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Dissertations / Theses on the topic 'Expert witness'
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1
Gumpert, Clara Hellner. "Alleged child sexual abuse : the expert witness and the court /." Stockholm, 2001. http://diss.kib.ki.se/2001/91-628-4685-x/.
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Chan, Wai Sing. "Challenging task for expert witness in the construction dispute process." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454283a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2008."Master of Arts in arbitration and dispute resolution, research dissertation." Title from PDF t.p. (viewed on June 1, 2009) Includes bibliographical references.
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Forret, Joan Boyce. "An Interface between science and law: What is science for members of New Zealand's Environment Court?" The University of Waikato, 2006. http://hdl.handle.net/10289/2667.
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This study investigates the interface between science and law with reference to models of science described by members of New Zealand's Environment Court. The aim of the research is to identify differences and consistencies between the members of the Court in the way that they articulate their understanding of science and of scientific evidence. This research also aims to locate those individual models of science within a wider philosophical discourse concerning the nature of science. The research adopts a qualitative and interpretive approach that focuses on understanding the detail of contextual interactions arising from interviews with eight Environment Judges and 13 Commissioners. The interview group comprised all of the judges of the Court during the research period (1999 - 2000) and all but one permanent Commissioner. The analysis of interviews show a wide range of views concerning the scope and nature of science. Criteria significant to each individual's model of science have been identified as a series of micro themes. Those micro themes differ between individuals as to the combinations of criteria significant when locating the boundary between science and non-science. The analysis of interviews also identifies three macro themes that describe whether and how individuals differentiate science, technology and expertise. That analysis identifies a group of interviewees, comprising both judges and commissioners, that equates science with expertise without distinction as to any knowledge component or process considerations. The analysis of interview responses adopts a boundary-work approach that identifies how individuals locate the boundary between science and non-science through their articulation of the micro themes significant to their model of science. The study contributes to the discourse concerning the relationship of science and law within modern society. That discourse commonly addresses the appropriate legal framework to assess questions involving scientific expertise and invariably describes the legal process and the role of expert and decision maker within that process. However, that discourse rarely articulates the meaning of the terms science, scientist, or technology, assuming that science is a self-evident concept, its meaning having universal application and acceptance. This research challenges that approach and identifies wide differences in the models of science held by individual decision makers and differences in their expectations of evidence from expert witnesses. Aside from the implications of the research results for the discourse concerning the relationship of science and law, this research also has practical implications for the evaluation of expert scientific evidence within an adversarial system of law, and for expert evidence before the Environment Court. Suggestions to improve communication both within the Court and between the Court and parties appearing before it are made with a view to identifying consistent and fair expectations of experts and their evidence.
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Frederiksen, Soren David. "The mediating discourses of the expert witness, science, fingerprinting, and the law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ57658.pdf.
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Frederiksen, Soren David Carleton University Dissertation Law. "The mediating discourses of the expert witness; science, fingerprinting, and the law." Ottawa, 2000.
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Malatji, Hlamalane Queen. "The social worker, as an expert witness in sexual offences committed against children / by Malatji Hlamalane Queen." Thesis, North-West University, 2012. http://hdl.handle.net/10394/9673.
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Sexual offence against children is a complex issue and a major problem in South Africa. Trained and skilled social workers as expert witnesses are needed to help the courts deal with this problem in our courts. A specialised knowledge in the field of forensic expert witnessing in sexual offence cases is a must. Since a University degree in Social Work does not adequately prepare social workers to be effective expert witnesses the Social Work Profession receives much criticism in this regard.
Probation Officers, Forensic Social Workers from SAPS and Forensic Social workers in private practice were included in the study in an attempt to investigate the problem and suggest possible solutions. The problem is a lack of skilled, trained and knowledgeable professionals in certain areas of the spectrum, e.g. sexual abuse in a child’s case.Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.
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Wong, Joseph Kin. "The future trend in the use of expert witness in international construction disputes." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21324281a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2006.Master of arts in arbitration and dispute resolution, City University of Hong Kong, School of Law. Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.
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Armstrong, Matthew Nicholas. "The Effects of Juror Need for Cognition: Perceptions of Trustworthiness in Expert Witness Testimony." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/335.
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The current study looks to examine the possible effects expert witness trustworthiness and testimony quality depending upon participant need for cognition. The study involves 139 participants taken from Amazon's Mechanical Turk and an undergraduate research pool where they were asked to take part in a web-based survey. Participants read a capital sentencing summary and were randomly selected into one of four expert witness conditions that vary in trustworthiness and quality. Participants took the short form Need for Cognition scale and filled out a questionnaire about their perceptions of the expert's trustworthiness and testimony quality. Results indicated a marginal main effect of the trustworthiness condition as well as a marginal three-way interaction. Additionally, significant main effects for the sample and death qualification status of participants were found. Results are discussed in the context of the current study and past research and possible limitations and extensions of the current study are considered.
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Sitthisarn, Siraya. "Semantically-enabled keyword search for expert witness discovery applied to a legal professional network." Thesis, University of Leeds, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.588742.
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Legal professionals often need to discover expert witnesses with specialized expertise and experience to give an expert opinion in a legal dispute resolution case. The common practice is that legal professionals use their personal networks and internet searches to discover and verify suitable expert witnesses. In addition they may use online systems such as directory services and social network sites (e.g. LinkedIn). However these systems describe experts using broad categories and shallow vocabularies making it difficult to identify expert witnesses for a specific domain such toy safety dispute cases. Keyword searches in these systems are usually based on conventional data models or unstructured text files. This means that although the search results have high recall, but low precision. This resulted in many irrelevant expert witnesses being identified. This thesis reports on the potential of using semantic web technology and social networking to better support expert witness discovery and improve the precision of the keyword search. The case study used in this research was from the toy safety disputes domain. The research was primarily advised by a barrister with good knowledge of this area of law. This thesis reports on a novel "semantically-enabled keyword search for expert witness discovery" that has been developed. A semantically enriched expert witness information knowledge base has been built to enhance the expert witness profile for use within the social network. The semantic data model enabled the information about expert witnesses to be stored and retrieved with higher precision and recall. Unfortunately formal semantic query languages (such as SPARQL) used to search the knowledge base require the user to understand the ontology and master the syntax. For this reason, a prototype "Semantic and Keyword interface engine" (SKengine) was developed. The SKengine automatically generates and selects a set of SPARQL queries derived from the user-input keywords. It then extracts the possible meanings of the keywords from the domain specific knowledge base, then generates and selects the SP ARQL query that best fitted the keywords entered by the user. Finally the generated SPARQL query is executed to retrieve the selected expert witness information from the knowledge base. The result of the semantic query is then returned to the user. To generate the SPARQL query the SKengine used a novel "fix-root query graph construction" algorithm. This was demonstrated to be sufficient for the discovery of expert witnesses. The algorithm avoids generating query trees with irrelevant roots that are not involved with expert witness discovery. The experimental results showed that the prototype has significantly improved the precision and relevance of the query results. In addition, evaluation was conducted to understand time performance of SKengine.
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Schwartz, Shari. "Judging Psychology Experts: Can Judges and Attorneys Distinguish Between Clinical and Experimental Psychologists?" FIU Digital Commons, 2012. http://digitalcommons.fiu.edu/etd/685.
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A trial judge serves as gatekeeper in the courtroom to ensure that only reliable expert witness testimony is presented to the jury. Nevertheless, research shows that while judges take seriously their gatekeeper status, legal professionals in general are unable to identify well conducted research and are unable to define falsifiability, error rates, peer review status, and scientific validity (Gatkowski et al., 2001; Kovera & McAuliff, 2000). However, the abilities to identify quality scientific research and define scientific concepts are critical to preventing “junk” science from entering courtrooms. Research thus far has neglected to address that before selecting expert witnesses, judges and attorneys must first evaluate experts’ CVs rather than their scientific testimony to determine whether legal standards of admissibility have been met. The quality of expert testimony, therefore, largely depends on the ability to evaluate properly experts’ credentials. Theoretical models of decision making suggest that ability/knowledge and motivation are required to process information systematically. Legal professionals (judges and attorneys) were expected to process CVs heuristically when rendering expert witness decisions due to a lack of training in areas of psychology expertise.
Legal professionals’ (N = 150) and undergraduate students’ (N = 468) expert witness decisions were examined and compared. Participants were presented with one of two versions of a criminal case calling for the testimony of either a clinical psychology expert or an experimental legal psychology expert. Participants then read one of eight curricula vitae that varied area of expertise (clinical vs. legal psychology), previous expert witness experience (previous experience vs. no previous experience), and scholarly publication record (30 publications vs. no publications) before deciding whether the expert was qualified to testify in the case. Follow-up measures assessed participants’ decision making processes.
Legal professionals were not better than college students at rendering quality psychology expert witness admissibility decisions yet they were significantly more confident in their decisions. Legal professionals rated themselves significantly higher than students in ability, knowledge, and motivation to choose an appropriate psychology expert although their expert witness decisions were equally inadequate. Findings suggest that participants relied on heuristics, such as previous expert witness experience, to render decisions.
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Tomblinson, Shauna. "Speech-Language Pathologists as Expert Witnesses in Court Cases." OpenSIUC, 2021. https://opensiuc.lib.siu.edu/theses/2823.
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The purpose of this study was to discover if as an expert witness, an SLP can make a significant impact on the decision made by juries in the cases of defendants with a traumatic brain injury compared to no expert witness testimony. Participants were recruited from a pool of individuals who met the requirements to be a potential juror in the state of Illinois. Participants completed a survey regarding their opinions on defendants with TBI in court cases. The survey was created with the online survey generator software, “Google Forms” in order to determine if individuals would judge a defendant differently when informed of the expert witness testimony of an SLP. Results suggest a positive correlation between exposure to SLP testimony and greater leniency or rehabilitative tendencies in legal judgment. The implications of these results shine a very important light on the issue of individuals with TBI inside the criminal justice system. If cases continue to be held in a court of law without the input of specialized SLP expert knowledge, it would be difficult to say if true justice is served for each individual. With SLP expert testimony, the number of individuals with TBI who are behind bars as a result of ill-informed jury sentencing could be significantly reduced.
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Smith, Sufran. "Die forensiese maatskaplike werker as deskundige getuie in die hof / Sufran Smith." Thesis, North-West University, 2007. http://hdl.handle.net/10394/2131.
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McCurry, Ford C. "How Psychology’s Empirical Results Can Benefit the Criminal Justice System: Expert Testimony." Digital Commons @ East Tennessee State University, 2013. https://dc.etsu.edu/etd/1166.
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Brigham and Bothwell (1983) claimed that jurors have a scientifically incorrect view of eyewitness testimony. The purpose of this study was to examine the most beneficial way to assist the jury in dealing with eyewitness testimony. Duckworth, Kreiner, Stark-Wroblewski, and Marsh (2011) applied interactive participation in an eyewitness activity and expert testimony to a mock-jury dealing with eyewitness testimony and found that those who participated in the activity had significantly fewer convictions. The methodological framework of the Duckworth et al. study was applied to East Tennessee State University criminal justice undergraduates. Although this study did not find any significant effects in hearing expert testimony on empirical findings regarding eyewitness testimony or participating in an individual recall activity, cross tabulation frequencies indicated a directional pattern of relationship when independent variables were compared to the control group.
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Dubreuil, Susan C. (Susan Catherine) Carleton University Dissertation Psychology. "Courtroom preparation of hypnotic and nonhypnotic eyewitnesses; jurors' perceptions of witness testimony and the impact of expert testimony." Ottawa, 1994.
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Slot, Janneke. "An evaluation of the forensic accountant's role in criminal law proceedings / by J. Slot." Thesis, North-West University, 2013. http://hdl.handle.net/10394/9839.
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Forensic accountants are occasionally called upon to assist in criminal law proceedings. The role of the forensic accountant in such proceedings is usually determined during the engagement of the forensic investigation to assist in the matter under investigation. During such investigations, various investigation techniques may be utilised by the forensic accountant in order to convey the facts and findings of the forensic investigation in a written report, drafted by the forensic accountant. When criminal prosecutions are instituted and the forensic accountant is called upon to act as an expert witness, such evidence is mostly based on the findings of the written report. Thus, in giving evidence, the forensic accountant must ensure that the testimony and evidence will be admissible in court and that the forensic accountant is found to be a credible witness.
Although there are various legal standards that the forensic accountant must adhere to, the ICFP, which is the South African regulatory body for commercial forensic practitioners, is still in its infancy and has as yet not set any standards with which forensic accountants must comply with when assisting in criminal investigations or drafting written reports.
The objective of this study is to highlight the role of the forensic accountant in criminal law proceedings. This objective is reached by clarification of the following:
• the difference between a forensic accountant and an auditor;
• the techniques available to the forensic accountant when conducting a forensic investigation;
• the standards with which a forensic accountant‘s report should comply; and
• the forensic accountant‘s role in testimony.
The study illustrates the difference between a forensic accountant and an auditor and suggests a definition for a forensic accountant. The study furthermore explores various techniques that the forensic accountant may utilise during the investigation. The study also analyses the legal standards with which a forensic accountant must comply in order to ensure the admissibility of the written report and its findings. In order to achieve this, international regulatory standards applicable to forensic accountants are analysed and discussed. Finally, the role of the forensic accountant in court proceedings is examined.
The illustrations in this study will be helpful in determining standards that could be implemented in South Africa to guide forensic accountants in their role in criminal law proceedings.Thesis (MCom (Forensic accountancy))--North-West University, Potchefstroom Campus, 2013.
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Greer, Joanne. "'Gleaning the grain from the threshing-floor in the midst of a storm' : an interpretative phenomenological analysis of educational psychologists' experience of working as expert witnesses in the family court." Thesis, University of Manchester, 2018. https://www.research.manchester.ac.uk/portal/en/theses/gleaning-the-grain-from-the-threshingfloor-in-the-midst-of-a-storma--an-interpretative-phenomenological-analysis-of-educational-psychologistsa-experience-of-working-as-expert-witnesses-in-the-family-court(8a7900dd-7252-4f22-8e10-fdd512734fe1).html.
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The aim of this research was to explore the lived experience of educational psychologists (EPs) working as expert witnesses in the family court and to capture some of their tacit knowledge. The research was conducted during a 'perfect storm' of reforms in family justice, austerity measures and following the publication of 'The Ireland Report' (Ireland, 2012) which was highly critical of the quality of psychological reports prepared for the family courts and captured the attention of the national media at a time when several high profile cases involving expert witness malpractice were also under scrutiny. Adopting Interpretative Phenomenological Analysis (IPA) as the methodology, two EP expert witnesses were interviewed using in-depth conversations based around two semi-structured interview prompts. Interview transcripts were then analysed using IPA, firstly within individual interviews and cases and then across interviews and cases. Superordinate themes emerged as five main focus points: 1) The role of being an EP and an expert witness, 2) Maintaining a phenomenological attitude, 3) Personal and professional identity, 4) The context of court and 5) The experience of the interview. Findings indicate that the widely accepted Fallon, Woods and Rooney (2010) definition of who EPs are and what EPs do also holds in the context of the family court, with the scientist-practitioner identity being further illuminated in this milieu, especially with regard to formulation, maintaining a phenomenological attitude and reflexivity.
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Demirel, Tuncay. "An Expert System For The Quantification Of Fault Rates In Construction Fall Accidents." Master's thesis, METU, 2005. http://etd.lib.metu.edu.tr/upload/12605979/index.pdf.
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Due to its hazardous nature, occupational injuries are unavoidable in the construction industry. Although many precautions are taken and educations are given to the laborers and employers, zero occupational injury rate could not be achieved, but a decrease in the number of injuries and fatalities could be maintained. The conventional studies conducted so far, usually focused on the prevention and causation models. The approach of the researchers was, either proactive or reactive about the accidents which offered preventive or protective precautions. However, after the occurrence of an injury, these precautions become useless and from this point on, determination of the fault rates for the parties being involved in that injury becomes the critical issue. Mostly, it is difficult to reach an objective and correct conclusion at the phase of determining fault rates and decisions achieved may display great fluctuations from one expert to another. The aim of this study is to develop an expert system that reflects the knowledge of occupational safety experts for the determination of fault rates. In order to facilitate this research, required data were collected from related organizations and experts. These data were compiled and classified, the significant factors were determined and all of these factors were evaluated within a quantitative approach. In addition to this evaluation, questionnaires were submitted to the expertsat which they were asked to rate the factors which were determined by the researcher of this study. The expert system is based on these ratings and factors obtained from questionnaires.
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Pereira, Daniel de Menezes. "Aspectos históricos e atuais da perícia médico legal e suas possibilidades de evolução." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2136/tde-17122013-081615/.
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O presente trabalho analisa diferentes aspectos da perícia médico legal, visando buscar formas efetivas de otimizar seus laudos e aferir melhores resultados na busca da verdade dos fatos na Justiça brasileira. Para tanto, é feita uma análise etimológica e uma breve retrospectiva da história da perícia, como forma de melhor entender e contextualizar suas bases e origens. Após, é analisada a realidade brasileira nesta área, em especial no Estado de São Paulo, mediante a verificação da estrutura dos locais de perícia, bem como da qualidade das intervenções dos poderes legislativo e executivo nesta área. É discutida, ainda, a questão da desvinculação da perícia à Segurança Pública no Brasil, bem como é realizado um breve estudo de direito comparado, em que são focadas as diferenças no tratamento legal da perícia entre o ordenamento jurídico brasileiro e os ordenamentos estrangeiros.This study analyzes several aspects of forensic expertise, aiming to seek effective ways to optimize the experts reports, consequently benchmarking best results in the search for the truth in investigations carried out in Brazil. Therefore, it was performed an etymological analysis and a brief retrospective of the history of forensic sciences as a way to understand and contextualize its origins and bases. In sequence it was analyzed the Brazilian reality in this field, especially in the State of São Paulo, by means of checking the structure of the locations where the States official examinations are conducted, as well as the quality of the interventions of the government and the parliament in this field. This work also discusses the issue of untying the States official examinations from the Citizen Security authorities in Brazil, as well as performs a brief study of comparative Law, which is focused on the differences related to the legal treatment of forensic sciences on foreign Legal systems compared to the Brazilian Legal system.
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De, Koning Susan Petru. "Maatskaplikewerk, voorvonnisverslae : die ontwikkeling van riglyne / Susan Petru de Koning." Thesis, North-West University, 2007. http://hdl.handle.net/10394/1494.
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Research has shown that courts and practising jurists increasingly use social work
pre-sentence reports. Pre-sentence reports can be requested from probation officers
and social workers in private practice. These reports are prepared with the purpose
of assisting courts in determining the most appropriate sentence taking into account
the criminal, the victim and the community.
Worldwide research as confirmed by this investigation indicates that jurists generally
regard the quality of pre-sentence reports as unsatisfactory. This research
focussed on jurists' quality grading and their pointing out of shortcomings and
problems regarding certain aspects of the pre-sentence report.
Twenty respondents took part in this research among whom were advocates (some
with senior status), regional magistrates, magistrates and attorneys with experience
in the criminal court as well as being experienced in employing pre-sentence reports.
The aspects of the pre-sentence reports concentrated on is the report format, report
content, the discussion of the facts (evaluation), motivation underlying the
recommendations, general appearance, use of assessment instruments,
presentation in court, as well as skills and knowledge required to write the reports.
The respondents were also requested to indicate they prefer the service of either a
probation officer or a social worker in private practice. Their preferences are
highlighted and discussed.Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2007.
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Richani, Joseph. "Les Preuves dans l'arbitrage international." Phd thesis, Université de Cergy Pontoise, 2013. http://tel.archives-ouvertes.fr/tel-00869967.
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L'arbitrage est un mode de résolution des litiges par l'intermédiaire d'un tribunal arbitral composé d'un ou plusieurs arbitres. Il permet, comme devant les tribunaux étatiques, de régler un litige en vertu d'une sentence rendue à l'issue d'une procédure arbitrale dans laquelle chacune des parties doit prouver ce qu'elle allègue afin d'établir la conviction des arbitres. C'est par le recours aux divers modes de preuve inspirés des différents systèmes juridiques notamment du système de Common Law et du système de droit civil que les plaideurs pourront atteindre cette finalité.En revanche, parce que l'arbitrage international ne possède ni for ni législation spéciaux, l'administration des preuves dans une instance arbitrale internationale revêt un caractère sui generis de fait que l'arbitrage international a reconnu un système de preuve qui a utilisé les avantages des divers systèmes juridiques. Ainsi, on retrouve que la preuve écrite, qu'elle soit sur support papier ou sur support électronique, est administrée selon le model civiliste qui donne la primauté à une preuve préconstituée à l'avance. Mais, en ce qui concerne la preuve par témoin, l'influence des droits de Common Law paraît claire surtout que dans la plupart des cas, le pouvoir de nommer et d'interroger les témoins revient aux plaideurs qui utilisent la méthode d'Examination lors de l'interrogation des témoins. C'est aussi le cas de l'expertise qui est souvent considérée comme une preuve orale dans laquelle il revient aux parties le pouvoir de désigner les experts et de les interroger suivant l'interrogatoire direct et le contre interrogatoire tout comme des témoins. Ainsi, les preuves dans l'arbitrage international peuvent être reparties en preuves écrites et preuves orales dont les premières sont constituées de l'écrit sur support papier ou sur support électronique et les secondes sont formées par la preuve par témoin et la preuve par expertise.
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Giova, Giuliano. "Weblabs na investigação forense de sistemas eletrônicos digitais." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/3/3142/tde-02052011-123348/.
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Sistemas digitais tornaram-se onipresentes, há cerca de um bilhão de computadores conectados à Internet, e essenciais às atividades humanas. Em consequência, aumentam os casos judiciais cuja solução depende do exame forense de dispositivos eletrônicos. A investigação de ilícitos é quase sempre presencial: oficiais de justiça e peritos coletam computadores suspeitos e os conduzem para laboratórios especializados mantidos pelo Estado (Institutos de Criminalística), por universidades ou pelos próprios peritos judiciais. Funcionários públicos ou especialistas nomeados pelos Juízes e, quando admissíveis, representantes dos autores e réus, conduzem exames técnicos segundo métodos e ferramentas forenses. O resultado é submetido ao Magistrado na forma de um laudo pericial cuja qualidade tem severa repercussão social por ser elemento de convencimento, decisão e julgamento nos processos judiciais. Essa qualidade é ameaçada pela demanda superior aos recursos disponíveis e pela crescente complexidade. Poucos centros de estudo reúnem recursos e competência apropriados ao desafio, além de quase sempre estarem distantes dos seus principais usuários: milhares de fóruns e delegacias espalhados pelo país. Impõe-se, portanto, que os meios acadêmicos lancem mão das mais recentes descobertas científicas para trazer inovações compatíveis com as novas demandas sociais. Uma das mais promissoras tecnologias nesse sentido é o laboratório acessível remotamente via internet, denominado WebLab, no Brasil alvo do projeto KyaTera, coordenado pela Fapesp. A presente dissertação explora e contextualiza esses temas e faz análise preliminar sobre uma alternativa que poderia, dependendo de estudos complementares futuros, proporcionar aos operadores do Direito, como juízes, peritos oficiais e assistentes técnicos das partes, acesso remoto a laboratórios especializados no exame de sistemas eletrônicos digitais e à sociedade uma ferramenta para tornar mais confiáveis os procedimentos periciais forenses.Digital systems have become ubiquitous, there are nearly a billion computers connected to Internet, and essential for human activities. This leads to the increase of the number of legal cases whose solution depends on the forensic examination of electronic devices. The investigation of unlawful acts is almost always made on site: bailiffs and experts witness collect suspect computers and take them to specialized laboratories maintained by the governments (criminology institutes), universities or even by expert witnesses. Experts appointed by judges and, if eligible, representatives of the defendants and plaintiffs, conducts technical examinations based on forensic methods and tools. The result of this work is submitted to the Judge as an expert witness report whose quality has severe social repercussions as a matter of conviction and decision in the trial proceedings. This quality is under serious threat due to demand greater than available resources and due to growing complexity. Few centers of study have resources and enough technical skill enough to overcome these challenges, and those centers are often distant from users: thousands of courts and police stations throughout Brazil. It is really necessary the academic community engagement to bring solutions to those new social demands by means of latest scientific findings. One of the most promising technologies in this area is an Internet remotely accessible laboratory, using so called WebLab technology, in Brazil developed mainly by the Fapesp project KyaTera. This dissertation explores and contextualizes these themes and makes a preliminary analysis about an alternative which, depending on future complementary studies, may offer to legal professionals and especially to experts and technical assistants remote access to specialized laboratories for the examination of electronic digital systems, providing a tool to society that makes forensic exams more reliable.
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Motzkau, Johanna F. "Cross-examining suggestibility : memory, childhood, expertise." Thesis, Loughborough University, 2006. https://dspace.lboro.ac.uk/2134/16106.
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Initially a central topic for psychology, suggestibility has been forgotten, rediscovered, evaded definition, sabotaged experimentation and persistently triggers epistemological short-circuits when interconnecting psychological questions of memory, childhood and scientificity, with concrete legal issues of child witnesses' credibility, the disclosure of sexual abuse and psychological expertise in courts of law. The aim of this study is to trace suggestibility through history, theory, research and practice, and to explore its efficacy at the intersection of psychology and law, by examining and comparing the. concrete case of child witness practice in England and Germany. Taking a transdisciplinary approach the study draws on two interrelated sources of 'data' combining historical, theoretical and research literature with the analysis of empirical data. A genealogy if theory and research is combined with the results of reflexive interviews, conducted in England and Germany with practitioners from all those professions involved in creating, applying or dealing with knowledge about child witnesses and suggestibility: judges, prosecutors, lawyers, police officers, psychologists (researchers, experts) and social workers. Drawing on the work of G. Deleuze and 1. Stengers this study shows how practical tensions around reliable witnesses, evidence and expertise merge pragmatically with theoretical movements employed to adjust the discipline, thereby causing frictions and voids. In this sense suggestibility provides a liminal resource: It transgresses disciplinary boundaries and pervades pragmatic and theoretical, global and personal, historical and actual considerations, creating voids that allow us to reconsider the pragmatics of change and to redefine the issue of critical impact, as well as to reformulate the problem of child witness practice and children's suggestibility. The study hopes to make a concrete contribution to facilitating the just prosecution of sexual abuse by adding transparency to the complex and at times unhelpfully polarised field of child witness practice. By exploring the 'pragmatics of change' the study furthermore hopes to give an unsettling and productive impetus to theoretical debates within critical approaches to psychology.
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Fagence, Anna. "The use and potential problems of neuropsychological evidence in Australian tort litigation." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2014. https://ro.ecu.edu.au/theses/1009.
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Australian lawyers often request psychologists assess plaintiffs for brain injury tort litigation, but it is unknown why they do this and how they use the expert neuropsychological report. It is crucial to know this because international authors argue that the way lawyers use and manage the neuropsychological evidence they commission may introduce unconscious bias into psychologists’ expert opinions. Unconscious bias within such evidence jeopardises the procedural justice of Australian brain injury tort litigation. Therefore, the present study explored how Australian tort litigation lawyers use expert neuropsychological evidence and how plaintiff lawyers advise and prepare their clients for neuropsychological assessments. In Stage One, 10 Western Australian lawyers involved in neuropsychological tort litigation were interviewed and reported that expert neuropsychological evidence primarily assists them to describe a plaintiff’s injury, and to quantify the plaintiff’s level of impairment as caused by the injury. The lawyers also reported that they provide plaintiffs with information about brain injury symptoms and details about the neuropsychological assessment. Stage Two explored whether the Stage One themes were germane to lawyers from other states. Seventy-seven Australian lawyers completed an anonymous web-based survey constructed from the Stage One themes and limited international research literature. The results confirmed the themes applied to lawyers in all Australian legal jurisdictions. The findings suggest that the way Australian lawyers use expert neuropsychological evidence and prepare their clients for neuropsychological assessments may engender unconscious bias within the psychologist’s evidence in favour of the client. The implications of the study’s findings are discussed, emphasising that Australian psychologists must modify their practices to ensure their expert neuropsychological evidence is procedurally fair.
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Hanák, Jakub. "INSTITUCIONÁLNÍ OTÁZKY ZNALECTVÍ." Doctoral thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2013. http://www.nusl.cz/ntk/nusl-234302.
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The thesis analyzes an expert in social (institutional) relations that constitute the organizational and institutional background of Forensic Expertise as part of forensic engineering. The work explains the terminology and definitions used, with the greatest attention is paid to the analysis of the conditions for the exercise of expert activities from different perspectives (in particular legal and economic). Is discussed in detail in particular the status of expert institutes, and in all contexts: both in terms of expertise and its guarantee, as well as in terms of responsibility processors appraisal institute. Further describes the work of existing associations and experts estimated their future development. An important part of the work is a comparison of the conditions for the exercise of expert activities (advantages and disadvantages) in selected European countries: Slovak Republic, England and Austria. Based on the findings in the final section are designed and justified by changes in the conditions and rules for the performance of expert activities and other related aspects.
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Genis, Marina. "A content analysis of forensic psychological reports written for sentencing proceedings in criminal court cases in South Africa." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/23628.
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Since the 1970s there has been a rising trend in South Africa for legal professionals to use the services of psychologists in legal proceedings. Psychologists have therefore increasingly started to appear as expert witnesses in court cases. Despite this, the field of forensic psychology in South Africa has yet to be defined and delineated. Currently there are no set guidelines or regulations regarding who is qualified to do forensic work, and no standards against which this work can be measured. Psychology in the courtroom has begun to receive a notorious reputation as a result of this. The Professional Board for Psychology (PBP) of the Health Professions Council of South Africa (HPCSA) is investigating the creation of a new category of registration, that of Forensic Psychologist, partly in an effort to manage and address this problem. However, to date little, if any, research has been conducted on the scope of the work presented to the courts by psychologists appearing as expert witnesses. This research aimed to address this gap by analysing a sample of forensic psychological reports. The following aspects were investigated: - Who (category or registration, length of registration, etc.) is doing sentencing reports;
- How (interviews, collateral information, psychometric tests, etc.) these reports are compiled; and
- Whether these reports measure up to professional expectations as well as adhere to the guidelines of the HPCSA.
- That psychologists who are adequately trained and have the proven experience in forensic work, be accredited by the PBP;
- That guidelines and standards for forensic work be drawn up by the PBP; in addition, that more complete ethical guidelines than those contained in chapter 7 of the PBP’s Rules of Conduct Pertaining Specifically to Psychology also be drawn up;
- That adequate training at MA level in basic forensic issues be made compulsory, with the option of advanced training for those wishing to specialise in the field; and
- That lawyers be trained in basic concepts of psychology so as to allow for better selection of an appropriate psychologist to assist them and also to assure effective cross-examination regarding psychological issues in court.
Dissertation (MA)--University of Pretoria, 2010.
Psychology
unrestricted
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Phillips, Cathrina Gezina Johanna. "Evaluering van forensiese assesseringstegnieke tydens onderhoudsvoering van die seksueel misbruikte kind / Phillips, C.G.J." North-West University, 2011. http://hdl.handle.net/10394/7045.
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Forensiese assesseringstegnieke wat tydens ondersoeke na kinder seksuele misbruik benut word, het in n hoë mate mettertyd ontwikkel. Navorsing het n waardevolle bydrae gelewer tot effektiewe en geskikte assesseringstegnieke. Verdere navorsing is egter nodig om die bestaande tegnieke te ondersoek. Die persoon wat by forensiese assesserings betrokke is, kan baat vind by die leiding wat navorsing bied.
Op grond hiervan het die navorser ondersoek ingestel na die forensiese assesseringstegnieke wat tans in die praktyk deur forensiese maatskaplike werkers benut word. Gedurende die ondersoek is verskeie tegnieke wat tydens forensiese assesseringsonderhoude benut word, geïdentifiseer en bespreek. Die sistematiese aanrakingseksplorasie is vir die doel van hierdie studie deur die navorser uitgesonder. Hierdie tegniek is aan die hand van n gevallestudie bestudeer en bespreek.
Ondersoek is ook ingestel na die menings van maatskaplike werkers wat in die forensiese veld werksaam is, asook dié van justisie–amptenare, onder wie landdroste en staatsaanklaers, wat in die hof vir seksuele misdrywe werksaam is, ten opsigte van die benutting van die sistematiese aanrakingseksplorasie. Die justisie–amptenare was aanvanklik nie vertroud met die tegniek nie. Nadat literatuur vir bestudering aan hulle beskikbaar gestel is, is vasgestel dat hulle ontvanklik is vir en positief staan teenoor die benutting van die sistematiese aanrakingseksplorasie.
Die ondersoek het ten doel gehad:
* Om deur middel van n literatuurstudie die forensiese assesseringstegnieke wat tans in die praktyk benut word, te identifiseer en te bespreek; en
* Om die sistematiese aanrakingseksplorasietegniek aan die hand van n literatuurstudie en empiriese navorsing te evalueer.
Samevattend kan gestel word dat die tegnieke, soos in hierdie navorsing bespreek, deel behoort uit te maak van die protokol van die professionele persoon wat die seksueel misbruikte kind assesseer. Hierdie navorsing het bevind dat die sistematiese aanrakingseksplorasie n waardevolle forensiese assesseringstegniek is ten opsigte van die seksueel misbruikte kind.Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2011.
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Scanlan, Timothy Patrick. "Influences of CSI Effect, Daubert Ruling, and NAS Report on Forensic Science Practices." ScholarWorks, 2015. https://scholarworks.waldenu.edu/dissertations/1324.
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The media exaggerates the capabilities of crime laboratories while it publicizes the wrongdoings of individual forensic scientists. Such portrayals skew the perspectives of jurors and hinder expert witness testimony. Complicating the problem are separate, but related, phenomena that influence how forensic laboratories conduct casework. These phenomena are Cole and Dioso-Villa's conceptualization of the unrealistic expectations of forensic science created by fictional television, known as the CSI Effect; the Daubert ruling on the admissibility of expert testimony; and some federal policy changes as a result of a National Academy of Sciences (NAS) report that impacted requirements for the daily operation of crime laboratories. This study sought to better understand which among these phenomena had the greatest effect on policy development and implementation related to crime lab operations. Quantitative survey data were collected through an online survey from a nationwide sample (n = 124) of forensic practitioners belonging to the American Society of Crime Laboratory Directors. The data were analyzed using ANOVA to evaluate the influence of each factor (CSI Effect, Daubert ruling, and NAS report) on policy creation within crime laboratories. Results indicate that the CSI Effect has a statistically greater impact on policy creation than did either the Daubert ruling or the NAS report (p <.001). The implications for positive social change stemming from this study include recommendations to lawmakers and administrators to reevaluate performance objectives related to operations and increase awareness of the CSI Effect in order to promote scientifically sound results and increase the effectiveness of testimony at trial.
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Geneves, Victor. "Normativités et usages judiciaires des technologies : l’exemple controversé de la neuroimagerie en France et au Canada." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLN011.
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L’observation du système nerveux, de son métabolisme et de certaines de ses structures est possible grâce à la neuroimagerie. Une littérature importante issue du « neurodroit » véhicule des imaginaires et des fantasmes relatifs aux possibilités judiciaires qu’offriraient ces technologies.Qu’il s’agisse de détection du mensonge, d’identification cérébrale des individus dangereux ou encore de prédiction de comportements déviants, la neuroimagerie, en l’état actuel des technologies, ne peut pourtant être sérieusement conçue comme pouvant faire l’objet de telles applications.L’utilisation de la neuroimagerie dans le cadre d’expertises est néanmoins une réalité, dans les tribunaux canadiens comme dans la loi française.Cette thèse souligne que les conceptions des technologies dont témoignent les deux systèmes juridiques étudiés s’avèrent lacunaires, ce qui engendre des risques. Elle évoque les conditions du recours à une normativité extra-juridique, la normalisation technique, qui pourrait s’élaborer dans ce contexte controversé, et esquisse les traits d’un dialogue amélioré entre les normativités juridique et technologiqueNeuroimaging allows the observation of the nervous system, of both its metabolism and some of its structures. An important literature in “neurolaw” conveys illusions and fantaisies about the judicial possibilities that imaging technologies would contain.Whether it is about lies detection, cerebral identifications of dangerous individuals through their neurobiology or predictions of criminal behaviors, neuroimaging, in the current state of technologies, can not be seriously conceived as being able to offer such applications.Judicial uses of neuroimaging through expertise are a reality nonetheless, in Canadian courts as in French law.This thesis emphasizes that the conceptions of imaging technologies integrated in the two legal systems studied are incomplete, which creates an important amount of risks. It discusses the conditions for the use of an extra-legal normativity, the international technical standardization, which could be elaborated in this particular and controversial context, and outlines several features of an increased dialogue between legal and technological norms
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Spamers, Marozane. "A critical analysis of South African mental health law : a selection of human rights and criminal justice issues." Thesis, University of Pretoria, 2016. http://hdl.handle.net/2263/60097.
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This thesis is concerned with determining whether South African mental health law and its application in practice is in need of reform. In order to reach its objectives, the thesis measures mental health legislation and criminal law that affect the mentally ill individual or offender against international and local human rights standards, and generally accepted principles and scientific principles applicable in the mental health profession. Particular focus is placed on the admission of a mentally ill person as a voluntary, assisted or involuntary mental health care user, State Patient or mentally disordered prisoner in terms of the Mental Health Care Act 17 of 2002 (?MHCA?), as well a critical review of the MHCA forms used to translate the Act?s provisions into practice. The thesis critically discusses the regulation of mental health care practitioners in terms of the Health Professions Act 56 of 1974, including psychology and psychiatry and the expert witness, and the new Traditional Health Practitioners Act 22 of 2007 and its regulations. An outline of the role of the National Health Act 61 of 2003 in the administration of the health system is provided.The thesis analyses the manners in which mental health affects criminal liability, and Chapter 13 of the Criminal Procedure Act 51 of 1977. Finally a desktop study into the current state of mental health care provision and the implementation of legislation in practice is conducted, followed by conclusions and recommendations for reform to legislation, policy, and the MHCA forms where anomalies have been identified.Thesis (LLD)--University of Pretoria, 2016.
Public Law
LLD
Unrestricted
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Hlavinková, Vítězslava. "OPTIMALIZACE ANALYTICKÉ METODY VÝPOČTU OPOTŘEBENÍ STAVEBNÍCH OBJEKTŮ." Doctoral thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2014. http://www.nusl.cz/ntk/nusl-234316.
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The dissertation focuses on the problems associated with determining the amount of wear (finding the remaining technical values) that are being addressed. It deals with an overview of the different methods used. The basic premise of the thesis is a comprehensive overview of the calculation procedure and the methods used. This area of wear does not except the price regulation precisely defined procedure, nor are they addressed the circumstances in which that would be the method to be used. Various possible methods or inaccuracies may result in questioning the expert opinions as at trial. In conclusion of this dissertation is shown how the calculation procedure should wear for what purpose should be used and it is also proposed several alternatives.
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Ploeger, Matthew Brian. "Expert witnesses in federal civil litigation /." Digital version accessible at:, 1998. http://wwwlib.umi.com/cr/utexas/main.
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Younger, Crystal. "Characteristics of Effective Expert Witnesses in Rehabilitation Counseling." ScholarWorks@UNO, 2005. http://scholarworks.uno.edu/td/278.
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Vocational expert witnesses are retained to perform vocational assessments and provide vocational rehabilitation counseling services to disabled individuals. They are often required to testify as expert witnesses at trials on cases in which they have evaluated disabled individuals or provided rehabilitation counseling services to disabled clients. The purpose of this study was to identify characteristics of effective vocational expert witnesses. Certified Rehabilitation Counselors (CRCs) who were members of the International Association of Rehabilitation Professionals (IARP) were asked to complete the Rehabilitation Counselor Questionnaire and Survey and nominate effective vocational expert witnesses for this study. A total of 346 certified rehabilitation counselors participated. Ninety five of the 346 respondents were nominated by their peers as effective vocational expert witnesses. Results of this study determined that rehabilitation counselors who were nominated by their peers as effective expert witnesses were more effective than rehabilitation counselors who were not nominated as effective expert witnesses in a number of areas: Rehabilitation counselors who were nominated as effective expert witnesses have more self-confidence, enjoy debating more, enjoy conducting research more, enjoy administering tests more, utilize subjective sources more often in forming opinions, are more comfortable speaking generally or before a judge or jury, more often identify providing expert testimony as one of their favorite tasks, and get anxious less often before they testify. Rehabilitation counselors nominated as effective expert witnesses are significantly different from rehabilitation counselors who were not nominated by their peers as effective expert witnesses in that nominated counselors have a high number of court appearances annually, hold a state license as a counselor more often, and have been a rehabilitation counselor for a long time.
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Ong, Lee Za. "Wisconsin attorneys in selection of vocational expert witnesses." Online version, 1999. http://www.uwstout.edu/lib/thesis/1999/1999ong.pdf.
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Leo, Katherine M. "Blurred Lines: Musical Expertise in the History of American Copyright Litigation." The Ohio State University, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=osu1461148846.
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Allinson, Caroline Linda. "Legislative and security requirements of audit material for evidentiary purpose." Thesis, Queensland University of Technology, 2004. https://eprints.qut.edu.au/36813/1/Caroline_Allinson_Thesis.pdf.
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This research used the Queensland Police Service, Australia, as a major case study. Information on principles, techniques and processes used, and the reason for the recording, storing and release of audit information for evidentiary purposes is reported. It is shown that Law Enforcement Agencies have a two-fold interest in, and legal obligation pertaining to, audit trails. The first interest relates to the situation where audit trails are actually used by criminals in the commission of crime and the second to where audit trails are generated by the information systems used by the police themselves in support of the recording and investigation of crime.
Eleven court cases involving Queensland Police Service audit trails used in evidence in Queensland courts were selected for further analysis. It is shown that, of the cases studied, none of the evidence presented was rejected or seriously challenged from a technical perspective. These results were further analysed and related to normal requirements for trusted maintenance of audit trail information in sensitive environments with discussion on the ability and/or willingness of courts to fully challenge, assess or value audit evidence presented. Managerial and technical frameworks for firstly what is considered as an environment where a computer system may be considered to be operating “properly” and, secondly, what aspects of education, training, qualifications, expertise and the like may be considered as appropriate for persons responsible within that environment, are both proposed.
Analysis was undertaken to determine if audit and control of information in a high security environment, such as law enforcement, could be judged as having improved, or not, in the transition from manual to electronic processes. Information collection, control of processing and audit in manual processes used by the Queensland Police Service, Australia, in the period 1940 to 1980 was assessed against current electronic systems essentially introduced to policing in the decades of the 1980s and 1990s. Results show that electronic systems do provide for faster communications with centrally controlled and updated information readily available for use by large numbers of users who are connected across significant geographical locations. However, it is clearly evident that the price paid for this is a lack of ability and/or reluctance to provide improved audit and control processes.
To compare the information systems audit and control arrangements of the Queensland Police Service with other government departments or agencies, an Australia wide survey was conducted. Results of the survey were contrasted with the particular results of a survey, conducted by the Australian Commonwealth Privacy Commission four years previous, to this survey which showed that security in relation to the recording of activity against access to information held on Australian government computer systems has been poor and a cause for concern. However, within this four year period there is evidence to suggest that government organisations are increasingly more inclined to generate audit trails.
An attack on the overall security of audit trails in computer operating systems was initiated to further investigate findings reported in relation to the government systems survey. The survey showed that information systems audit trails in Microsoft Corporation's “Windows” operating system environments are relied on quite heavily. An audit of the security for audit trails generated, stored and managed in the Microsoft “Windows 2000” operating system environment was undertaken and compared and contrasted with similar such audit trail schemes in the “UNIX” and “Linux” operating systems. Strength of passwords and exploitation of any security problems in access control were targeted using software tools that are freely available in the public domain. Results showed that such security for the “Windows 2000” system is seriously flawed and the integrity of audit trails stored within these environments cannot be relied upon.
An attempt to produce a framework and set of guidelines for use by expert witnesses in the information technology (IT) profession is proposed. This is achieved by examining the current rules and guidelines related to the provision of expert evidence in a court environment, by analysing the rationale for the separation of distinct disciplines and corresponding bodies of knowledge used by the Medical Profession and Forensic Science and then by analysing the bodies of knowledge within the discipline of IT itself. It is demonstrated that the accepted processes and procedures relevant to expert witnessing in a court environment are transferable to the IT sector. However, unlike some discipline areas, this analysis has clearly identified two distinct aspects of the matter which appear particularly relevant to IT. These two areas are; expertise gained through the application of IT to information needs in a particular public or private enterprise; and expertise gained through accepted and verifiable education, training and experience in fundamental IT products and system.
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Hall-Lavoie, Debra Margaret. "The role of occupational therapy expert witnesses in Alberta." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq22601.pdf.
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Алєксєєва, Н. Ю., and N. Yu Alieksieieva. "Кримінальна відповідальність за злочини проти правосуддя, що вчиняються свідками, експертами, перекладачами або щодо них: дисертація." Thesis, Інститут держави і права ім. В.М. Корецького, 2017. http://dspace.lvduvs.edu.ua/handle/1234567890/3501.
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Алєксєєва Н. Ю. Кримінальна відповідальність за злочини проти правосуддя, що вчиняються свідками, експертами, перекладачами або щодо них: дисертація на здобуття наукового ступеня кандидата юридичних наук за спеціальністю 12.00.08 – кримінальне право та кримінологія; кримінально-виконавче право / Алєксєєва Наталія Юнівна. – Київ: Інститут держави і права ім. В.М. Корецького, 2017. - 223 с.Дисертація присвячена дослідженню особливостей кримінальної відповідальності за злочини проти правосуддя, що вчиняються свідками, експертами, перекладачами або щодо них. У роботі розглянуто загальні питання історії становлення відповідальності за ці злочини, відповідальності за них у зарубіжному кримінальному законодавстві, визначення поняття вказаної групи злочинів проти правосуддя у межах загального поняття правосуддя та об’єкта злочину у кримінальному праві. Проаналізовано актуальні проблеми визначення елементів зазначених злочинів шляхом встановлення спільного для всіх цих злочинів проти правосуддя безпосереднього об’єкта (обов’язкового та додаткового), визначення об’єктивної сторони, суб’єкта, який здебільшого є спеціальним, та суб’єктивної сторони. Доведено виправданість встановлення кваліфікуючих ознак за злочини проти правосуддя вказаного виду. Досліджено соціальну обумовленість криміналізації діянь, спрямованих на перешкоджання отримання формальної об’єктивної істини у справі, кримінально-правових санкцій за вказані злочини проти правосуддя та розмежування їх зі суміжними складами злочинів. Сформульовані пропозиції вдосконалення кримінального законодавства України.The dissertation is one of the first in the legal science of Ukraine to carry out a comprehensive study of crimes against justice committed by witnesses, experts, translators or with regard to them. The paper deals with the general questions of the history of establishing responsibility for these crimes, the responsibility for them in foreign criminal law, the definition of the concept of the group of crimes against justice through the prism of the general concept of justice and the object of crime in criminal law. The dissertation analyzes the actual problems of determining the elements of these crimes by establishing a common object for all these crimes against justice (mandatory and additional), determining the objective side, the subject, which in the vast majority is special, and the sub The real side. Proven justification for establishing qualifying attributes for crimes against justice of the specified type. The social conditionality of the criminalization of acts aimed at obstructing the obtaining of formal objective truth in the case, criminal sanctions for the said crimes against justice and their delineation with adjacent offenses are investigated. The proposals on perfection of the criminal legislation of Ukraine are formulated.
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Nikkel, Joel David. "Expert witnesses : why the Evangelical Fellowship of Canada selects legal mobilization." Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/28196.
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Two recent areas of controversy include the "legalization" and the "evangelical-ization" of Canadian politics. The paper connects these two areas of controversy by examining why Canada’s largest evangelical interest group, the Evangelical Fellowship of Canada (EFC), has emerged as a frequent intervener in Canada's courts. In order to answer this question, the paper combines an analysis of the interveners at the Supreme Court 1985-2009 with a descriptive analysis of the EFC’s selection of legal mobilization that relies upon elite interviews, EFC publications, and public documents. The paper then tests the dominant explanations for interest group legal engagement (articulated as four hypotheses) against the EFC's experience. The paper shows that the EFC's selection of judicial engagement is not determined by their legal resources, the opening of political opportunities, or normative commitments to judicial review; but rather, by an “awakening” to the increased salience of the courts as a policy arena. Because of the EFC's ambivalence regarding the normative place of the judiciary in Canadian political life, I term their attitude "judicial realism". As a result of this perception, the EFC adds legal engagement to their other lobbying strategies. In order to be where important decisions are made, the EFC mobilizes in the courts. Because of this attitude towards judicial power, the evidence suggests that the EFC will continue to select legal engagement regardless of any advantages they may accrue in other lobbying arenas.
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Černocký, Robert. "OCEŇOVÁNÍ STAVEB POŠKOZENÝCH, NEPOVOLENÝCH A NEOPRÁVNĚNÝCH." Doctoral thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2016. http://www.nusl.cz/ntk/nusl-234611.
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This PhD thesis analyzes the current, by experts in minimum benchmark solved condition of valuation of damaged, unlicensed and unauthorized buildings, it defines the problematic status of the individual administrative areas where the expert report is the decisive evidence and it recommends suitable method of valuation of these buildings, so as to minimize the risk of bringing faulty expert opinion. The paper not only explains the basic concepts identified in the relevant legislation, but also systematically analyzes the possible ways of determining the usual price of mentioned buildings. Derived ways of valuation methods are validated on examples and evaluated. On the basis of this verification there is a recommended procedure to determine the usual price of these types of buildings, ie. the expert standard.
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Bransgrove, Jennifer. "The influence of expert testimony on potential jurors' perceptions of young children's testimonial credibility /." [St. Lucia, Qld.], 2003. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe17042.pdf.
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Foot, Michael T. "Attorney and Judicial Perceptions of the Credibility of Expert Witnesses in Child Custody Cases." VCU Scholars Compass, 1995. http://scholarscompass.vcu.edu/etd/4568.
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Attorney and judicial attitudes towards expert witnesses in child custody cases were investigated by a cross-sectional research design. Subjects consisted of a sample of 381 of all attorneys and judges in the Commonwealth of Virginia who wished to be certified as guardians ad litem. Subjects were asked to fill out a six page questionnaire immediately prior to a daylong certification training session. The sample was primarily white (85.2%) and male (57.7%). Information was gathered on the subjects' demographic characteristics, experience with and attitudes toward expert witnesses in custody cases, opinions on traditional court and family structures, and knowledge of developmental and parenting psychology. Factor analyses and examination of the reliability of the instruments allows the development of more reliable and valid measures for model testing. Results generally confirmed Banks & Poythress' (1982) tripartite theory of credibility as being composed of perceived expertise, trustworthiness, and dynamism. Characteristics of attorneys and judges were also shown to be an important contributor to their perceptions of expert witnesses in child custody cases. Specifically, those courtroom professionals who had greater training, knowledge, and experience relevant to custody cases tended to view specific expert witnesses more positively. Those attorneys and judges with more traditional court attitudes rated expert witnesses in general as less helpful. However, these traditional attitudes did not cause them to devalue expert witness testimony in specific cases. This study is part of a larger program of study which will attempt to determine the extent to which the quality of expert witness testimony affects perceptions of their credibility, and how perceptions of expert witness credibility relate to judicial decisionmaking in child custody cases.
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Sedláček, Jan. "STANDARDIZACE ZNALECKÉHO POSTUPU PŘI ZJIŠTĚNÍ OBVYKLÉ CENY VĚCNÉHO BŘEMENE PŘI VÝSTAVBĚ POZEMNÍCH KOMUNIKACÍ." Doctoral thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2015. http://www.nusl.cz/ntk/nusl-234326.
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This PhD thesis analyzes the current situation in appraisals of technical infrastructure easements created by the Road and Motorway Directorate of the Czech Republic in the process of transport infrastructure development. The thesis explains the basic concepts, identifies the relevant legisla-tion and examines the appraising methods used for these easements as described in the literature. It then discusses and critically assesses, based on existing legislation and best practices, the indi-vidual appraising approaches used in expert opinions prepared for the Road and Motorway Di-rectorate of the Czech Republic. Drawing on this assessment, it makes recommendations for a standardized approach for establishing the fair market value of easements and demonstrates its application on a model example.
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Gabora, Natalie (Natalie Jane) Carleton University Dissertation Psychology. "The effects of complainant age and expert testimony in a simulated child sexual abuse trial." Ottawa, 1990.
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Singleton, Scott E. "Drawing inferences in the proof of native title: Historiographic and cultural challenges and recommendations for judicial guidance." Thesis, Queensland University of Technology, 2018. https://eprints.qut.edu.au/119688/1/Scott_Singleton_Thesis.pdf.
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This thesis develops "Inference Guidelines" for the proof of connection requirements in native title determinations, in the form of a "Bench Book." This is in accordance with recommendations in the Australian Law Reform Commission's 30 April 2015 report "Connection to Country: Review of the Native Title Act 1993 (Cth)." This thesis finds that the existing case law provides a strong foundation for clear and consistent principles for inferential reasoning in native title cases, which can be supplemented by considerations drawn from historiographic and epistemological debates, cultural and linguistic challenges, and inferential theory, to form comprehensive, consistent and transparent Inference Guidelines.
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Chen, Yan-Jhong, and 陳彥仲. "Medical appraisal and expert witness." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/922j9x.
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碩士東吳大學
法律學系
105
The highly professional character of medicine and inequality of information make it hard to deal with medical dispute.The courts often have to rely on the views of medical experts to determine the facts while dealing with medical dispute. Consequently the impartiality of medical identification becomes the focus of public criticism. Both the plaintiff and defendant question the assessment reports when they find the result is not beneficial to them. It is not rare conditions that different courts have different opinions on the same appraisal opinion or even overthrow the expert opinion of the previous trial. These disorders not only destroy the people's confidence for justice but also delay the course of proceedings and waste judicial resources. The system of medical identification performed in Taiwan is criticized harshly by both medical community and legal profession due to its deviation from the procedural justice leading to deprivation ofjudicial power and the right of litigation that guaranteed by the constitution. The article reviews the current appraisal system and practical operation in Taiwan and points out the way to improve the operation. For the purpose, the concepts of admissibility of evidence and expert witness in common law system are introduced to compare with appraisal system performed in Taiwan. Meanwhile, the study compares the modified medical appraisal system in Japan and China in recent years and introduce the concept of inter-disciplinary integration to discuss the possibility of obtaining common points in different fields of law and medicine for reaching a consensus judgment standard. Hopefully the suggestions raised from this study can be used as a reference for the future amendment.
46
Lee, Chen-Yi, and 李貞儀. "EXPERT WITNESS OF CRIMINAL PROCEDURE." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/46507543028895404988.
Full text
47
Jiang, Yunwei. "Reconsidering the medical expert witness system." 2006. http://purl.galileo.usg.edu/uga%5Fetd/jiang%5Fyunwei%5F200608%5Fllm.
Full text
48
Shin-Yao, Liu, and 劉新耀. "The Position of Expert Witness in Criminal Procedure." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/37055848748659819925.
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49
Scharf, George Michael. "The medico-legal pitfalls of the medical expert witness." Diss., 2014. http://hdl.handle.net/10500/14225.
Full textAbstract:
The fastest growing field of law is undoubtedly that of Medical Law with the civil
and disciplinary cases flowing from it. Globalization, international communication,
development and evolution of Law as well as Medicine, cause this worldwide
rising medical litigation.
Humanitarian rights, post-modern scepticism and even iconoclastic attitudes
contribute to this phenomenon. Medico-legal litigation and disciplinary complaints
rise (in South Africa) up to 10 per cent per year.
To assist the courts and legal profession, in medico-legal issues, helping the
parties where the plaintiff has the burden of proof and the defendant for rebuttal, a
medical expert witness must be used.
The dilemmas and pitfalls arise, in that although knowledgeable medical experts
could be used to guide the courts to the correct decision, the lack of a legal mind
setting, court procedure and legal knowledge could affect the relevance, credibility
and reliability, making the medical evidence of poor quality.
The legal profession, deliberately, could “abuse” medical expert witnesses with
demanding and coercion of results, which have unrealistic and unreasonable
expectations. “Case building” occurs, especially in the adversarial systems of law,
making the medical expert vulnerable under cross-examination, when it is shown
that the witness has turned into a “hired gun” or is unfair. Thus, lacunae develop,
making reasonable cases difficult and a quagmire of facts have to be evaluated for
unreasonableness, credibility and appropriateness, compounded by the fact that
seldom, cases are comparable.
The danger is that the presiding officer could be misled and with limited medical
knowledge and misplaced values, could reach the wrong findings. Several cases
arguably show that this has led to wrongful outcomes and even unacceptable
jurisprudence.
The desire to “win” a case, can make a medical witness lose credibility and
reasonableness with loss of objectivity, realism and relevance. With personality
traits and subjectivity, the case becomes argumentative, obstinate and could even
lead to lies. The miasmatic, hostile witness emerges, leading to embarrassing,
unnecessary prolongation of court procedures.
The medical expert witness should be well guided by the legal profession and well
informed of the issues. Medical witnesses should have legal training and insight
into the legal and court procedures. At the time of discovery of documents, via
arbitration or mediation, medical experts should strive to reach consensus and
then present their unified finding, helping the parties fairly and expediting the legal
procedure and processes.Private Law
LLM
50
LIN, Ruey-Fa, and 林瑞發. "The Application of Expert Witness in Child Protection Proceedings." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/42048677681090712254.
Full textAbstract:
碩士世新大學
法律學研究所(含碩專班)
93
Expert witness and testimony has been widely utilized in complicated cases with scientific evidence. Those professionals regarded as experts in courtroom are increasing in different fields. The professionals worked in child protection services as team members are quite frequently qualified as experts standing for evaluation of the abused child’s healthiness and development. To what extent could these professionals be competent to function as a useful mediator for fact-finding? This gate-keeping role is not subject to judge’s admissibility but expert’s competency to make evidence reliable, valid, credible, and relevant. Frye, Daubert and further tests for admissibility shall be applied to make experts qualified and competent. General Acceptance Rule derived from Frye has ever been used for qualifying professionals to testify for years. Not any consequent amendment was ever made for this admissibility requirement until the Daubert test becomes dominantly by the end of Millennium. Abused children are divided into three different levels: suspected, probable and devastated. How could these abused be accurately, credibly and reliably examined and evaluated? A further relevancy to evidence-based facts are thus needed. Rules for evidence are crucial for child protection services in different proceedings. The Doctrines of Reasonable Doubt and Burden of Proof sound appropriate in criminal proceeding, while the Profference rule weighed by clear and convincing evidence provides a burden of persuasion for those abused and their family. Some comparisons are made for clarifying the best interest of the child under different types of protection. Consequent rules in the Administration Law are also integrated as comprehensive tests on the necessity, proportion and appropriateness of the services provided for the tragically abused minors. Empirical examples drawn from reliability (including credibility and relevancy as well) test standards, cases on repressed memory syndromes, testimony by abused child, problems generated from experts as jurors, the sexually abused or exploited and the battered women syndromes are thus discussed as topics for experts worked for legal services at different perspectives. For experts recognized as roles in acting participant-judge, consultant or amicus curiae, evaluator, expert witness, alternative disputation resolution solver, and ombudsman are also proposed without further exploration. The interdisciplinary practitioners in child protection services are suggested to formulate as a whole based on a legal framework.