Relevant bibliographies by topics / Witness competency

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Witness competency'

Author: Grafiati
Published: 4 June 2021
Last updated: 17 February 2022

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Journal articles on the topic "Witness competency"

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NURCOMBE, BARRY. "The Child as Witness: Competency and Credibility." Journal of the American Academy of Child Psychiatry 25, no. 4 (July 1986): 473–80. http://dx.doi.org/10.1016/s0002-7138(10)60004-0.

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Ronald P. Formisano and Stephen Pickering. "The Christian Nation Debate and Witness Competency." Journal of the Early Republic 29, no. 2 (2009): 219–48. http://dx.doi.org/10.1353/jer.0.0084.

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Hiss, Jehuda, Maya Freund, and Tzipi Kahana. "The forensic expert witness—An issue of competency." Forensic Science International 168, no. 2-3 (May 2007): 89–94. http://dx.doi.org/10.1016/j.forsciint.2006.06.004.

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Bekink, Mildred. "The Testimonial Competence of Children: A Need for Law Reform in South Africa." Potchefstroom Electronic Law Journal 21 (April 11, 2018): 1–32. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a3407.

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Modern-day research studies conducted on the victimisation of children in South Africa show that South African children in particular experience and witness exceptionally high levels of crime and consequently represent a significant portion of the victims and witnesses that have to appear in court to testify about these crimes. In South Africa, as in many other countries, a child is, however, permitted to testify in a criminal court only once the presiding officer is satisfied that the child is competent to be a witness. The competency test, though, presents a critical initial challenge for child witnesses, as it focuses on their ability to answer questions about the concepts of truth and lies. These inquiries can be intimidating and confusing, especially to younger children, and may result in children who would otherwise have been capable of giving evidence being prevented from giving their testimony. Various legal and psychological fraternities have accordingly called for the abolition or amendment of the truth-lie competency requirement. Recent psychological research about the potential of a child to lie has once again raised fundamental questions about the competency inquiry, suggesting that an assessment of children's understanding of truth and lies has no bearing on whether the child will in fact provide truthful evidence in court. These empirical findings precipitated the amendment of competency rules by various countries such as the United Kingdom and Canada. The findings likewise raise serious questions and or doubt about the suitability of the South African competency requirements. The purpose of this paper is to review the current South African position with a view to proposing suggestions for meaningful legal reform.
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McIlwain, Amber S., Danielle Backus, Kristine Marcus, and Jeff Fortner. "GAINING INTERPROFESSIONAL COMPETENCE THROUGH A GERIATRICS CASE CONFERENCE." Innovation in Aging 3, Supplement_1 (November 2019): S151. http://dx.doi.org/10.1093/geroni/igz038.543.

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Abstract There is increased demand to provide health professions students with interprofessional education and practice experience. Interprofessional Case Conferences (ICC) allow students to work in teams to learn about different professions while exploring a topic through the lens of an interprofessional core competency. The goal of this particular ICC was to provide students an experience to witness and discuss team-based, person-centered care for a common geriatric disorder. The case was designed to develop the interprofessional competency of teams and teamwork. Students were divided into teams and observed live vignettes of a care conference involving an 80-year old female admitted to a rehabilitation facility following a hip fracture and replacement. Students witnessed how patients, families, and healthcare providers work together during a stressful time. After each vignette, students discussed questions related to miscommunications, motivations of the different actors involved, and how the healthcare team should respond. In the first offering, 93 students participated, increasing to 150 in the next year. Students completed a post-survey to determine if the session delivered a positive interprofessional experience. The average positive response rate was 92.5% (92-94%, n = 53) in year-1 and 93.5% (90-97%, n = 71) in year-2. By allowing students to witness a simulated live care conference, they had a tangible event to dissect instead of discussing hypotheticals. By discussing a geriatrics case in a rehabilitation setting, students witnessed how numerous healthcare professions coordinate care for a patient and her family, thereby demonstrating competence in teamwork.
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Munro, Fiona M., and Michael T. Carlin. "Witness competency-Truthfulness and reliability assessment: The role of the psychologist." Legal and Criminological Psychology 7, no. 1 (February 2002): 15–23. http://dx.doi.org/10.1348/135532502168351.

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Spaulding, Willis J. "Testamentary competency: Reconciling doctrine with the role of the expert witness." Law and Human Behavior 9, no. 2 (1985): 113–39. http://dx.doi.org/10.1007/bf01067047.

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Perlman, Nitza B., Kristine I. Ericson, Victoria M. Esses, and Barry J. Isaacs. "The developmentally handicapped witness: Competency as a function of question format." Law and Human Behavior 18, no. 2 (1994): 171–87. http://dx.doi.org/10.1007/bf01499014.

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Kurzon, Dennis. "Telling the truth the oath as a test of witness competency." International Journal for the Semiotics of Law 2, no. 1 (February 1989): 49–63. http://dx.doi.org/10.1007/bf01106121.

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Gumber, Rohit, John Devapriam, David Sallah, and Sayeed Khan. "Psychiatrists acting as expert witnesses – are they confident?" Journal of Forensic Practice 16, no. 4 (November 4, 2014): 304–11. http://dx.doi.org/10.1108/jfp-02-2013-0014.

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Purpose – The purpose of this paper is to ascertain the current competencies and training needs for being an expert witness of trainees (CT3, ST4-6) and career grade psychiatrists (consultants and staff grade, associate specialist and specialty doctors) in a UK health and well-being Trust. Design/methodology/approach – This was completed through an online survey, developed by the authors, of all career grade and trainee psychiatrists within the Trust. Findings – Only 9 per cent of respondents reported that they felt they had adequate training to feel competent as an expert witness. Despite low levels of training and confidence, 73 per cent of respondents had written an expert report. As well as shortage of training opportunities for psychiatrics acting as expert witnesses, the findings indicated increasing fear of litigation and lack of direct experience of court proceedings during training. Practical implications – Doctors need to be offered formal training opportunities including simulated training, ideally organised within Trust, Continuing Professional Development (CPD) committees or Education committees. Implementation of the RCPsych report guidance into speciality curricula and CPD opportunities for doctors would ensure a robust curriculum-based delivery of these essential skills. Originality/value – A wealth of guidance is available for expert witnesses, but no previous study had identified the specific training issues and overall confidence in competency to act as an expert witness amongst psychiatrists. It will be valuable to all psychiatrists involved in court work and organisations involved in training psychiatrists, especially in light of recent relevant court cases and removal of expert witness immunity.
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Dissertations / Theses on the topic "Witness competency"

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White, Robyn May. "Testifying in court as a victim of crime : vocabulary required by illiterate individuals with little or no functional speech." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46222.

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People with disabilities are at high risk of becoming victims of crimes. Those individuals with little or no functional speech (LNFS) are even more at risk of being victims of crime. One way of reducing the risk of being a victim of crime is facing the alleged perpetrator in court as a witness; therefore it is important for people with LNFS who have been victims of crimes to have the relevant vocabulary needed to testify in court. The aim of this study was to identify and describe the legal core vocabulary required by illiterate victims of crime, who have little or no functional speech, to testify in court as witness/witnesses. A mixed method, exploratory sequential design consisting of two different phases was used to address the aim of the research. The first phase was qualitative and included two different data sources, namely in-depth semi-structured interviews (n=3) and focus groups (n=22). The overall aim of this phase was to develop a measurement instrument. Results from Phase 1 were used in Phase 2, the quantitative phase, in which the measurement instrument (a custom designed questionnaire) was socially validated by 31 participants. The results produced six distinct categories which represented the core legal vocabulary and 99 words that represented the fringe legal vocabulary. The findings suggested that each communication board should be individualized to the individual and the specific crime. Recommendations were made to develop an AAC Resource Tool Kit to assist professionals involved with a person with LNFS who had been a victim of crime.
Dissertation (MA)--University of Pretoria, 2014.
tm2015
Centre for Augmentative and Alternative Communication (CAAC)
MA
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Tolksdorf, Franziska. "The competence of the International Criminal Court with regard to witnesses." University of the Western Cape, 2014. http://hdl.handle.net/11394/4441.

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Magister Legum - LLM
This research paper examines whether the International Criminal Court has the competence to compel the appearance of witnesses before it, and if the States Parties to the Rome Statute have an obligation to serve and enforce a witness summons issued by the Court. In December 2013 the Office of the Prosecutor requested the International Criminal Court to summon witnesses and ascribed to the Court the power to order some States Parties to enforce witness summonses. The defence counsel in the particular case and the Kenyan government, the requested State Party, opposed the request. In April 2014 Trial Chamber V (A) of the International Criminal Court delivered a decision on that matter in which it found that it had indeed the power to compel witnesses and to order Kenya to enforce the summonses. The decision was confirmed on appeal in October 2014. This paper analyses the issue with reference to the decision of the Trial Chamber, the judgement of the Appeals Chamber, and the assertions by the parties in the present case. It also introduces other approaches on how to deal with this issue. The paper essentially analyses the text of the Rome Statute, the history of its drafting, and compares the enabling laws and jurisdictional competence of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone with regard to the theme under discussion. The paper furthermore analyses how the domestic laws of some states deal with the matter. Finally it examines the measures that the ICC can implement to enforce its orders.
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Stevenson, Kim. "Competency and credibility : the evidence of children in cases of child sexual abuse." Thesis, Nottingham Trent University, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.283033.

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Oliver, Judith. "Children as witnesses : age as a factor in determining children's competence in criminal courts following disclosures of sexual abuse /." [St Lucia, Qld.], 2000. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe16126.pdf.

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Pearson, Edward. "Equipping University of Arizona Baptist Collegiate Ministry students to develop a high commitment and high competence in the discipline of evangelism." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p054-0265.

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Van, Niekerk Hester Aletta. "Determining the competency of children with developmental delays to testify in criminal trials." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017878.

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In South Africa children are required to testify under oath or admonition. The shortcomings of the competency test are of particular relevance to children with developmental disabilities, since courts are not equipped to adequately assess the competency of these children to give evidence. One component of testimonial competency, namely the understanding of the concepts truth and lies, is overemphasised and is examined with questions that are developmentally inappropriate for child witnesses in general. For children with cognitive disabilities, such questions create barriers for participation in the truth-seeking process. Consequently, convictions have been set aside on appeal owing to procedural irregularities found in the implementation of this test. In the literature review on testimonial competency, attention was given to restrictions that specific developmental disabilities impose on the perceptual, cognitive, communication and moral development of children. Two of four components – narrative ability and moral capacity – were studied in a sample of 184 children in middle childhood. Participants’ ability to give coherent and detailed accounts of events, their understanding of the concepts truth, lies, promises and the oath, and the Lyon and Saywitz oath-taking competency test, were investigated. Quantitative and qualitative methods were used for data analysis. Three groups were identified: those children with very limited, average or full testimonial competency. Their capacities were found to be related to maturation of cognitive functions and level of intellectual functioning. Participants were better able to demonstrate their understanding of truth and falsity by responding to the oathtaking test than giving verbal descriptions of these concepts. Whereas 1 percent of participants had a conceptual understanding of an oath, 15 percent understood the concept of a promise. Syncretism and confabulation compromised the narrative accounts of a substantial number of participants. Syncretism relates to immature narrative ability: correct details are combined in an illogical fashion. Confabulation refers to filling memory gaps with fabricated information. Guidelines on the competency determination of children with developmental disabilities were compiled. It is suggested that the competency examination be replaced by a formal, pre-trial competency assessment. The court should also receive expert evidence on how to facilitate meaningful participation when a child with sufficient testimonial competence is the witness.
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Gee, Shaleane. "Questions of competence : testimony in postwar American literary and political culture /." 2002. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:3060216.

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Birkett, Margaret. "The competency of children as eye witnesses : the effect question order has on the accuracy of recall." Thesis, 1996. http://hdl.handle.net/10413/5978.

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The child's role as an eye witness has received a great deal of attention over the last decade. The current debate regarding the competence and credibility of child witnesses is being addressed by both the Legal and Psychological fields. This research focuses on establishing if a relationship exists between the order of the questions and the accuracy of recall. Children aged six and seven were questioned using a variety of protocols about an incident which they had witnessed. The research question is discussed within the broad theoretical area of children as eye witnesses. Highlighted is the burgeoning research in the area, which evidences conceptual confusion and conflicting results. The processes involved in memory, encoding and retrieval are discussed in relation to the broader area. Factors affecting reliability such as suggestibility and vulnerability of the child as a witness are discussed: Methods of interviewing children are investigated within a developmental framework. Suggestions are made as to how the reliability of children's testimony may be enhanced by the interviewing process. The results of this study indicated that the order in which questions were asked did not have a significant effect on the accuracy of recall of this sample of children aged six and seven. The limitations of this study were noted and a descriptive account of the children's responses was discussed. This discussion concludes that a need for further research still exists in this area. In addition particular emphasis should be directed towards how children, within the broader context of the interviewing process, respond so that future research may produce more rich and reliable information about child witnesses.
Thesis (M.Ed.) - University of Natal, Pietermaritzburg, 1996.
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Bukau, Susan Charlotte. "Kinders as slagoffers van seksuele misdade." Thesis, 2003. http://hdl.handle.net/10500/1478.

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Text in Afrikaans
In this dissertation the legal position with regard to children as victims of sexual crimes is examined in South Africa, England, Canada, Australia and New Zealand. Sexual crimes with children are a serious and widespread international problem. The purpose of this study is to identify deficiencies / gaps in the South African law. Children are not only the victims of the sexual crimes, but they are exposed to further trauma whilst giving evidence. Their best interests are also often not taken into proper consideration during the sentencing phase. In is in the interest of justice that children=s interests must be taken into account the whole time. In terms of international conventions and charters State parties are required to protect children against all forms of discrimination, violence, abuse and exploitation. Children may not be exposed to any sexual crimes, because these activities violate their right to bodily (and psychological) integrity, human dignity and privacy. In order to acknowledge the importance of children=s best interest, priority must be given to all cases in which children are the victims and their unique characteristics, age and development must be taken into consideration. This will ensure that they are not further victimized during the trial. Deficiencies in the Criminal Law are addressed by proposing new definitions, for instance for rape and incest. Shortcomings in the Procedural Law are identified and recommendations are made especially with regard to the alternative measures by which children can testify. Guidelines are also suggested for admissible cross-examination. New sentencing options are recommended and possible aggravating circumstances which ought to play a role during the consideration of a suitable and just sentence for sexual crimes with children are suggested.
Criminal & Procedural Law
LL.D.
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Books on the topic "Witness competency"

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Commission, Ireland Law Reform. Report on competence and compellability of spouses as witnesses. Dublin: The Commission, 1985.

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Commission, Ireland Law Reform. Report on competence and compellability of spouses as witnesses. Dublin: The Law Reform Commission, 1987.

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Kong, Law Reform Commission of Hong. Report on competence and compellability of spouses in criminal proceedings (topic 18). [Hong Kong]: The Commission, 1988.

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Ravven, Simha, and Howard Zonana. The Geriatric Witness. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199374656.003.0026.

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Witness testimony of the elderly is a topic of growing importance in U.S. courts. Because the number and proportion of older persons in the United States is growing, it is likely that more elderly people will be called on to provide witness testimony. This chapter examines the types of challenges specific to the geriatric witness in the courtroom. It reviews the elements of competency to serve as a witness in federal and state courts; challenges facing elderly witnesses, including neurocognitive disorders and sensory impairments; and the literature on perceptions of credibility and the geriatric witness and the ability of individuals with dementia to testify meaningfully. Case law pertaining to protection of elderly witnesses, specifically Crawford v. Washington and United States v. Campbell, are discussed as they relate to the geriatric witness. The 2011 New Jersey Supreme Court decision of State v. Henderson is examined as well. This decision addresses the science of memory as it relates to eyewitness testimony. Henderson led to revisions of admission of eyewitness identification evidence and juror instructions. The elderly expert witness is also discussed.
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Keane, Adrian, and Paul McKeown. 5. Witnesses. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811855.003.0005.

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This chapter discusses the following: (i) the competence and compellability of witnesses (including the special rules that apply in the case of the accused, the spouse or civil partner of an accused, persons with a disorder or disability of the mind, the Sovereign, diplomats, and bankers); (ii) oaths and affirmations; (iii) the use of live links; (iv) the time at which evidence should be adduced; (v) witnesses in civil cases (including the witnesses to be called and the use of witness statements); (vi) witnesses in criminal cases (including the witnesses to be called, the order of witnesses, evidence-in-chief by video-recording and special measures directions for vulnerable and intimidated witnesses); (vii) witness anonymity; and (viii) witness training and familiarization.
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Hannibal, Martin, and Lisa Mountford. 16. Witness Evidence. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787679.003.0016.

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This chapter explains the law, procedure, and the practical issues associated with witness evidence. It considers the circumstances in which a witness can refresh his memory from an earlier written statement; the test to decide a witness’ competence to give evidence; the compellability of a witness; the assistance available to ‘vulnerable’ or ‘intimidated’ witnesses to give evidence under a special measures direction; a witness taking the oath or affirming; the rules associated with examination-in-chief; and the rules associated with cross-examination and re-examination.
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Hannibal, Martin, and Lisa Mountford. 16. Witness Evidence. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198765905.003.0016.

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This chapter explains the law, procedure, and the practical issues associated with witness evidence. It considers the circumstances in which a witness can refresh his memory from an earlier written statement; the test to decide a witness’ competence to give evidence; the compellability of a witness; the assistance available to ‘vulnerable’ or ‘intimidated’ witnesses to give evidence under a special measures direction; a witness taking the oath or affirming; the rules associated with examination-in-chief; and the rules associated with cross-examination and re-examination.
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Hannibal, Martin, and Lisa Mountford. 16. Witness Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823216.003.0016.

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This chapter explains the law, procedure, and the practical issues associated with witness evidence. It considers the circumstances in which a witness can refresh his memory from an earlier written statement; the test to decide a witness’ competence to give evidence; the compellability of a witness; the assistance available to ‘vulnerable’ or ‘intimidated’ witnesses to give evidence under a special measures direction; a witness taking the oath or affirming; the rules associated with examination-in-chief; and the rules associated with cross-examination including admission of non-defendant bad character and re-examination.
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Spencer, Maureen, and John Spencer. 3. Witnesses: competence and compellability; special measures for vulnerable witnesses. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198715795.003.0003.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter covers witnesses, who are a principal source of evidence, and the rules relating to their attendance. All witnesses with relevant information are assumed to be competent to give evidence and usually compellable to give evidence, as the court may summon them to attend. Interests of the witness are secondary to the need of the court to have all necessary information. Some witnesses who are competent may claim a privilege not to give evidence, including defendants on their own behalf. Other exceptions comprise spouses or civil partners testifying for the prosecution. This is based on the concept that compulsion may lead to marital discord. The chapter also includes a review of Special Measures Directions for vulnerable witnesses.
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Granacher, Robert P. Neuropsychiatric Aspects Involving the Elderly and the Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199374656.003.0002.

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Neuropsychiatry has generally been concerned with the diagnosis and management of syndromes with productive symptoms (positive symptoms) such as hallucinations, mood changes, and delusions. This chapter focuses on the brain-based forensic issues before the law concerning the neuropsychiatry of the older patient. These include the forensic infinitives of legal cognitive capacity to be competent to be tried, enter a plea, be a witness, consent generally, enter a contract, make a will, resist undue influence, refuse treatment, give informed consent, have general competence, have specific competence, be fit for duty, be criminally responsible, be civilly committable, and resist elder abuse. Fundamentally, the forensic neuropsychiatric question is: does a brain disorder remove the individual capacity to understand, decide or act in a specific circumstance before the law? Thus, a well-planned forensic assessment of a geriatric person usually requires a neuromedical psychiatric examination model. This may include examinations, laboratory testing, structural neuroimaging, cognitive screening, and neuropsychological testing. It also may involve lumbar puncture functional neuroimaging and other neurodiagnostic testing.
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Book chapters on the topic "Witness competency"

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Ingram, Jefferson L. "Competency of Evidence and Witnesses." In Criminal Evidence, 259–301. Thirteenth edition. | New York, NY : Routledge, 2018.: Routledge, 2017. http://dx.doi.org/10.4324/9781315267432-12.

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Ingram, Jefferson L. "Competency of Evidence and Witnesses." In Criminal Evidence, 217–57. 14th ed. Fourteenth Edition. | New York : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003092360-9.

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Blewer, Robyn. "“If the Law Doesn’t Get You, the Lord Will”: Competency and Capacity." In Child Witnesses in Twentieth Century Australian Courtrooms, 63–105. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69791-4_4.

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Cooper, Penny. "Vulnerable and intimidated witnesses: Special measures, competence, consent and cross-examination." In Critical Issues in Social Work Law, 119–34. London: Macmillan Education UK, 2016. http://dx.doi.org/10.1057/978-1-137-54151-2_9.

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Lyon, Thomas D. "Assessing the Competency of Child Witnesses: Best Practice Informed by Psychology and Law." In Children's Testimony, 69–85. Chichester, UK: John Wiley & Sons, Ltd, 2011. http://dx.doi.org/10.1002/9781119998495.ch4.

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Jol, Guusje, Wyke Stommel, and Wilbert Spooren. "Misleading the Alleged Offender: Child Witnesses’ Displays of Competence in Police Interviews." In Children and Mental Health Talk, 105–36. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-28426-8_5.

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Glover, Richard. "6. Witnesses." In Murphy on Evidence. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198788737.003.0006.

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This chapter is divided into two parts. The first part discusses the law on witness competence and compatibility. The general rule of law in England and Wales is that all witnesses, including children, are competent (able to give evidence) and witnesses are also compellable (liable to be required to give evidence subject to sanction for contempt). Particular rules apply to children and persons under disability, the accused in a criminal case, and spouses and civil partners. The second part deals with oaths and affirmations, covering the requirement of sworn evidence; the effect of oaths and affirmations; and exceptions to the requirement of sworn evidence.
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Keane, Adrian, and Paul McKeown. "5. Witnesses." In The Modern Law of Evidence, 126–78. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198848486.003.0005.

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This chapter discusses the following: (i) the competence and compellability of witnesses (including the special rules that apply in the case of the accused, the spouse or civil partner of an accused, persons with a disorder or disability of the mind, the Sovereign, diplomats, and bankers); (ii) oaths and affirmations; (iii) the use of live links; (iv) the time at which evidence should be adduced; (v) witnesses in civil cases (including the witnesses to be called and the use of witness statements); (vi) witnesses in criminal cases (including the witnesses to be called, the order of witnesses, evidence-in-chief by video recording and special measures directions for vulnerable and intimidated witnesses); (vii) witness anonymity; and (viii) witness training and familiarization.
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Munday, Roderick. "3. Witnesses: competence, compellability, and various privileges." In Evidence. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198788720.003.0004.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the competence of witnesses in civil and criminal cases; the compellability of witnesses; sworn and unsworn evidence; privileges enjoyed by certain classes of witness; and public interest immunity.
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Hannibal, Martin, and Lisa Mountford. "16. Witness Evidence." In Criminal Litigation 2020-2021, 304–26. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858423.003.0016.

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This chapter explains the law, procedure, and the practical issues associated with witness evidence. It considers the circumstances in which a witness can refresh his memory from an earlier written statement; the test to decide a witness’ competence to give evidence; the compellability of a witness; the assistance available to ‘vulnerable’ or ‘intimidated’ witnesses to give evidence under a special measures direction; a witness taking the oath or affirming; the rules associated with examination-in-chief; and the rules associated with cross-examination including admission of non-defendant bad character and re-examination.
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Conference papers on the topic "Witness competency"

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Harris, James R., Timothy Struttmann, and Timothy R. Merinar. "Investigation and Implications of a Compactor Fatality." In ASME 2005 International Mechanical Engineering Congress and Exposition. ASMEDC, 2005. http://dx.doi.org/10.1115/imece2005-80005.

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A construction worker died August 18, 2003, when the compactor she was operating rolled over. A seatbelt and rollover protective structure (ROPS) were used by the operator. NIOSH investigators visited the scene of the incident and interviewed the employer, witnesses, and compactor manufacturer as part of NIOSH’s Fatality Assessment and Control Evaluation program to gather additional incident detail and to collect relevant equipment dimensions. Analysis of the equipment dimensions and victim anthropometry indicate that it is unlikely that the victim’s head struck the ground during rollover if the victim remained seated. Information on ROPS penetration into the ground during overturn was not available and was not considered in this analysis. This incident highlights the need to have a formal established safety and training program where operators must be familiar with the owner’s manual for equipment they operate and demonstrate competence in operating the equipment. Additionally, protective equipment, such as a seatbelt, must be securely fastened to be effective.
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2

Galego, Diego, Waldo Soto, Gabriela Carrasco, Marlene Amorim, and Marta Ferreira Dias. "Embedding Social Innovation in Latin America Academic Curriculum." In Fourth International Conference on Higher Education Advances. Valencia: Universitat Politècnica València, 2018. http://dx.doi.org/10.4995/head18.2018.8184.

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Recently we have witnessed the growth of social innovation initiative as a viable approach to address many challenges of contemporary societies across the social, cultural, economic, educational and environmental domains. Social innovation stes up to develop alternative, and sustainable solutions to social issues by means of organizational models that rely on strong civic engagement and participation across private and public sectors. As such, social innovation holds a strong potential for the transformation of societies and has attracted a growing interest from researchers, practitioners and policy makers around the world. A key domain of concern is the need for developing adequate models and methodologies for the qualification of indivduals for social innovation. In this vein the Students4Change project aims to develop and implement an integrative methodology to embed social innovation and entrepreneurship in the academic experience of students in Latin America. This paper offers a preliminary description of the advancements led by 10 universities in 5 Latin America countries engaged in the project, in order to develop competences for social innovation and social entrepreneurship through innovations in academic curricula.
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Müller, Lars, R. Scheidemann, T. Schönfelder, S. Komann, and F. Wille. "Drop Tests Assessment of Internal Shock Absorbers for Packages Loaded With Encapsulations for Damaged Spent Nuclear Fuel." In ASME 2020 Pressure Vessels & Piping Conference. American Society of Mechanical Engineers, 2020. http://dx.doi.org/10.1115/pvp2020-21850.

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Abstract Damaged spent nuclear fuel (DSNF) can be loaded in German dual-purpose casks (DPC) for transport and interim storage. Encapsulations are needed to guarantee a safe handling and a tight closure, separated from the package enclosure. These encapsulations shall be durable and leak-tight for a long storage period, because they are usually not accessible within periodical inspections of the DPC. Due to the general design of DPCs for standard fuel assemblies, specific requirements have to be considered for the design of encapsulations for DSNF to ensure the loading in existing package designs. Especially the primary lid system of a DPC is designed for maximum loads due to the internal impact of the content during drop test conditions. The main difference of encapsulations for damaged spent nuclear fuel is that they have usually a much higher stiffness than standard fuel assemblies. Therefore the design of an internal shock absorber, e.g. at the head of an encapsulation is required to reduce mechanical loads to the primary lid system during impacts. BAM as part of the German competent authority system is responsible for the safety assessment of the mechanical and thermal package design, the release of radioactive material and the quality assurance of package manufacturing and operation. Concerning the mechanical design of the encapsulation BAM was involved in the comprehensive assessment procedure during the package design approval process. An internal shock absorber was developed by the package designer with numerical analyses and experimental drop tests. Experimental drop tests are needed to cover limiting parameters regarding, e.g. temperature and wall thickness of the shock absorbing element to enable a detailed specification of the whole load-deformation behavior of the encapsulation shock absorber. The paper gives an overview of the assessment work by BAM and points out the main findings which are relevant for an acceptable design of internal shock absorbers. The physical drop tests were planned on the basis of pre-investigations of the applicant concerning shape, dimension and material properties. In advance of the final drop tests the possible internal impact behavior had to be analyzed and the setup of the test facility had to be validated. The planning, performance and evaluation of the final drop tests were witnessed and assessed by BAM. In conclusion it could be approved that the German encapsulation system for damaged spent nuclear fuel with shock absorbing components can be handled similar to standard fuel assemblies in existing package designs.
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