Academic literature on the topic 'Witness Statement'
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Journal articles on the topic "Witness Statement"
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Mukhali, Mukhali, and Aji Sudarmaji. "The Power of Evidence of Witness Testimony in the Trial Process of Criminal Molestery Cases." Jurnal Hukum Khaira Ummah 19, no. 4 (2025): 227. https://doi.org/10.30659/jhku.v19i4.19539.
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The purpose of this research is to determine the strength of the evidence of witness testimony in the trial of a criminal act of indecency. To determine the strength of providing legal protection for witnesses in the trial of a criminal act of indecency. The method used by the researcher is normative legal approach & the specifications in this study include descriptive analysis. The sources and types of secondary data were obtained from literature studies. Based on the results of the study, the evidentiary power of witness statements in a trial of a criminal act of indecency depends on several factors, including: conformity with other evidence: The witness's statement must be consistent with other valid evidence. Conformity with the statements of other witnesses: The witness's statement must be consistent with the statements of other witnesses. The witness's reasons for giving a statement: The judge considers the witness's reasons for giving a particular statement. The witness's lifestyle and morality: The judge considers the witness's lifestyle and morality. The witness's obligation to take an oath: The witness is required to take an oath or promise before giving a statement in court. The Power to Provide Legal Protection for Witnesses in Trials of Criminal Acts of Indecency has not been implemented optimally, this is because there are still children's rights that have not been obtained by children who are victims of criminal acts of indecency, namely the right to receive rehabilitation, rehabilitation both psychologically, physically and spiritually, even though this is regulated in the provisions of the Child Criminal Justice System Law, namely in Article 90 paragraph (1) which states that in addition to the rights that have been regulated in the provisions of laws and regulations as referred to in Article 89, Child Victims and Child Witnesses have the right to medical rehabilitation and social rehabilitation efforts, both within and outside the institution. However, this right is not obtained by child victims of criminal acts of indecency.
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YAMIN, BAHRI, TIN YULIANI, M. TAUFIK RACHMAN, and IMAWANTO IMAWANTO. "ANALISIS HUKUM KETERANGAN SAKSI DIATAS SUMPAH DI PERSIDANGAN PENGADILAN DILAPORKAN DI INSTITUSI KEPOLISIAN." GANEC SWARA 18, no. 4 (2024): 1828. https://doi.org/10.35327/gara.v18i4.1143.
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The background to this research is that the family of the convicted murderer Vina from Cirebon reported two witnesses in the case, A (initials) and D (initials), to Bareskrim. A (initials) and D (initials), were reported on suspicion of providing false information. The report from the family of the person convicted of murdering Vina has been received and registered with number LP/B/227/VII/2024/SPKT/Bareskrim Polri dated 10 July 2024. Apart from that witness "LA" (initials) in the review trial of Saka Tatal (one of the convicts in the Vina Cirebon case) where witness "LA" (initials) has now withdrawn his previous statement that what he said at that time was not true. The legal issue is whether the above witness's statement Can an oath at a court hearing be reported to the Police Institution? The aim to be achieved is to know, understand; whether witness statements under oath at a court hearing can be reported to the Police Institution. This research is a type of Normative legal research. Thus, the approach used to answer the legal issues studied in this research is to use a Statutory Approach. The analysis uses legal interpretation and descriptive analytical methods. After the primary legal materials and secondary legal materials have been collected, they are described systematically and methodically in order to obtain a universal picture of the legal issues raised in this research in order to determine the final conclusion. The results of this research are that witnesses' statements on oath at court hearings cannot be reported to institutions on charges of false statements. Because ex officio (because of their position) the panel of judges handling the case has the authority to determine whether a witness's statement on oath at trial is a false statement or not based on the provisions of Article 174 of the Criminal Procedure Code.
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Nasution, Mayang Sekar Ningrum, Siti Hairani Siregar, and Fatimah Zahara. "Kekuatan Keterangan Saksi Verba Lisan (Saksi Penyidik) Dalam Kitab Undang-Undang Hukum Acara Pidana." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 5, no. 2 (2023): 602–11. http://dx.doi.org/10.47467/as.v5i2.2821.
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 Verbal witnesses are investigators whose participation in court is not mandated by the Criminal Procedure Code, but who are frequently presented in court when the defendant withdraws all or part of the minutes of examination (BAP) filed before investigators at trial. “The goals of this study are to determine the legitimacy of verbal witness statements and their link to” Article 184 of the Criminal Procedure Code concerning legal evidence, as well as to determine how verbal witness statements influence judge choices in Indonesian cases today. This is normative legal research, also known as research on legal systematics. Research on legal systematics is a study of legislation or written law. The goal is to identify the fundamental conditions of rights and responsibilities, legal events, legal connections, and legal objects. The study and discussion results indicate that: first, the statement of an oral verbal witness is valid if given under oath, and the judge's statement from the verbal witness can be used as evidence in court; second, the testimony of verbal verb witnesses is limited to what is recorded by the investigative witnesses during the investigation process, so it becomes the full responsibility of the judge to conclude that the revocation of the warrant is justified.
 Keywords: statement, verbal witnesses, KUHAP
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Kasim, Warsito. "Position of Verbal Witnesses as Evidence in Drug Criminal Cases." Journal of Asian Multicultural Research for Social Sciences Study 5, no. 2 (2024): 41–52. https://doi.org/10.47616/jamrsss.v5i2.527.
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Verbal witnesses are not recognized in the General Criminal Procedure Code (KUHAP), but the use of verbal witnesses is indeed permitted in the context of Indonesian law, as long as it remains within the existing legal corridor. The existence of verbal witnesses in the examination process in court is not absolutely necessary, depending on how the examination process in court is going. If desired or if a defendant retracts what he stated in the BAP, then either the public prosecutor or on the initiative of the judge can submit verbal witnesses or investigator witnesses. In a court examination, the statement of the investigator's witness stated under oath can also be said to be a valid statement. The statement from this verbal witness is not only to refute the defendant's statement, but also one of the elements in which the judge forms a belief in the charges charged against the defendant. So we can often find that the statement of this verbal witness is used in the judge's decision in deciding a criminal case. However, the existence or extent of the evidentiary power of the verbal witness' statement in influencing the judge's belief does not have definite parameters .
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Syahyu, Yulianto. "Dilemmatic of the Proofing Testimonium De Auditu: Indonesian Legal Studies." International Journal of Research and Review 10, no. 12 (2023): 242–51. http://dx.doi.org/10.52403/ijrr.20231228.
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The proof of testmonium de auditu cannot be used in criminal cases but the constitutional court's decision number 65/PUU-VIII/2010 gives the position of witness de auditu which creates a new dilemma in criminal trials. the method used is normative with a legal approach and a conceptual approach. The results showed that testmonium de auditu statement actually did not have the same evidentiary power as a factual witness, but because of the constitutional court decision that acknowledged the evidence of testmonium de auditu witness, the statement could be considered which in this case can be used as evidence in criminal trial accordance with what is in the criminal procedure code. The importance of witnesses does not lie in their own statements, but in the relevance of their statements to criminal cases that are being processed so that judges in assessing a criminal case do not rely solely on belief but must be based on the search for material truth in accordance with legal objectives in KUHAP. Keywords: Evidence, Testimonium De Auditu, Criminal Procedure Code (KUHAP).
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Fazlić, Adnan, and Irma Deljkić. "Lost in Translation: The Risks of Interpreting in Suspect Interrogation and Witness Interviewing Procedures." Kriminalističke teme 24, no. 3-4 (2024): 39–58. https://doi.org/10.51235/kt.2024.24.3-4.39.
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Suspect and witness statements are crucial in criminal cases; thus, particular attention is paid to their reliability and credibility. Statements are usually obtained through suspect interrogation and eyewitness interviewing, involving direct communication between investigators and witnesses or suspects. When the suspect or witness does not speak the language in which the interrogation or interview is conducted, the conversation depends on the interpreter’s engagement. An inaccurate interpretation can increase the risk that the suspect or witness statement may be misunderstood, which directly impacts the reliability and credibility of the evidence obtained. Furthermore, an interpreter can alter conversation dynamics and the relationship between the investigator and suspect or witness. With the growing need for interpreters to engage in the process of obtaining statements from suspects or witnesses, recent research aims to understand the associated risks. This paper reviews key findings from previous research, focusing on the investigative and psychological aspects of questioning suspects and interviewing witnesses through interpreters. The findings were analysed using the Principles of Effective Interviewing ("Méndez Principles"). Additionally, the paper poses questions for future scientific research and presents recommendations for the engagement of interpreters in criminal investigations.
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Mojtahedi, Dara, Maria Ioannou, and Laura Hammond. "Intelligence, Authority and Blame Conformity: Co-witness Influence Is Moderated by the Perceived Competence of the Information Source." Journal of Police and Criminal Psychology 35, no. 4 (2019): 422–31. http://dx.doi.org/10.1007/s11896-019-09361-2.
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AbstractPrevious research suggests that co-witness influence is heavily dependent on how eyewitnesses perceive the source of information, with perceived credibility, authority and memory accuracy identified as significant predictors. However, very little research has directly investigated the effects of perceived intelligence on co-witness influence. The present study used confederates to expose participants (N = 182) to misinformation about a witnessed event, prior to collecting their statements. Participants were paired up with a confederate who was presented as either a PhD student (high intelligence), police officer (high authority), neutral (no information provided) or completed the study individually (control). Results found that participants were significantly more likely to blame the wrong person for the crime if it had been suggested to them by a police officer or PhD student. Implications of the findings suggest that the characteristics and perceptions of co-witnesses can moderate the risks of statement contamination.
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Sulaiman, Priscilla Tazia. "Kewenangan Penyidik Kepolisian untuk Melakukan Penyidikan terhadap Kasus Pidana Keterangan Palsu di Persidangan Pengadilan." Lentera Hukum 5, no. 2 (2018): 194. http://dx.doi.org/10.19184/ejlh.v5i2.6777.
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Article 160, paragraph (4), Act Number 8, Year 1981, Code of Criminal Procedure states that witnesses are obliged to take an oath in accordance with their religion, before providing a statement in courts. It is aimed to prevent witnesses from providing a fake statement, as it is strictly prohibited in Article 174 Code of Criminal Procedure and Article 24, Criminal Code. In practice, it has resulted in contentious views of the application of such articles. In one regard, the procedure settles the problem of fake statements, as it does not require a report or an investigation, but only the ruling of judges. In contrast, another argument states that it does not require the ruling of judges, so that witnesses can be reported to police for investigation. This article revisits the power of police to investigate a fake statement in courts. By using legal research, the results of the study show that Article 242 Criminal Code remains to be applied in cases of fake statements, with the absence of a judge’s ruling. Therefore, police remains to be granted the power to investigate fake statements.
 Keywords: Investigation, Witness, Fake Statement
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Zikalala, Nomsa Ingrid, Jacob Tseko Mofokeng, Moses Morero Motseki, and Enoch Zenzile. "Digital Transformation: Digitising Witness Statements in South African Policing in Alignment with Religious Principles." Khazanah Journal of Religion and Technology 2, no. 1 (2024): 6–17. https://doi.org/10.15575/kjrt.v2i1.646.
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The utilisation of new technologies towards supporting effective and accountable policing is increasingly dependent on e-government development and other technological advancements. England and Wales have long moved from paper witness statements to digitally recorded statements, known as Digital Witness Statements (DWS). DWS refers to the digital capture, representation, and storage of the information needed for its use as an evidential witness statement in courts in England and Wales. This paper presents a prototype system that could be employed in the South African policing context, aligning with religious principles to ensure cultural sensitivity and ethical considerations. The aim of this study was to create awareness that digitisation has been an efficient method of capturing witness statements in the European policing context. Additionally, this study aimed to highlight the status quo of taking indigenous witness statements in South Africa. The objective was to explore the phenomenon of taking indigenous witness statements and to establish the South African Police Service (SAPS) members’ perceptions of the current methods. The study also examined how incorporating religious principles can enhance the acceptance and effectiveness of these digital methods within diverse communities. Thematic content analysis was conducted using Atlas.ti, and measures of trustworthiness were applied. Three dominant themes—“skills,” “resources,” and “duration”—emerged. The Theory of Performance (ToP) was used, and results indicated that SAPS members identified resources as a barrier to their performance. Integrating religious principles into the digitisation process may address some cultural barriers, fostering a more inclusive and respectful approach to modernising witness statement collection.
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Nabila, Alya, Ferryal Basbeth, and Firman Arifandi. "Analisa Kedudukan Pemberian Kesaksian Palsu Terhadap Proses Ilmu Forensik dan Tinjauannya Menurut Hukum Islam." COMSERVA Indonesian Jurnal of Community Services and Development 2, no. 11 (2023): 2429–40. http://dx.doi.org/10.59141/comserva.v2i11.645.
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Forensics means taking something to court. This term is commonly used in medicine. Is a scientific process (based on knowledge) in the analysis, collection and presentation of various evidence in the process related to litigation and collection, physical evidence found at the TKP (Case Incident) and then presented in court. False testimony is a statement given by a witness under oath where the contents of the statement contain a meaning that is not in accordance with the truth, in other words, the statement is a lie or fake. Statements whose content is false do not have to be entirely false, but only partially false. Giving false statements is a crime regulated in the provisions of Article 242 of the KUHP concerning perjury and false statements. The purpose of this research is to identify and analyze the position of false testimony in the process of forensic science. In Islam, giving false testimony enters into the sin of associating partners with Allah SWT because of the great harm it causes to society. This study uses a normative juridical method. The search used in this study was Google Scholar, the search application Publish or Perish, and Neliti. From the search results, 995 appropriate journals were obtained and 50 journals were reviewed. This research found that in order to provide a testimony, the witness must provide testimony under oath in accordance with the religion he adheres to, but if the witness continues to give false testimony in court, he is tantamount to breaking his oath and receiving punishment according to Article 242 of the KUHP. Witnesses who give oaths or false statements may have allegations of obstructing the trial process, so this is part of obstruction of justice or an attempt to obstruct the trial and deliberately giving false statements is strictly regulated in Article 242 of the Criminal Code (KUHP)
Dissertations / Theses on the topic "Witness Statement"
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Brandon, Gregg Lewis, and Gregg Lewis Brandon. "Mendelssohn's Public Statement of Faith: "Lobgesang" as Christian Witness." Thesis, The University of Arizona, 2017. http://hdl.handle.net/10150/626714.
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In a letter from July 21, 1840, Felix Mendelssohn Bartholdy (1809–1847) shared with his friend Karl Klingemann that in his Symphony No. 2 in B-flat Major, the Lobgesang, “all the movements, vocal and instrumental, are composed to the words ‘Everything that breathes, praise the Lord’; you understand that the instruments first praise in their own way, and then the chorus and the individual voices.” This tantalizing passage is not a direct profession of faith, but the language of praising God through music does raise questions about Mendelssohn’s personal religious philosophy. The topic of Mendelssohn’s faith has been the subject of much speculation; some have assumed as the grandson of eighteenth-century Jewish philosopher Moses Mendelssohn, he ought to be considered Jewish, while others, such as R. Larry Todd, have posited that “despite a willingness to compose sacred music for different faiths, in his personal convictions Mendelssohn adhered to the Protestant creed.”
Mendelssohn’s Lobgesang contains evidence of his deeply-held Protestant identity. Its “motto” theme appears at the beginning, middle, and end of Lobgesang. The first time with instruments alone; the second time sung with the text, “Alles, was odem hat, lobe den Herrn” (“Everything that breathes, praise the Lord,” Psalm 150:6), and lastly, at the end of the work, by the instruments alone, suggesting the associated text even though it is not uttered aloud. Combining this cyclical quality with the appearance of self-quotations and the Christo-centric thrust of the rest of Lobgesang’s text, we are invited to view Lobgesang as a lens through which to view other works as having been composed for the glory of God—specifically, the God Mendelssohn knew from a Protestant perspective.
This paper contributes to the ongoing discussion about the relationship between music and identity, with a focus also placed on the continuing conversation about musical quotation and reference.
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Brandon, Gregg Lewis. "Mendelssohn's Public Statement of Faith| Lobgesang as Christian Witness." Thesis, The University of Arizona, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10686904.
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<p> In a letter from July 21, 1840, Felix Mendelssohn Bartholdy (1809–1847) shared with his friend Karl Klingemann that in his Symphony No. 2 in B-flat Major, the <i>Lobgesang</i>, “all the movements, vocal and instrumental, are composed to the words ‘Everything that breathes, praise the Lord’; you understand that the instruments first praise in their own way, and then the chorus and the individual voices.” This tantalizing passage is not a direct profession of faith, but the language of praising God through music does raise questions about Mendelssohn’s personal religious philosophy. The topic of Mendelssohn’s faith has been the subject of much speculation; some have assumed as the grandson of eighteenth-century Jewish philosopher Moses Mendelssohn, he ought to be considered Jewish, while others, such as R. Larry Todd, have posited that “despite a willingness to compose sacred music for different faiths, in his personal convictions Mendelssohn adhered to the Protestant creed.” </p><p> Mendelssohn’s <i>Lobgesang</i> contains evidence of his deeply-held Protestant identity. Its “motto” theme appears at the beginning, middle, and end of <i>Lobgesang</i>. The first time with instruments alone; the second time sung with the text, “Alles, was odem hat, lobe den Herrn” (“Everything that breathes, praise the Lord,” Psalm 150:6), and lastly, at the end of the work, by the instruments alone, suggesting the associated text even though it is not uttered aloud. Combining this cyclical quality with the appearance of self-quotations and the Christo-centric thrust of the rest of <i>Lobgesang</i>’s text, we are invited to view <i>Lobgesang</i> as a lens through which to view other works as having been composed for the glory of God—specifically, the God Mendelssohn knew from a Protestant perspective. </p><p> This paper contributes to the ongoing discussion about the relationship between music and identity, with a focus also placed on the continuing conversation about musical quotation and reference.</p><p>
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Sawyer, Caroline. "An Analysis of Collateral Witness Statements in Child Custody Evaluations." Xavier University Psychology / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=xupsy1596112105998087.
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Newring, Kirk Allen Brunswig. "Undue influence : the creation of false confessions and false witness statements in undergraduates /." abstract and full text PDF (free order & download UNR users only), 2005. http://0-wwwlib.umi.com.innopac.library.unr.edu/dissertations/fullcit/3209135.
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Thesis (Ph. D.)--University of Nevada, Reno, 2005.<br>"December, 2005." Includes bibliographical references (leaves 37-42). Online version available on the World Wide Web. Library also has microfilm. Ann Arbor, Mich. : ProQuest Information and Learning Company, [2005]. 1 microfilm reel ; 35 mm.
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Picornell, Isabel. "Cues to deception in a textual narrative context : lying in written witness statements." Thesis, Aston University, 2013. http://publications.aston.ac.uk/19316/.
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Little research has been undertaken into high stakes deception, and even less into high stakes deception in written text. This study addresses that gap. In this thesis, I present a new approach to detecting deception in written narratives based on the definition of deception as a progression and focusing on identifying deceptive linguistic strategy rather than individual cues. I propose a new approach for subdividing whole narratives into their constituent episodes, each of which is linguistically profiled and their progression mapped to identify authors’ deceptive strategies based on cue interaction. I conduct a double blind study using qualitative and quantitative analysis in which linguistic strategy (cue interaction and progression) and overall cue presence are used to predict deception in witness statements. This results in linguistic strategy analysis correctly predicting 85% of deceptive statements (92% overall) compared to 54% (64% overall) with cues identified on a whole statement basis. These results suggest that deception cues are not static, and that the value of individual cues as deception predictors is linked to their interaction with other cues. Results also indicate that in certain cue combinations, individual self-references (I, Me and My), previously believed to be indicators of truthfulness, are effective predictors of deceptive linguistic strategy at work
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Willis, Genevieve L. "Does a rising intonation at the end of a spoken statement affect a witness's credibility?" Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2000. https://ro.ecu.edu.au/theses/1381.
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Past research has shown that the speech style employed by 11 witness in a jury trial may affect their credibility (Erikson, Lind, Johnson, & ()'Barr, 1978). One common linguistic device used by witnesses is a rising intonation, which is defined as the inflection of a speaker’s tone that occurs at the end of a spoken passage. Past research has shown that the use of a rising intonation in speech can add a questioning tone to a passage or signify that the speaker is unsure of what they are saying (Smith and Clark. 1993). If a witness uses a rising intonation they may sound less believable to a juror. The effect of rising intonation on the credibility of witness testimony was examined in the present study. Three independent variables were tested: the intonation contour at the end of a spoken witness statement (rising or nonrising); the gender of the witness; and the gender of the participant. Five dependent variables relating to how subjects judged the believability and credibility of the witness statements were measured. The primary finding was that rising intonation alone did not significantly affect perceptions of the speaker's credibility. However, the gender of the speaker was found to affect overall believability, with female speakers being rated as significantly less believable than male speakers. The results are interpreted from a sociocultural perspective, with the suggestion that rising intonation, given its frequency of use amongst Australian speakers, does not seem to indicate that the speaker is uncertain about their statements.
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Johns, Alex. "A descriptive analysis of statements taken by police officers from child complainants in sexual offence cases that examines the degree to which the form and content of the statements accord with best practice across a range of variables." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1002611.
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With over twenty thousand complaints reported annually to police of child sexual abuse in South Africa, specialist police nvestigators are practised at taking statements from child complainants. This thesis analyses the fit between actualpolice practice and that recommended by international best practice. Children are a special class of witness because of their inherent social, emotional, and cognitive immaturity, and they are universally acknowledged to be very difficult witnesses to interview without the interviewer lending a bias to the process and thereby contaminating the outcome. The first half of the thesis therefore provides a detailed account of the research basis of current international best practice and of the hallmarks of that best practice which result in reliable interview outcomes. The second half of the thesis presents a descriptive analysis of 100 police statements taken from children in the Eastern Cape who had been raped in the period between 2010 and 2012. The findings of the analysis are presented in detail and then compared to the best practice summarised from the international research.
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Gorgis, George. "Berättelser inifrån : En jämförande undersökning av vittnesutsagor om massakrer från två städer i sydöstra Turkiet 1915-1919." Thesis, Södertörn University College, School of Gender, Culture and History, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-3627.
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<p>The purpose of this essay is to examine and compare narrations by five witnesses, who has written about atrocities against Christians from 1915 to 1919 in what is today south-eastern Turkey, but what was then the Ottoman Empire. I have focused on how the roles of perpetrators, victims, spectators and protectors are featured in the witness narrations. Four questions were posed in the study: Who are portrayed as perpetrators, victims, bystanders and protectors in the various witness narrations? How are these roles expressed in the witness narrations? What differences can be found among the five selected witness narrations from Mardin and Urfa, 1915-1919? What are the explanations of the differences in the witness narrations? The method I have used has been an analysis in which I compare how the different narrations capture the events of 1915-1919. I have used three factors to look at the explanations why there may be differences in the witness narrations. The three factors are nationality, position, and religious affiliation. In the comparison and the results of the witness narrations, I have found that the three factors affect the way the authors write about the events and that these factors help to explain the differences in the witness narrations. These factors are a part of the authors’ respective worldviews. Also, local differences, power constellations, and political factors meant that witness narrations differed.</p>
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Lee, Hsiu-mei, and 李秀美. "Witness－The Statement of Lee ,Hsiu-mei´s Artworks." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/8y63ks.
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碩士<br>台南應用科技大學<br>美術系碩士班<br>102<br>This discussion is based on narrative research method is a God with love in my life has done healing testimony.
The creation is divided into four series:
"Ignorant Series" - cut from the back of the original village, past the shadow of the prototype revealed through intuitive performance, presented in the creation, in action, and continue the dialogue with the works, experimental correction.
"Waking Series" - describes the life course of self-awareness and self-reflection by God opened a blinded eye veil, so I can know Him and find the true meaning of life, there is no longer merely accidental; while God''s love blend in the works, so my soul awakening express imagery.
"The love of Christ Series" - God''s Word is the logos, just mention the general discourse in the Bible, but when these words in my life, fermentation, and touched, it becomes rhema, I will use to show the creation of these rhema.
"Redeemed Series" - in the parent''s pain and mourning his father led the decision for the ecstasy intertwined, I seem to see his father has eternal life, no longer to enter the world of reincarnation, and this is either a Christian life terminus, not be afraid of death.
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Beukman, Brenda Ann. "Professionalising criminology in South Africa." Thesis, 2005. http://hdl.handle.net/10500/1435.
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This study explores and describes the professional role of the Criminologist in South Africa. National and international research and personal practice are used to demonstrate the role of the South African Criminologist. A qualitative research design supports the exploratory nature of this study. The areas of focus are veracity assessing, criminogenesis, assessment of juveniles, assisting victims of crime through debriefing and compiling victim impact statements and compiling pre-sentence reports. Each of these areas rely on the expert knowledge of the Criminologist and is accompanied by real life case study which is preceded by theoretical explanations and research findings.
The research also highlights the quest for professionalising Criminology in South
Africa by presenting and analysing the formal application for recognition.<br>Criminology<br>D.Litt. et Phil. (Criminology)
Books on the topic "Witness Statement"
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Shamgar, Meir. Admissibility of pre-trial written statement of witness: Section 10A of the Israeli Evidence Ordinance, new version, 1971. s.n., 1996.
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Assembly, Mennonite Church General, ed. Justice and the Christian witness: A summary statement, adopted by General Conference Mennonite Church, triennial session, Mennonite Church General Assembly, Bethlehem, Pennsylvania, August 1-7, 1983. Faith and Life Press, 1985.
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Scotland. Victim statements pilot schemes: General guidance for practitioners. Scottish Executive, 2003.
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Bosi, Filippo, Paolina Ferrulli, and Elisabetta Fossi, eds. Looking to methods and tools for the Research in Design and Architectural Technology. Firenze University Press, 2015. http://dx.doi.org/10.36253/978-88-6655-848-4.
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The volume presents the research experience of young researchers and PhD candidates, dealing with the Italian scientific area 08-C1 (Design and Technology of Architecture), with a discussion about scientific issues and methodologies applied. The aim is to express the methodological and investigation features of the issues faced by the researchers, along with the effectiveness of their researches design, giving the reader an immediate overview of the 08-C1 doctoral experience. Beside young researchers statements as witnesses of this research path, the volume collects professors critical contribution, to enrich the comprehensive picture of the progression and methodologies of the doctoral researches presented.
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United States. Congress. Senate. Committee on Foreign Relations. "What's next in the war on terrorism?": A compilation of statements by witnesses before the Committee on Foreign Relations, United States Senate. U.S. G.P.O., 2002.
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United States. Congress. Senate. Committee on Foreign Relations, ed. U.S.-Indian nuclear energy cooperation: Security and nonproliferation implications : a compilation of statements by witnesses before the Committee on Foreign Relations, United States Senate. U.S. G.P.O., 2005.
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United States. Congress. Senate. Committee on Foreign Relations, ed. Energy diplomacy and security: A compilation of statements by witnesses before the Committee on Foreign Relations, United States Senate, One Hundred Ninth Congress, second session. U.S. G.P.O., 2006.
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United States. Congress. Senate. Committee on Foreign Relations, ed. U.S.-India atomic energy cooperation: Strategic and nonproliferation implications : a compilation of statements by witnesses before the Committee on Foreign Relations, United States Senate, One Hundred Ninth Congress, second session. U.S. G.P.O., 2006.
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United States. Congress. Senate. Committee on Foreign Relations, ed. Iran's political/ nuclear ambitions and U.S. policy options: A compilation of statements by witnesses before the Committee on Foreign Relations, United States Senate, One Hundred Ninth Congress, second session, May 17 and 18, 2006. U.S. G.P.O., 2006.
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Lawrence W, Newman. Part VII Witnesses and Perjury, 18 Cross-Examination of Fact Witness Statements in International Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0019.
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This chapter discusses cross-examination of witness statements in international arbitration. The direct testimonies of witnesses in international arbitration are increasingly being presented in the form of their written statements-called ‘witness statements’. Some witness statements can be fairly innocuous, perhaps referring to or commenting on documents in the record. Others, however, not only touch on certain subject-matter areas, leaving out areas that are harmful to a party’s case, but they may also distort accounts of certain meetings or other events, or even lie about them. Such statements, if left alone and taken seriously by the tribunal, have a deleterious effect on the case of the opposing party, and must therefore be dealt with by assessing the ways in which a harmful statement by a fact witness may be responded to.
Book chapters on the topic "Witness Statement"
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Ayaziová, Paulína, and Jan Strejček. "Witch 3: Validation of Violation Witnesses in the Witness Format 2.0." In Tools and Algorithms for the Construction and Analysis of Systems. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-57256-2_18.
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AbstractWitch 3 is a new validator of violation witnesses in the witness format 2.0. Note that our previous tool, Symbiotic-Witch 2, can validate only violation witnesses in the old GraphML format. Witch 3 validates witnesses of reachability of an error function, overflows, and invalid dereferences and deallocations. Similarly to Symbiotic-Witch 2, the tool is based on symbolic execution and uses parts of the Symbiotic framework. Support of the witness format 2.0 in Witch 3 includes features not supported by Symbiotic-Witch 2, such as constraints on the program variables and function return values, specifying statements by column, and providing the concrete statement in which the violation occurs. These additional features can further restrict the explored state space, and, more importantly, allow for much more precise validation.
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Brodsky, Stanley L. "DSM-5: The cautionary statement." In Testifying in court: Guidelines and maxims for the expert witness. American Psychological Association, 2023. http://dx.doi.org/10.1037/0000325-043.
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Fowler, Yvonne. "Taking an Interpreted Witness Statement at the Police Station." In The Critical Link 3. John Benjamins Publishing Company, 2003. http://dx.doi.org/10.1075/btl.46.21fow.
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Beyer, Dirk, and Sudeep Kanav. "An Interface Theory for Program Verification." In Leveraging Applications of Formal Methods, Verification and Validation: Verification Principles. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-61362-4_9.
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Abstract Program verification is the problem, for a given program $$P$$ and a specification $$\phi $$, of constructing a proof of correctness for the statement “program $$P$$ satisfies specification $$\phi $$” ($$P \models \phi $$) or a proof of violation ("Equation missing"). Usually, a correctness proof is based on inductive invariants, and a violation proof on a violating program trace. Verification engineers typically expect that a verification tool exports these proof artifacts. We propose to view the task of program verification as constructing a behavioral interface (represented e.g. by an automaton). We start with the interface $$I_{P}$$ of the program itself, which represents all traces of program executions. To prove correctness, we try to construct a more abstract interface $$I_{C}$$ of the program (overapproximation) that satisfies the specification. This interface, if found, represents more traces than $$I_{P}$$ that are all correct (satisfying the specification). Ultimately, we want a compact representation of the program behavior as a correctness interface $$I_{C}$$ in terms of inductive invariants. We can then extract a correctness witness, in standard exchange format, out of such a correctness interface. Symmetrically, to prove violation, we try to construct a more concrete interface $$I_{V}$$ of the program (underapproximation) that violates the specification. This interface, if found, represents fewer traces than $$I_{P}$$ that are all feasible (can be executed). Ultimately, we want a compact representation of the program behavior as a violation interface $$I_{V}$$ in terms of a violating program trace. We can then extract a violation witness, in standard exchange format, out of such a violation interface. This viewpoint exposes the duality of these two tasks — proving correctness and violation. It enables the decomposition of the verification process, and its tools, into (at least!) three components: interface synthesizers, refinement checkers, and specification checkers. We hope the reader finds this viewpoint useful, although the underlying ideas are not novel. We see it as a framework towards modular program verification.
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Katchanovski, Ivan. "Testimonies of Several Hundred Witnesses and 14 Self-Admitted Maidan Snipers." In Rethinking Political Violence. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-67121-0_4.
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AbstractThis chapter analyzes interviews and statements in the Ukrainian and other media and social media after the Maidan massacre of the Maidan protesters and the police by several hundred witnesses, primarily eyewitnesses among Maidan activists and journalists, concerning Maidan snipers, snipers in the Maidan-controlled buildings, and other evidence of the false-flag massacre in downtown Kyiv in Ukraine on February 18–20, 2014. It also examines interviews and statements by 14 self-admitted members of Maidan sniper groups, in particular, about shooting the police and the protesters in various media and the social media. Many Maidan activists and self-admitted snipers publicly stated that they witnessed involvement of specific top Maidan leaders from the oligarchic parties and far-right organizations in the massacre.
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Ahrens, Hans-Jürgen. "Written witness statement." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0346.
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A written witness statement shall be signed by the witness and shall include a statement of the witness that he is aware of his obligation to tell the truth and of his liability under applicable national law in the event of any breach of this obligation. The statement shall set out the language in which the witness shall give oral evidence, if necessary.
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"WITNESS STATEMENT FORM." In Henriques & Winter on Local Authority Prosecutions. Routledge-Cavendish, 2002. http://dx.doi.org/10.4324/9781843144403-33.
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Shepherd, Eric, and Rebecca Milne. "‘Have You Told Management About This?’: Bringing Witness Interviewing Into The Twenty-First Century." In Witness Testimony. Oxford University PressOxford, 2006. http://dx.doi.org/10.1093/oso/9780199278091.003.0009.
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Abstract The witness statement, the police officer’s 2 edited representation of the witness’s dis-8.01 closures when interviewed, occupies a focal position in our criminal justice system. Investigating officers rely upon statements obtained by other officers, or themselves, to inform and to progress the investigation. For the Crown Prosecution Service (CPS)— prior to and following charging decisions—and for the defence, statements critically determine the management of the case. Similarly the judiciary rely heavily upon statements to enable them to obtain a detailed grasp of the case.
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Cameron, Cecily, and Elizabeth-Anne Gumbel QC. "Witness Evidence." In Clinical Negligence: A Practitioner’s Handbook. Oxford University PressOxford, 2007. http://dx.doi.org/10.1093/oso/9780199299645.003.0012.
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Abstract The first draft of a claimant’s witness statement may be put together hurriedly, often for the purposes of supporting an application for funding. The statement may then lie on the file without further review until the first conference with counsel, when it may be found to need considerable expansion and amendment before it can be served. By this time, all the experts will have referred to the first draft statement in their reports.
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Broome, Kerry. "Defence Disclosure." In Disclosure in Criminal Proceedings, 2nd ed. Oxford University PressOxford, 2025. https://doi.org/10.1093/oso/9780192899408.003.0007.
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Abstract This chapter considers the previous and current defence disclosure regime. It explores significant changes between the regimes and explains the current key provisions, rules, and requirements relevant to the service of defence statements. It explains the procedures for voluntary disclosure of a defence statement in the Magistrates’ Court and the mandatory service of a defence statement in the Crown Court, including the necessary contents of a defence statement such as the identification of issues of fact and law, together with the requirements to provide notice of any alibi witness and the particulars of any defence witnesses to be called. It further considers the admissibility of defence statements in criminal proceedings.
Conference papers on the topic "Witness Statement"
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Faust, Sebastian, Carmit Hazay, David Kretzler, and Benjamin Schlosser. "Statement-Oblivious Threshold Witness Encryption." In 2023 IEEE 36th Computer Security Foundations Symposium (CSF). IEEE, 2023. http://dx.doi.org/10.1109/csf57540.2023.00026.
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Jones, Dean J., and Gunjan Mansingh. "Identifying Corroborated and Contradicted Claims Among Witness Statements Using Post-Hoc Collective Intelligence." In 2018 IEEE 5th International Congress on Information Science and Technology (CiSt). IEEE, 2018. http://dx.doi.org/10.1109/cist.2018.8596630.
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McGowan, Joseph C., Jacob L. Fisher, and Scott R. Lucas. "Biomechanical Analysis of Occupant Kinematics: Interpretation of Witness Marks." In ASME 2008 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2008. http://dx.doi.org/10.1115/sbc2008-192654.
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Understanding the occupant kinematics associated with an automotive accident is essential to evaluating injury causation and can lead to improved design of vehicles and restraint systems. Biomechanical analysis can be undertaken with knowledge of the accident reconstruction, that is, velocities and trajectories of the involved vehicle or vehicles, as well as the results of a detailed vehicle inspection and evaluation of other physical and photographic evidence. Evidence can be incomplete, seemingly contradictory, or compromised by the passage of time, and the biomechanical engineer must seek an explanation that is consistent with all that is known. Sometimes a physical examination of the accident vehicle provides a vivid understanding of injury causation. At other times the information obtained from the vehicle is understood only in the context of injuries sustained, witness statements, and/or information derived from other sources. We explain a methodology for conduct of a physical inspection of an accident vehicle to develop insight to be used in conjunction with information from other sources to elicit a clear and complete understanding of injury causation. We specify common and less common “witness marks” that are examined to develop constraints on possible occupant kinematics. Selected case studies highlight the importance of a careful inspection and suggest specific applications to accident scenarios.
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Llaci, Shyqyri, and Blanka Xhani. "Opportunistic Behavior and the Impact on Audit Quality in Albania." In 7th International Scientific Conference – EMAN 2023 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2023. http://dx.doi.org/10.31410/eman.2023.75.
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The 21st century has witnessed the bankruptcy of many large corporations because of the opportunistic behavior of management reflected in the financial statement. A realistic review from the board of directors to the internal management can only be carried out with genuine data, which are distributed along with the financial statements. This allows shareholders and other stakeholders to examine the company’s performance and make accurate decisions. All this control is carried out by external auditors who certify the financial statements. Although it is challenging to evaluate an auditor’s job, this paper sought to pinpoint the causes of their opportunistic conduct in this study. The authors examined five variables that could cause opportunistic behavior, including time budget pressure, client importance, personality type and turnover intention, and analyzed their attitude to critical ethical issues in situations they face during their work as external auditors. This research is based on the quantitative primary data. The sampled population is 150 auditors in Tirana, from the 236 certified auditors registered in Albania, until February 2023; also, from the 65 audit firms, only the Big 4 are taken, to gather primary data and regression analysis is used to examine every single one of them. The questionnaire was created based on previous studies and was distributed through a survey in Google Forms, using a hybrid data collection approach. As a primary step, a literature review was conducted regarding the ethical issues of an auditor during the audit of financial statements. The study concludes that time budget pressure, client importance, and personality type were the most important factors for the opportunistic behavior of auditors in Albania, and has found that the impact of the turnover factor is minimal.
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Wiechel, John, Sandra Metzler, Dawn Freyder, and Nick Kloppenborg. "Human Fall Evaluation Using Motion Capture and Human Modeling." In ASME 2013 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/imece2013-66790.
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Reconstructing the mechanics and determining the cause of a person falling from a height in the absence of witness observations or a statement from the victim can be quite challenging. Often there is little information available beyond the final resting position of the victim and the injuries they sustained. The mechanics of a fall must follow the physics of falling bodies and this physics provides an additional source of information about how the fall occurred. Computational, physics-based simulations can be utilized to model the free-fall portion of the fall kinematics and to analyze biomechanical injury mechanisms. However, an accurate determination of the overall fall kinematics, including the initial conditions and any specific contributions of the person(s) involved, must include the correct position and posture of the individual prior to the fall. Frequently this phase of the analysis includes voluntary movement on the part of the fall victim, which cannot be modeled with simulations using anthropomorphic test devices (ATDs). One approach that has been utilized in the past to overcome this limitation is to run the simulations utilizing a number of different initial conditions for the fall victim. While fall simulations allow the initial conditions of the fall to be varied, they are unable to include the active movement of the subject, and the resulting interaction with other objects in the environment immediately prior to or during the fall. Furthermore, accurate contact interactions between the fall victim and multiple objects in their environment can be difficult to model within the simulation, as they are dependent on the knowledge of material properties of these objects and the environment such as elasticity and damping. Motion capture technology, however, allows active subject movement and behaviors to be captured in a quantitative, three-dimensional manner. This information can then be utilized within the fall simulation to more accurately model the initial fall conditions. This paper presents a methodology for reconstructing fall mechanics using a combination of motion capture, human body simulation, and injury biomechanics. This methodology uses as an example a fall situation where interaction between the fall victim and specific objects in the environment, as well as voluntary movements by the fall victim immediately prior to the accident, provided information that could not be otherwise obtained. Motion capture was first used to record the possible motions of a person in the early stages of the fall. The initial position of the fall victim within the physics based simulation of the body in free fall was determined utilizing the individual body segment and joint angles from the motion capture analysis. The methodology is applied to a real world case example and compared with the actual outcome.
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Lilley, David G. "Computer Programs for Fire Simulation." In ASME 1996 Design Engineering Technical Conferences and Computers in Engineering Conference. American Society of Mechanical Engineers, 1996. http://dx.doi.org/10.1115/96-detc/cie-1350.
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Abstract Computer programs for simulating fire development in a multi-room building complements the experimental approach and/or post-fire on-site investigations. A variety of computer calculations can help to validate or deny a suggested fire scenario and witness statements. Thus they help to discriminate between alternative fire scenarios by evaluating the consequences and comparing them with observations. In this way computer simulation helps to rule in or rule out the suggested ignition and spread of the fire.
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Lilley, David G. "Fire Modeling." In ASME 1996 Design Engineering Technical Conferences and Computers in Engineering Conference. American Society of Mechanical Engineers, 1996. http://dx.doi.org/10.1115/96-detc/cie-1349.
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Abstract The mathematical modeling approach to simulating fire development in a multi-room building complements the experimental approach and/or post-fire on-site investigations. Fire simulation models provide estimates of the amount and temperature of the smoke layer produced, the evolution of toxic gases, and the amount of time available from the onset of fire for the safe departure of occupants. Results can be used to determine the key features of the fire evolution and the corresponding danger to occupants. Studies of this type help to validate or deny the suggested fire scenario and witness statements. Fire modeling thus helps to discriminate between alternative fire scenarios by evaluating the consequences and comparing them with observations.
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Latkovska, Evija, and Klinta Ieleja. "‘Can-Do Statements’ to Improve Year 4 Pupils’ Performance in English Lessons." In 81th International Scientific Conference of the University of Latvia. University of Latvia Press, 2023. http://dx.doi.org/10.22364/htqe.2023.58.
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Nowadays, school education concentrates on developing pupils’ skill to learn – teachers should help pupils understand the meaning of education in their life and encourage their independent inquiry. The essence is not just getting excellent grades. Instead, it is about pupils taking responsibility for being interested, for participating and for reflecting on their performance. The mentioned features are characteristic of self-regulated learning – a transversal skill to be honed from early school years. Overall, research on pupils’ self-regulated learning reveals that if mastered as a skill at an early age, it positively influences pupils’ academic performance. Based on the evidence of prior research, the authors of the article consider relevant ‘Can-Do Statements’ to be of importance to develop and enhance pupils’ self-regulated learning skills parallel to their academic achievement. Therefore, the current study aims to examine how self-regulated learning ‘Can-Do Statements’ applied in lessons of English in Year 4, can improve pupils’ confidence regarding their self-regulated learning and their foreign language achievement. The research method is a case study comprising a research sample of 19 Year 4 pupils (nine to ten years old). The pupils come from a rural school in Latvia, Vidzeme region. The data are collected using lesson observation sheets, language tests and a questionnaire for pupils to ensure triangulation of the data. Empirical data show that ‘Can-Do Statements’ implemented in English language lessons help pupils work on self-regulated learning skills simultaneously achieving academic performance goals they set for themselves. However, the level of achievement depends on whether an individual pupil relates ‘Can-Do Statements’ to oneself and one’s learning process. Even though the data show that the efficient use of ‘Can-Do Statements’ would ask for meticulous lesson planning, it can also be witnessed that their application allows creating a positive learning environment, which in its turn is beneficial for the rapport of the teacher and pupils.
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Lilley, David G. "Computerized Reconstruction of Building Fires." In ASME 1991 International Computers in Engineering Conference and Exposition. American Society of Mechanical Engineers, 1991. http://dx.doi.org/10.1115/cie1991-0087.
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Abstract A fire development simulation model is described which provides estimates of the amount and temperature of the smoke layer produced, the evolution of toxic gases, and the amount of time available from the onset of fire for the safe departure of occupants. Its results can be used to determine the key features of the fire evolution and the corresponding danger to occupants. Studies of this type help to validate or deny the suggested fire scenario and witness statements. Mathematical modeling thus helps to discriminate between alternative fire scenarios by evaluating the consequences and comparing them with observations. The software consists of data, procedures, and computer programs which simulate important time-dependent phenomena involved in residential fires. Based on sound scientific and mathematical principles, predictions are made of the production of energy and mass (smoke and gases) by one or more burning objects in one room, based on small or large scale measurements. The buoyancy-driven transport of this energy and mass through a series of user-specified rooms and connections is then computed (doors, windows, cracks, etc.). The resulting temperatures, smoke optical densities, and gas concentrations (after accounting for heat transfer to surfaces and dilution by mixing with clean air) are linked to the problem of egress. The evacuation process of a set of occupants may be simulated, accounting for delays in notification, decision making, behavioral interactions, and inherent capabilities.
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Wang, Christian, Martin Halsteen, and Jesper Ries. "Qualification of Sealing System for Flexible Pipes Using a Self-Energized Gasket." In ASME 2018 37th International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/omae2018-77183.
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In order to meet higher technical demands designing flexible pipes at higher pressures and higher temperatures for deeper water depths NOV has introduced and qualified a new sealing system that is self-energized. The sealing material has been qualified and tested in different fluids. The sealing system has shown good functionality at higher pressures as well as at lower pressures. The qualification of the sealing system has been based on multiple full-scale and mid-scale tests according to Recommended Practice API 17B and small-scale tests on the elastomer material including long-term ageing tests and rapid gas decompression tests in high pressure CO2 up to 900 bar. The recommendations of RP API 17B used in the industry has its limitation with regards to qualification of a new sealing system. This paper gives an overview how to qualify a new sealing system on an existing product range achieving different technology readiness levels according to Recommended Practice API 17N from TRL1 up to TRL5. TRL5 covers system integration testing by full-scale testing of flexible pipes such as burst test, tension-pressure test, tension-tension test and deep immersion performance test. All qualification tests have been witnessed by a third-party Bureau Veritas and the enhanced sealing system has archived a TRL5 statement within its current design envelope.
Reports on the topic "Witness Statement"
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Creed, Fabiola, and Rowena Bermingham. Improving witness testimony. Parliamentary Office of Science and Technology, 2019. http://dx.doi.org/10.58248/pn607.
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Witness testimony is a written or oral statement given by an individual who has experienced an incident. It is collected during criminal investigations (including through investigative interviews, facial composites and identity parades). However, inaccurate witness testimony (such as the incorrect identification of a suspect) can lead to innocent people being wrongfully convicted. Wrongfully accused or convicted individuals are at risk of discrimination, relationship damage and poor mental health. Wrongful convictions are also costly, with a miscarriage of justice costing up to £1 million in compensation, and cause reputational damage to the police and legal system. Furthermore, the real perpetrators are not caught and may continue to harm society by committing further crime.
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Wagner, Rudolf. Enforcing Software and AI as Medical Devices: Expert Witness Insights on Civil Lawsuits, Regulation, and Legal Liability Pathways. ADHOCON UG (haftungsbeschränkt), 2024. http://dx.doi.org/10.70317/2024.13rw10.
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As an expert witness to German courts (Landgerichte, Oberlandesgerichte) and federal courts for Medical Devices and IVDs the number of expert statements has constantly increased, especially for Software and AI in Healthcare and focusing on their Medical Device classification. The paper also examines how competition and insurers may respond to claims arising from the use of improper classified software, artificial intelligence including Large Language Models (LLMs) with denial of coverage, increased premiums, and subrogation actions against hospitals or AI developers. Regulatory challenges are discussed in light of Software as a Medical Device (SaMD) frameworks, highlighting the effective and valid regulations to classify the risk of Software and AI when used in Healthcare, which are enforced today although the dynamic and evolving nature of AI systems. This paper concludes the used regulatory and legal pathways used in cases with expert witness statements between competitors or by competitors to file a lawsuit against a competitor with incorrect classification based on experience and draws the parallels to the US FDA regulation. Beyond it demonstrates that authority driven enforcement of existing regulation is transferred to courts acting on behalf of the authority driven by compliant legal manufacturers.
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Wagner, Rudolf. Enforcing Software and AI as Medical Devices: Expert Witness Insights on Civil Lawsuits, Regulation, and Legal Liability Pathways. ADHOCON UG (haftungsbeschraenkt), 2024. http://dx.doi.org/10.70317/2024.20rw10.
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As an expert witness to German courts (Landgerichte, Oberlandesgerichte) and federal courts for Medical Devices and IVDs the number of expert statements has constantly increased, especially for Software and AI in Healthcare and focusing on their Medical Device classification. The paper also examines how competition and insurers may respond to claims arising from the use of improper classified software, artificial intelligence including Large Language Models (LLMs) with denial of coverage, increased premiums, and subrogation actions against hospitals or AI developers. Regulatory challenges are discussed in light of Software as a Medical Device (SaMD) frameworks, highlighting the effective and valid regulations to classify the risk of Software and AI when used in Healthcare, which are enforced today although the dynamic and evolving nature of AI systems. This paper concludes the used regulatory and legal pathways used in cases with expert witness statements between competitors or by competitors to file a lawsuit against a competitor with incorrect classification based on experience and draws the parallels to the US FDA regulation. Beyond it demonstrates that authority driven enforcement of existing regulation is transferred to courts acting on behalf of the authority driven by compliant legal manufacturers.
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Saleem, Raja M. Ali, Ihsan Yilmaz, and Priya Chacko. Civilizationist Populism in South Asia: Turning India Saffron. European Center for Populism Studies (ECPS), 2022. http://dx.doi.org/10.55271/pp0009.
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The 21st century has witnessed a significant shift in how the concept of nationalism is understood. A political marriage between identity politics and populism has resulted in “civilizationism,” a new form of nationalism that entails an emotionally charged division of society into “the people” versus “the Other.” All too often, the divisive discourses and policies associated with civilizationalist populism produce intercommunal conflict and violence. This paper draws on a salient case study, India’s Hindutva movement, to analyze how mainstream populist political parties and grassroots organizations can leverage civilizationist populism in campaigns to mobilize political constituencies. In surveying the various groups within the Hindutva movement and conducting a discourse analysis of their leaders’ statements, the paper shows the central role of sacralized nostalgia, history, and culture in Hindutva populist civilizationism. By analyzing the contours and socio-political implications of civilizationist populism through this case study, the paper contributes to the theoretical understanding of the concept more generally.
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Drury, J., S. Arias, T. Au-Yeung, et al. Public behaviour in response to perceived hostile threats: an evidence base and guide for practitioners and policymakers. University of Sussex, 2023. http://dx.doi.org/10.20919/vjvt7448.
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Background: Public behaviour and the new hostile threats • Civil contingencies planning and preparedness for hostile threats requires accurate and up to date knowledge about how the public might behave in relation to such incidents. Inaccurate understandings of public behaviour can lead to dangerous and counterproductive practices and policies. • There is consistent evidence across both hostile threats and other kinds of emergencies and disasters that significant numbers of those affected give each other support, cooperate, and otherwise interact socially within the incident itself. • In emergency incidents, competition among those affected occurs in only limited situations, and loss of behavioural control is rare. • Spontaneous cooperation among the public in emergency incidents, based on either social capital or emergent social identity, is a crucial part of civil contingencies planning. • There has been relatively little research on public behaviour in response to the new hostile threats of the past ten years, however. • The programme of work summarized in this briefing document came about in response to a wave of false alarm flight incidents in the 2010s, linked to the new hostile threats (i.e., marauding terrorist attacks). • By using a combination of archive data for incidents in Great Britain 2010-2019, interviews, video data analysis, and controlled experiments using virtual reality technology, we were able to examine experiences, measure behaviour, and test hypotheses about underlying psychological mechanisms in both false alarms and public interventions against a hostile threat. Re-visiting the relationship between false alarms and crowd disasters • The Bethnal Green tube disaster of 1943, in which 173 people died, has historically been used to suggest that (mis)perceived hostile threats can lead to uncontrolled ‘stampedes’. • Re-analysis of witness statements suggests that public fears of Germany bombs were realistic rather than unreasonable, and that flight behaviour was socially structured rather than uncontrolled. • Evidence for a causal link between the flight of the crowd and the fatal crowd collapse is weak at best. • Altogether, the analysis suggests the importance of examining people’s beliefs about context to understand when they might interpret ambiguous signals as a hostile threat, and that. Tthe concepts of norms and relationships offer better ways to explain such incidents than ‘mass panic’. Why false alarms occur • The wider context of terrorist threat provides a framing for the public’s perception of signals as evidence of hostile threats. In particular, the magnitude of recent psychologically relevant terrorist attacks predicts likelihood of false alarm flight incidents. • False alarms in Great Britain are more likely to occur in those towns and cities that have seen genuine terrorist incidents. • False alarms in Great Britain are more likely to occur in the types of location where terrorist attacks happen, such as shopping areass, transport hubs, and other crowded places. • The urgent or flight behaviour of other people (including the emergency services) influences public perceptions that there is a hostile threat, particularly in situations of greater ambiguity, and particularly when these other people are ingroup. • High profile tweets suggesting a hostile threat, including from the police, have been associated with the size and scale of false alarm responses. • In most cases, it is a combination of factors – context, others’ behaviour, communications – that leads people to flee. A false alarm tends not to be sudden or impulsive, and often follows an initial phase of discounting threat – as with many genuine emergencies. 2.4 How the public behave in false alarm flight incidents • Even in those false alarm incidents where there is urgent flight, there are also other behaviours than running, including ignoring the ‘threat’, and walking away. • Injuries occur but recorded injuries are relatively uncommon. • Hiding is a common behaviour. In our evidence, this was facilitated by orders from police and offers from people staff in shops and other premises. • Supportive behaviours are common, including informational and emotional support. • Members of the public often cooperate with the emergency services and comply with their orders but also question instructions when the rationale is unclear. • Pushing, trampling and other competitive behaviour can occur,s but only in restricted situations and briefly. • At the Oxford Street Black Friday 2017 false alarm, rather than an overall sense of unity across the crowd, camaraderie existed only in pockets. This was likely due to the lack of a sense of common fate or reference point across the incident; the fragmented experience would have hindered the development of a shared social identity across the crowd. • Large and high profile false alarm incidents may be associated with significant levels of distress and even humiliation among those members of the public affected, both at the time and in the aftermath, as the rest of society reflects and comments on the incident. Public behaviour in response to visible marauding attackers • Spontaneous, coordinated public responses to marauding bladed attacks have been observed on a number of occasions. • Close examination of marauding bladed attacks suggests that members of the public engage in a wide variety of behaviours, not just flight. • Members of the public responding to marauding bladed attacks adopt a variety of complementary roles. These, that may include defending, communicating, first aid, recruiting others, marshalling, negotiating, risk assessment, and evidence gathering. Recommendations for practitioners and policymakers • Embed the psychology of public behaviour in emergencies in your training and guidance. • Continue to inform the public and promote public awareness where there is an increased threat. • Build long-term relations with the public to achieve trust and influence in emergency preparedness. • Use a unifying language and supportive forms of communication to enhance unity both within the crowd and between the crowd and the authorities. • Authorities and responders should take a reflexive approach to their responses to possible hostile threats, by reflecting upon how their actions might be perceived by the public and impact (positively and negatively) upon public behaviour. • To give emotional support, prioritize informative and actionable risk and crisis communication over emotional reassurances. • Provide first aid kits in transport infrastructures to enable some members of the public more effectively to act as zero responders.
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2007 Wholesale Power Rate Case Initial Proposal : Qualification Statements of Witnesses. Office of Scientific and Technical Information (OSTI), 2005. http://dx.doi.org/10.2172/898392.
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