied. The common features and differences of interrogations conducted at different stages of criminal proceedings are determined. The procedural features of interrogation of participants in pre-trial investigation (victim, witness, suspect) are outlined. It is noted that the interrogation protocols of the specified participants after their evaluation by the investigator and prosecutor are a source of evidence only for formulating the accusation in the indictment. For the court, the testimonies recorded in the interrogation protocols are not the subject of research - the court does not have the right to justify its decisions with the testimonies provided to the investigator (prosecutor) or refer to them. The court must directly receive oral testimony from the participants in the criminal proceedings, that is, conduct their interrogation in the court session. In this regard, the features of the interrogation of participants in the trial (accused, victim, witness, expert) and methods of conducting the judicial interrogation are given. In particular, the public nature of the interrogation is noted, which takes place under the leadership of the presiding judge in the courtroom with the participation of the parties, other participants in the court proceedings and the presence of persons who have the right to do so. It is concluded that there is a natural connection between investigative and judicial interrogations and it must be taken into account by the subjects of the pre-trial investigation. It should be borne in mind that the final assessment of the testimony given during the pre-trial investigation will be subject to comprehensive and critical analysis by the parties and other participants in the criminal proceedings in the atmosphere of the trial. The analysis and verification will not be carried out on the interrogation protocols compiled by the investigators, but on the oral testimony of the participants in the pre-trial investigation, obtained directly in the courtroom using the methods of cross-examination and chess interrogation. This is a clash of different interests and the emergence of controversial situations associated with different interpretations of certain circumstances. Therefore, the investigator, prosecutor at the stage of pre-trial investigation when conducting interrogations must not only carefully follow the procedural rules, but also carefully choose the tactics of conducting them, which would not harm the confirmation of the reliability and admissibility of the testimony in court.