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This essay asks what role a teacher-scholar-practitioner of life writing can play when she is enmeshed within a highly volatile, violent conflict along with her students who occupy multiple subject positions within the conflict. I suggest that such conditions put the scholar in a unique position first, to offer testimony to her fellow scholars. Such testimony can best take the form of a highly particularised and affectively-attentive narration of the conflict that refuses the binary of victim and oppressor that characterises much abstract theorising endemic to academic environments. Second, the teacher-scholar-practitioner of life writing may also find herself in a position uniquely suited to assist her students to find emotional comfort, meaningful knowledge of the world in which they live, and a reservoir of genuine hope within their trauma, when she turns them back upon their experiences of shared life writing and reading in the university. [ABSTRACT FROM AUTHOR]

People can be treated unjustly with respect to the level of credibility others accord to their testimony. This is the core idea of the philosophical idea of epistemic justice. It should be of utmost interest to criminal law which extensively deals with normative issues of evidence and testimony. It may reconstruct some of the long-standing criticisms of criminal law regarding credibility assessments and the treatment of witnesses, especially in sexual assault cases. However, philosophical discussions often overlook the intricate complexities of real procedural law and its underlying considerations. In its present form, the philosophical notion of epistemic injustice provides limited insights into legal discourse; it necessitates translation and adaptation. This study contributes to this endeavor by examining the contentious issue of testimony from witnesses who have undergone trauma-focused psychotherapy. Since the 1980s, courts worldwide were troubled with cases of false accusations based on false memories generated by suggestive therapeutic interventions. As a result, such post-therapy testimonies are discounted in one way or another in many jurisdictions. However, courts are still confronted with such testimonies, and the modi vivendi legal systems have established to deal with them continue to give rise to concerns about unjust treatment of witnesses. The question is thus whether legal rules or established practices of evaluating testimony based on memories which resurfaced after psychotherapy are epistemically and legally just. The paper presents seven ways in which courts may assess such testimonies and examines them in light of epistemic and procedural justice. Some of them prima facie constitute a form of epistemic injustice because they discount testimonies to an unwarranted degree. But these injustices might be justified by overriding principles favoring defendants. Nonetheless, the idea of epistemic justice, more broadly understood, inspires two principles that may serve as a foundation for a future conception of epistemic justice adapted to the law. [ABSTRACT FROM AUTHOR]

This essay analyzes the interconnected struggles of US military occupation in Okinawa and Hawai'i through analysis of noise pollution, aircraft crashes, and community responses to these issues. While the violence of airbases transforms air into a space of violence, I turn to the ways that Okinawan and Hawaiian communities articulate their respective sovereignties through the wind. I read legal testimonies from the first noise pollution lawsuit in Okinawa and community testimonies from across O'ahu, putting them in conversation with poetry by Nakazato Yūgō and Brandy Nālani McDougall. Against military reports that implicate wind as a threat which facilitates aircraft accidents and death, the testimony and poetry elucidate how wind builds relation and enables the preservation of intergenerational memory. This archive challenges state formulations of "resolution" by elucidating how deeper histories than the state has considered press onto the body, carrying into the present not only historical wounds but also the capacity for their healing. The sovereignty of wind that they put forth marks a renewal of relationships to air and memory at the same time they are organized around radical returns of land, of night, of the body itself. [ABSTRACT FROM AUTHOR]

The ongoing Undercover Policing Inquiry (UCPI) is largely a response to a stream of national media scandals that exposed the illegal and unethical behaviour of undercover police officers in two secretive units. The testimony of those who were the targets of undercover operations has further exposed the human costs stemming from the personalised and highly invasive surveillance undertaken by anonymous state agents. In this article, we reflect upon the existing research on covert policing and identify new areas for conceptual and methodological engagement, with a view to better understanding the harms that these secretive operations can generate. Attending to the inherent and inescapable intimacy of covert policing offers a much‐needed opportunity to explore the effects of a unique state practice that can radically alter the lives of individual surveillance subjects, and which tests our conventional understandings of the legitimacy and limits of force, coercion and police power. [ABSTRACT FROM AUTHOR]

The impact of Polish regional accents on guilt attribution was investigated in this study. Four recordings of suspect testimony were presented to one hundred and eighteen students who listened to a dialogue between a male middle-aged Polish police officer as an interviewer and a female young suspect. The current study aimed to examine how members of the same group perceive attitudes toward Polish nonstandard varieties of language in the courtroom. I also seeked to investigate stereotypes related to nonstandard Polish speakers as far as such factors as accuracy, creditability, deception, prestige, intelligence and likeability are concerned. Finally, this study aimed to find "the Polish accent of guilt". The findings revealed that the suspect was assessed as being considerably more guilty while speaking with the Cracovian accent rather than Silesian, Podhale or Zamość accents. The Cracovian accent is the least credible and likeable of all accents which were examined in this study, but excels in the factor of prestige and intelligence. Podhale accent seems to be viewed as the most likeable. Zamość accent was rated the highest in intelligence. • Polish accents have an impact on guilt attributions. • Suspects speaking with stronger Polish accents would evoke less accusations of guilt. • Accent discrimination might occur in Polish courtrooms. • Cracovian accent is the accent of guilt. [ABSTRACT FROM AUTHOR]

The traditional approach to the verification of testimony at the crime scene has currently become, to a large extent, detached from the requirements of judicial practice, not reflecting the contemporary possibilities of the technical progress and remaining isolated in certain traditional forms of implementation. Likewise, along with criminal prosecution situations specific for the activity of investigation of criminal deeds, new doctrines and fields of knowledge are continuously being consolidated, such as: forensic reconstruction, tactical operations, etc. Besides, these doctrines and areas of knowledge undoubtedly influence the tactics of verification of testimony at the crime scene. The traditional approach to the procedures for verifying testimony at the crime scene no longer allows us to fully reveal the essence of this criminal prosecution action. However, a complex analysis of the current condition of the verification of testimony at the crime scene from the positions of the criminal procedure law, forensics, forensic psychology, computer science, etc. is necessary. The foregoing justifies the selection and topicality of the study, including the relevance of the further development of a various spectrum of aspects related to the use of verification of testimony at the crime scene as an effective means of establishing the truth in criminal cases. [ABSTRACT FROM AUTHOR]

This article explores Yolande Mukagasana and Semezdin Mehmedinović's highly aestheticised testimonial writing about the 1994 genocide against the Tutsi and the Bosnian War. My analysis of Mukagasana's Not My Time to Die and Mehmedinović's Sarajevo Blues opens up a rich comparison that demonstrates the problematic nature of a social expectation and assumption that a survivor is active and strong in contrast to a passive and helpless victim. To unpack complexity of these categorisations, this article asks two questions: How do these two testimonies portray those who outlived violence and died as a result of it? What do these narratives tell us about the labels of a victim and survivor? After discussing the meaning of a victim and survivor in scholarship and local contexts, I will trace ways in which Mukagasana and Mehmedinović's writing balances expressions of agency and recognition of the uncontrollable. The discussion will also examine actions that may appear less valuable or less visible than others and the implications of depiction of victims as active agents. The comparative analysis of the two literary texts complicates the categories of a victim and survivor, challenging the distance between the reader and those who outlived genocide or war. [ABSTRACT FROM AUTHOR]

Legal psychologists' assessments can have a major impact on the fact finder's evaluation of evidence and, consequently, perceptions of guilt. Yet, in the few studies about legal psychologists' assessments and reports, great variability was found. As is the case with other forensic expert domains, legal psychologists are prone to cognitive biases, such as being adversely affected by irrelevant contextual information, confirmation bias, and allegiance bias. Based on the scientific literature, we propose several ways in which legal psychologists can minimize cognitive biases in their assessments, most notably the alternative scenario method. Furthermore, we propose guidelines for expert witnesses in the legal psychological domain, designed to make reports as scientifically grounded, applicable, readable, transparent, and bias-free as possible. We hope that the guidelines will enhance the quality of expert witness testimony provided by legal psychologists around the world. [ABSTRACT FROM AUTHOR]

Using Fineman's vulnerability theory, this paper argues that the traditional adversarial approach to examining witnesses in criminal trials – premised on the principle of orality – reduces the resilience of those giving evidence. This is because the adversarial setting often leaves those testifying in a heightened state of stress, reducing the quality and reliability of their evidence as a result. In turn, this traditional approach to securing oral witness testimony in criminal trials loses resilience, in that it becomes more difficult to justify as the general approach. The use of special measures – to adjust the way testimony is given and ameliorate some of the associated stressors – provides resilience to the individual testifying, the robustness of their evidence, and the safety of consequent criminal verdicts. The positive effects special measures yield therefore lend additional resilience to our commitment to the principle of orality and the principles upon which it rests. This article concludes that the State should maximise such resilience-building through more generous special measures provision. [ABSTRACT FROM AUTHOR]

The decision of the Full Court of the Federal Court in New Aim v Leung (2023) 410 ALR 190, overturning New Aim v Leung [2022] FCA 722, raised again the sometimes fraught process associated with communicating with independent expert witnesses. It confirmed that there are few bright-line rules-what must be disclosed will depend on the circumstances of the case. Similarly, the test for determining whether privilege over communications with experts has been waived is context-dependant. This article examines the appeal decision, reviews the principles that apply to waiver, and seeks to provide some guidance in navigating this complex area. Practitioners should approach communications with independent experts with care, and with an eye on the consequences for both the weight that might be given to the expert's evidence, and for waiver of the legal professional privilege that would otherwise apply. [ABSTRACT FROM AUTHOR]

Persons with disabilities often receive discriminatory treatment, due to their physical and/or mental limitations. The Criminal Procedure Code regulates that people with disabilities can give statements without being under oath and these provisions have reduced the rights of persons with disabilities to obtain their justice rights. The Sexual Violence Crime Law regulates where the statements of witnesses and/or victims of people with disabilities can be under oath. The approach method used in this research is a normative juridical approach that is based on formal regulations, as well as secondary data obtained from library materials in the form of scientific writings and other written sources. This research will illustrate the importance and the implication of the testimony of witnesses and/or victims with disabilities having the same legal force as the statements of witnesses and/or victims without disabilities where the testimony must be followed by the implementation of a personal assessment. [ABSTRACT FROM AUTHOR]

In this paper, I introduce a new term, adoptism, to characterize the unique form(s) of marginalization to which adopted persons are subjected. Adoptism shows up primarily as enforced gratitude, and this injunction to be grateful carries with it epistemic harms that have heretofore been overlooked because the dominant social narrative surrounding adoption is that it is an overwhelmingly positive practice. This dominant view stems largely from adoptive parents and the adoption industry, which is an institution, I argue, that is far from child-centered and beneficent. Because those most impacted by being adopted, adopted persons, are conspicuously absent in discussions of adoption, there is a great potential for epistemic injustice. These injustices are magnified when adoptees attempt to provide testimony that challenges the prevailing social script surrounding adoption. Using my lived experience as a domestic adoptee, as well as the testimony of many other adopted persons, I uncover and examine the ways adoptees are harmed in our capacities as knowers. Finally, after dispelling the myths that adoptist ideology upholds, I suggest ways to redress the otherwise hidden injustices of adoption. [ABSTRACT FROM AUTHOR]

Jury trials are supposed to encourage public trust in the criminal legal system while protecting fundamental fairness for the defendant. But how can the public help ensure the fairness of criminal trials when it has no meaningful way to understand the reality of what happens every day in criminal courtrooms across the country? This Article presents findings from an original pilot study-believed to be the first and largest such study-that collected and analyzed court documents and transcripts from seventy-five state criminal trials from one court in one state in one year. It posits that the public's understanding of the significance of a criminal defendant's testimony may be distorted and questions its ability to ensure fairness of trials and trust in the legal system when the public-including judges, prosecutors, and defense attorneys-is operating in the dark. The study found that defendants who testified had bettersentencing outcomes compared to those who did not, and they were more likely to be acquitted of their most serious offense and less likely to be sentenced to incarceration. By exploring these findings, the pilot study suggests that greater access to data from state criminal trials is critical to better understanding the significance of criminal defendants' testimony on trial outcomes. What we don't know matters because misunderstanding the reality of the decision to testify undermines the right to a fair trial and trust in the criminal legal system. [ABSTRACT FROM AUTHOR]

This paper draws on anonymous survivor testimonies shared on the Everyone's Invited platform to analyse continuities and differences in experiences and perceptions of youth rape culture across generations. Findings suggest that while there are stubbornly consistent patterns of harm in experiences of rape culture over decades, there is hope to be found in distinct perceptions of rape culture between survivors of different ages. This occurs specifically in the way young people wield the discourses and conceptual resources of society's reckoning with sexual violence to situate their experiences in a broader structural and cultural landscape, in spite of ongoing and entrenched institutional failings. While the experience of rape culture as a phenomenon continues much as it did decades ago, the mobilization of 'rape culture' as a conceptual resource amongst young people is increasingly visible at our current conjuncture, and this visibility is facilitated partly via digital connectivity and the expansion of personal testimony campaigns. [ABSTRACT FROM AUTHOR]

This paper focuses on the serious but not well-acknowledged problem related to legal transcript production in SNNPRS High Courts. It sheds light on how distortions of content are made in the testimonies of witnesses to the extent they may affect the legal evidential purpose transcripts could serve. Textual data were collected through audio-recording of court proceedings, review of legal transcripts and interviews. The findings indicated that legal transcription is conducted by employees who had qualification in computer science, but no training in legal transcription and the role that transcripts have in the judicial process. The High Courts of the region employ unilingual and inter-lingual modes of transcription, depending on whether limited court language-proficient witnesses who testify in their native tongue are provided with a court interpreter or not. Major language use problems that are observed in the legal transcripts were found to be attributable to lack of training, and lack of awareness on the part of judges, the judicial system and legal transcribers. [ABSTRACT FROM AUTHOR]

The purpose of this study was to investigate the legal, psychological, and tactical forensic aspects of communication with witnesses during court interrogation, as well as to determine the impact of these aspects on the use of their testimony as evidence and the dynamics of the trial. The methodological framework of the study included the theoretical analysis of the communicative aspects of testimonies, a review of scientific publications on this problematic, and the application of the structural and functional method. The study examined the communicative features of judicial examination of witnesses in criminal proceedings as a valuable tool for obtaining information about the factual circumstances of a case. The study showed that the success of a communication act during interrogation largely depends on the ability of the person conducting it to manage the course of communication and establish psychological contact with the witness. The complex and multifaceted nature of witness interrogation, which requires compliance with procedural rules and the use of forensic recommendations, was confirmed. It was found that psychological aspects play a significant role in communication during judicial interrogation. The study examined the role of the prosecutor and the defence lawyer in establishing the circumstances of the case through effective communication with witnesses. The study summarised the legal, psychological, and tactical features of obtaining testimony during various types of judicial interrogation, especially direct and cross-examination, with an emphasis on asking questions, including leading questions. This study will contribute to the development of practical recommendations for prosecutors and defence lawyers on effective communication with witnesses and improving their professional skills. [ABSTRACT FROM AUTHOR]

This microhistorical analysis of the witness testimony given during an inheritance dispute between a noble Piedmontese widow and her deceased husband’s nephew focuses on the political agency of witnesses. Although carefully selected and coached by legal counsel, the witnesses for the nephew undermined his case by repeatedly bringing up his gambling habit and poor money management. Witnesses like these took control of their depositions in order to introduce their own narrative into the judicial record and influence the outcome of a lawsuit. By considering the volatile political context in Piedmont, where a civil war had just ended, this paper argues that witnesses could use their testimony to gain a political voice. These witnesses turned on the litigant who had summoned them and expressed support for his adversary, thereby aligning themselves with the faction that had won the war and perhaps gaining a well-placed patron at the ducal court of Savoy. [ABSTRACT FROM AUTHOR]

The article deals with the diphthongization ý > ej in The Book of Testimonies of Buchlov Castle from the period of 1562–1654. The scope of the court comprised the area now dialectologically described as the western periphery of the East Moravian dialect group lying at the borderline with the Central Moravian dialect group. As books of testimonies were legal documents and had to be written with a minimum time lag and as faithfully as possible, they represent a specific source for understanding the lower-style language, although the scribes’ influence has to always be considered. The article presents a detailed analysis of the penetration of the new diphthong into the spoken and legal language. The distribution of diphthongization is described pursuant to selected linguistic and non-linguistic variables. The analysis thus presents diphthongization in nouns proper in comparison with the rest of the vocabulary, the word-stem and word-ending cases and also semantic classes. In addition to chronology, the roles of the individual scribes and the differences between the testimonies proper, the scribes’ notes and correspondence are explored. Finally, the findings are compared with the results of previous research, and the place of the books of testimonies within the period manuscript and printed production is specified. [ABSTRACT FROM AUTHOR]

In police interviews with child witnesses, ground rules like 'correct me when I say something wrong' are established. Establishing these ground rules is required by guidelines, with the aim of enhancing the reliability of children's testimonies. In this article, we use conversation analysis to examine how ground rules are practiced in thirty-eight Dutch police interviews with child witnesses. We focus on the police officers' use of test questions to practice such ground rules. We found that, often, these questions (at first) only consist of an if -clause. Questions with this format leave open whose turn it is and what the appropriate response should be. If -clause questions allow flexibility in the difficulty of the test question, and a subtle pursuit of a response from the child. Yet, they are also treated as problematic by children, shown by silences and hesitations. Surprisingly, the practicing of ground rules sometimes occasions affiliation. (Police interviews, children, testing, practicing, affiliation, conversation analysis, hypothetical questions) [ABSTRACT FROM AUTHOR]

This article focuses on the analysis and interpretation of 15 testimonies collected immediately after the war by David Boder and by the Polish Historical Institute in Sweden with women deported to Auschwitz, evacuated to Ravensbrück in its last two phases and then to Malchow. The study of their statements can provide both a historical overview of Ravensbrück and its sub camps in 1944 and 1945, and help identify the effects of the camp, an overthrown social context, on individuals, women in this case, and groups. The comparative exam of the interviews allows to identify the crucial events and experiences which constitute the core of the interviewees'narration and representation of the events. The situations and episodes they chose to recall may explain their perception of the events and reveals a gendered perspective which affected their memories in terms of the selection of the events and their focus on specific issues. The memories were recalled in relation to social frames, which were different from those the survivors were previously used to and pertained to the context of the camp. These coordinates constitute a net which can provide an insight into the mechanism of memory construction and early representation of the Holocaust. [ABSTRACT FROM AUTHOR]

Oral history constitutes one of the pivotal source categories through which we investigate the Holocaust. The more diverse the source base, the more accurately we can reconstruct the events that transpired. Initially, the study of Holocaust history heavily relied on German documents – essentially, viewing the events through the lens of sources produced by the perpetrators. These sources presented the perspective of the Holocaust's orchestrators and executors. [ABSTRACT FROM AUTHOR]

Criminal law evolution accentuates the contrast between traditional eyewitness testimonies and precise modern forensics. While testimonies offer depth, scientific methodologies provide unparalleled accuracy in investigations. This study examines the challenges and merits of both in light of technological advancements. The objective is to understand the evolving paradigm of scientific evidence in criminal justice, emphasizing its integration and balance with traditional evidentiary methods for upholding judicial integrity and revealing material truth. The result of this study is historical evolution in the theory of scientific evidence which has transitioned from relying on testimonies to verifiable scientific data, including advancements in DNA and cyber technology. This scientific approach, characterized by its objectivity, replicability, and measurability, offers a robust foundation for discerning truth and justice, surpassing the limitations of mere factual accounts. Modern criminal law’s integration of this evidence signifies a deep-rooted commitment to justice, ensuring verdicts are swift, fair, and grounded in undeniable truth. [ABSTRACT FROM AUTHOR]

This Note assesses whether the provisions in the Gauvain Bill Proposal could be a solution to two issues related to interviewee rights plaguing the United States' current anti-corruption framework--namely "watered-down Upjohn warnings" and the Connolly case's concern of "outsourcing" governmentcompelled testimony. The United States has been a leader in anti-corruption efforts due to its reliance on negotiated settlements, a framework in which internal investigations are key tools. This Note will first explain France's historical lag in the fight against corruption, as well as the pressures that pushed it to adopt a U.S.-style approach. Next, it will outline the two issues mentioned above which are present in the United States and explain the relevance of enhanced interviewee rights within anti-corruption efforts. Finally, it will consider Article 7 of the Gauvain Bill Proposal, finding that while it bolsters interviewee rights by essentially codifying a clear Upjohn warning standard and reducing conflicts of interest, it is only a partial solution to combat corruption. The Gauvain Bill Proposal establishes a number of rights for interviewees; however, these only apply to internal investigations which occur simultaneously with criminal investigations. Additionally, while the proposed bill would create an independent ad hoc committee designed to lead the internal investigation on behalf of the corporation and diminish any potential conflicts of interest should corporate executives be incriminated, it remains unclear whether this would in fact clarify the scope of representation for interviewees. Finally, the Gauvain proposals codify a right to silence which at first glance would seem to address Connolly issues. Paired with the need for close government cooperation, the proposal's failure to create guarantees against retaliation and the inference of guilt contribute to the likelihood of governmentcompelled testimony. [ABSTRACT FROM AUTHOR]

In two studies, we examined if correct and incorrect statements in eyewitness testimony differed in semantic content. Testimony statements were obtained from participants who watched staged crime films and were interviewed as eyewitnesses. We analyzed the latent semantic representations of these statements using LSA and BERT. Study 1 showed that the semantic space of correct statements differed from incorrect statements; correct statements were more closely related to a dominance semantic representation, whereas incorrect statements were more closely related to a communion semantic representation. Study 2 only partially replicated these findings, but a mega-analysis of the two datasets showed different semantic representations for correct and incorrect statements, with incorrect statements more closely related to representations of communion and abstractness. Given the critical role of eyewitness testimony in the legal context, and the generally low ability of fact-finders to estimate the accuracy of witness statements, our results strongly call for further research on semantic content in correct and incorrect testimony statements. [ABSTRACT FROM AUTHOR]

Machine-generated evidence is now ubiquitous in criminal trials, and more sophisticated forms of inculpatory evidence are on the way. Courts have almost universally held that the Confrontation Clause does not give criminal defendants a constitutional right to confront machine-generated evidence, except in narrow cases where the evidence also contains testimonial statements made by a human operator. Several scholars have countered that the Confrontation Clause should be read more broadly to consider machine accusers as "witnesses" that trigger confrontation rights. While cross-examination has been the traditional confrontation right in the American legal system, there are machine analogs such as source code disclosure, broadened discovery, machine access, and expanded live testimony that could be afforded to criminal defendants facing machine-generated evidence. This Note presumes that the right to machine confrontation should exist and focuses on which of the proposed alternatives constitutes meaningful machine confrontation in light of the technology at issue. Existing calls for machine confrontation propose blanket solutions without fully considering the practical concerns judges invoke, the realities defense attorneys face, or the types of technology involved. This Note aims to fill this gap with three contributions. First, it provides a comprehensive view of the technologies entering criminal trials, including those sophisticated tools that will one day dominate discussion. Second, it proposes a taxonomy of the technological characteristics underlying these tools, focusing on characteristics that implicate the Confrontation Clause's concerns about dignity and reliability. Third, it considers how these underlying characteristics dictate which proposed confrontation rights would be most meaningful. A machine-specific approach like the one proposed here serves three important functions. First, by considering how machine confrontation would work, it rebuts the judicial argument that such confrontation is impossible or impractical. Second, it offers practical guidance for defendants and cash-strapped attorneys who must face these machines. Third, it sets the stage for other interventions--if judges continue to reject the Confrontation Clause as the vehicle to respond to the problems of machine-generated evidence, legislatures and rulemaking bodies will need guidance on how to structure alternatives. [ABSTRACT FROM AUTHOR]

According to the popular culture of criminal trials, skillful cross-examination can reveal the whole "truth" Of what happened. In a climactic scene, defense counsel will expose a lying accuser, clear up the statements of a confused eyewitness, or surface the incentives and biases in testimony. Constitutional precedents, evidence theory, and trial procedures all reflect a similar aspiration-that cross-examination performs lie detection and thereby helps to produce accurate outcomes. Although conceptualized as a protection for defendants, cross-examination imposes some unexplored costs on them. Because it focuses on the physical presence of a witness, the current law of confrontation suggests that an opportunity for in-person questioning suffices to ensure the reliability of testimony. Confidence in the value of demeanor evidence endures despite extensive social science on the garbled signals that nonverbal cues send. That misplaced trust can lead to the admission of problematic evidence that has not otherwise been substantively tested. Reliance on cross-examination also precludes development of broader potential meanings of defendants' Sixth Amendment right to confront the government's case, which could require access to the reports and resources necessary to conduct effective questioning. In addition, appellate courts often point to cross-examination when they decline to consider trial errors or to evaluate the deficiencies of defense counsel. This Essay challenges conventional wisdom about the purposes of cross-examination. It suggests that a clearer view of its role could lead to deeper evaluation of the reliability of testimony, broader challenges to prosecution evidence, and more complete review for error. [ABSTRACT FROM AUTHOR]

Medical professionals strive for a culture of safety in which error is anticipated, systems are designed to catch an error before it causes harm, and each event is an opportunity for specific clinicians and the system they work in to improve. A culture of safety is based on behavioral ethics, which recognizes that the automatic functions of the human mind can lead good people to misstep, and it incorporates tools such as checklists that embody critical thinking in order to help limit missteps and associated harm. Although the discussion surrounding a culture of safety often focuses on patient care, the social contract between physicians and society involves expectations that physicians will use their expertise to promote the public good in all of their professional endeavors. For example, lapses in professional conduct in the management of conflicts of interest and in ethical marketing have led to restrictions in physician self-regulation. Orthopaedic surgeons can cultivate a culture of safety and a growth mindset across all aspects of the profession, including media coverage of musculoskeletal illness, surgeon participation in informational media (e.g., podcasts and blogs), the marketing of oneself or one's practice, practice patterns and variations, academic discourse, expert legal testimony, the development and implementation of policy and law, and commercial ventures. Systems that anticipate the human potential for missteps; create tools, tactics, and structures to limit missteps and associated harm; and support surgeons and their teams in all professional endeavors can contribute to the effective and fulfilling promotion of the public good. [ABSTRACT FROM AUTHOR]

Whether we realize it or not, our smartphones/tablets store an extremely rich amount of information about ourselves, our daily activities, secrets, preferences, and plans. To talk about professional or purely private matters, we use communicators. For this data, modern technology gives us a sense of security. We are reassured by encryption based on alphanumeric codes. But remembering passwords that are too complex is inconvenient. That's why we often use biometric security - fingerprint readers or facial recognition. Not only for the unlocking of the device, but also for the effective use of many applications (e.g. mobile banking). But evidence of a crime could be a file, document, photo or conversation stored only on our device. Our crime. If law enforcement demands that we unlock the device, what should we do? Looking at modern legal solutions in this area, the international standard of not incriminating oneself is clear - we cannot be forced to reveal information stored only in memory (e.g. passcode). However, when it comes to whether we are required to place our thumb on a reader or look into a Face ID camera, the law is silent or extremely inconsistent. Paradoxically, the technology that makes our data more secure seems to have the opposite effect of diminishing our fundamental rights as potential suspects. The most troubling threads in this area will be addressed in this paper. Where do we stand? What's next for our fair trial rights? [ABSTRACT FROM AUTHOR]

Since the 1980s, the global dimensions of institutional child sexual abuse have become increasingly apparent. In some countries this has had a profound impact locally. In Australia, one such place has been the storied town of Ballarat. Throughout Australia's Royal Commission into Institutional Responses to Child Sexual Abuse, Ballarat became a significant focus of the Inquiry. As local abuse became clearer, colourful ribbons began appearing at sites throughout the town. This article investigates the meaning of such a response, and its role in relation to survivor testimony. Transforming into a movement that persists to this day, the effect is to reconsolidate a community's 'difficult heritage' of institutional abuse into a more celebrated story of rebellion and protest. The originality of the article stems from the contribution it makes to understanding community-level responses to institutional abuse, and the role of ritual in the formation of collective memory. [ABSTRACT FROM AUTHOR]

During the COVID-19 pandemic, when society fought an aggressive and deadly virus, our connection to the outside world became predominantly virtual. Videoconference technology became essential in state and federal civil judicial proceedings. In light of the unprecedented challenges presented by the pandemic and its long-lasting impact on the criminal justice system, this Article argues for amending Federal Rule of Criminal Procedure 26 to permit remote witness testimony when a witness is unavailable. [ABSTRACT FROM AUTHOR]

Based on the categories of practices and social frameworks of memory, this article analyses the testimonies of ex-combatants and descendants of the Batallón Colombia, a contingent of the Colombian Army that participated in the Korean War (1950-1954). It reconstructs the contexts in which these narratives of the past were produced, the public they addressed and their transformations over time. The analysis covers the period between 1958, when the first veterans' association was founded, and the collection of testimonies in 2021 and 2022. Methodology: To account for the above, we used qualitative techniques, such as memory workshops and interviews with ex-combatants and relatives identified through the associations of veterans and family members or descendants. Originality: The research is based on aspects that are not usually contemplated by historiography, such as testimonial analysis, which shows how ex-combatants and descendants describe their participation in the Korean War, the enunciation places of their stories, the changing historical contexts in which they move and the uses of these ways of naming the past. Conclusions:The analysis allows us to account for the historicity and transformation of how direct and indirect witnesses of this war--whose memories do not play an important role in the public debate--narrate the past and show the role of identity and social demand played by the testimonies in forming social organizations. [ABSTRACT FROM AUTHOR]

Eyewitness testimony serves as important evidence in the legal system. Eyewitnesses of a crime can be either the victims themselves—for whom the experience is highly self‐referential—or can be bystanders who witness and thus encode the crime in relation to others. There is a gap in past research investigating whether processing information in relation to oneself versus others would later impact people's suggestibility to misleading information. In two experiments (Ns = 68 and 122) with Dutch and Chinese samples, we assessed whether self‐reference of a crime event (i.e., victim vs. bystander) affected their susceptibility to false memory creation. Using a misinformation procedure, we photoshopped half of the participants' photographs into a crime slideshow so that they saw themselves as victims of a nonviolent crime, while others watched the slideshow as mock bystander witnesses. In both experiments, participants displayed a self‐enhanced suggestibility effect: Participants who viewed themselves as victims created more false memories after receiving misinformation than those who witnessed the same crime as bystanders. These findings suggest that self‐reference might constitute a hitherto new risk factor in the formation of false memories when evaluating eyewitness memory reports. [ABSTRACT FROM AUTHOR]

The article discusses the court case State v. Green, wherein a college football player was accused of sexually assaulting seven women. Topics discussed include the notability of case law concerning Utah Rule of Evidence, the acceptance by the trial court of the testimony under the doctrine of chances for the purpose of demonstrating that the women were not fabricating their claims, and the appeal of Green on grounds that the other acts evidence was improperly admitted.

Whether or not there is such a thing as moral expertise, and, if so, what constitutes it, is much debated. Empirical expertise bestows epistemic authority over propositional content; that is not the case in moral domains, technical expertise notwithstanding. This article identifies three types of agencies with some authority over decisions in moral matters. It shows that the source of the authority wielded by such agencies, while varying across the three forms identified, is based on empirical and technical knowledge and does not derive solely from any moral expertise of its members. The article examines, and finds wanting, two recent arguments for giving others authority over moral content. [ABSTRACT FROM AUTHOR]

The 1882 Belt v. Lawes libel trial centered around aesthetic questions, of precisely the kind that judges usually seek to avoid. The trigger for the dispute was an article in Vanity Fair by Charles Lawes, asserting that Richard Belt, a sculptor and member of the Royal Academy of Arts, relied on his assistants to do his work. At trial, Lawes proposed an artistic skills test of sorts, suggesting that Belt verify his abilities by executing a sculpture in the courtroom. This evidentiary drama, and the aesthetically-freighted arguments mustered by the parties at trial, make it a fruitful historical episode to study conceptions of authorship and the artistic process, the development of modern copyright doctrine, and the status of expert artistic testimony in the law. [ABSTRACT FROM AUTHOR]

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This article discusses the Jessica Wongso cyanide coffee case, focusing on the doctrine of causality and the proof of criminal actions. The research analyzes the case using qualitative research methods and concludes that the doctrine of causality is crucial in determining the cause of prohibited effects. The judge relied on witness testimony, expert testimony, and evidence to prove Jessica's crime, resulting in a 20-year prison sentence. The article emphasizes the importance of these teachings in criminal law, despite the controversy surrounding the case. The use of indirect evidence in proving Jessica's guilt is also discussed, highlighting the role of evidence in the legal process. [Extracted from the article]

The purpose of this paper is to discuss the relationships between memory, violence, and social inscription of the subject in the novel A verdade de Chindo Luz, by Joaquim Arena, and, based on these points, draw some considerations about the representations of colonialism in the work and its consequences for a state of psychic suffering and non-identitarian belonging of the characters. Joaquim Arena’s novel revolves around a group of Cape Verdean immigrants in Portugal, more specifically focused on the Luz family, which arrived in the country between 1977 and 1978, the only black people in the neighborhood. The structure of the narrative is similar to a detective story, where, from the beginning, mysteries are presented that need to be solved. However, more than the mysteries and their solution in relation to the police investigation, the approach intended here aims to discuss the testimony beyond the legal aspects, in its function of symbolic elaboration of trauma. To do this, it is intended to use authors such as Tzvetan Todorov as theoretical support to discuss narrative structures and the specificities of the detective novel. In addition, authors such as Michele Simondon, Márcio Seligmann-Silva, Sigmund Freud, Vilém Flusser, Cathy Caruth, and Walter Benjamin will be used to think about the relationship between trauma, memory, and testimony in its aspect of symbolic elaboration of extreme events and identitarian belonging. [ABSTRACT FROM AUTHOR]

When tasked with recalling a heard conversation, most individuals are unable to remember specific details. In this study, we tested the effect of Verbatim Recall Instruction (VRI) at recall. Drawing on fuzzy-trace theory, we hypothesised that the use of VRI would lead earwitnesses to use their verbatim mnesic trace to produce a more detailed recall. We compared the quantity and the quality of 42 recalls from participants who had received the VRI or the Free Recall Instruction (FRI). We analysed the level of detail of participants' recall along a fuzzy to verbatim continuum. Results showed that participants having received a VRI recalled information that was more correct and closer to the original phrasing. However, differences in procedure make the VRI difficult to compare with other studies. Methodological differences are accordingly discussed. Findings suggest that VRI encourages the recollection of verbatim traces, in turn benefiting the recall of detailed elements of a conversation. These findings support fuzzy-trace theory. [ABSTRACT FROM AUTHOR]

The paper discusses the changes in Székely society during the sixteenth and seventeenth centuries. The topic is presented from a legal historical perspective because the scholarly literature has either paid no substantial attention to the legal framework of the early modern era or failed to utilize the sources relevant for Székely society. By re-examining already known sources and analyzing new ones, i.e., judicial proceedings, testimonies, contract and personal letters, it appears that the main turning points of the history of Székely society have been misinterpreted in some aspects, and a series of new questions have emerged that are yet to be answered. [ABSTRACT FROM AUTHOR]

Copyright of Religación: Revista de Ciencias Sociales y Humanidades is the property of Religacion: Revista de Ciencias Sociales y Humanidades and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In January 2006, the landmark judgment made by the Syariah High Court of Seremban in the case of Nyonya Binti Tahir, Ex-Parte Majlis Agama Islam Negeri Sembilan that Nyonya Binti Tahir was no longer a Muslim at the time of her death and allowed her family to carry out her funeral. The decision was held after the Syariah High Court Judge considered the deceased affidavit and the testimonies of the deceased children who are non-Muslims. The decision contrasted with one made in December 2005, Kaliammal a/p Sinnasamy v. Pengarah Jabatan Agama Islam Wilayah Persekutuan (JAWI), in which the Federal Territories of Syariah High Court determined that the deceased, Mount Everest climber Moorthy a/l Maniam, was a Muslim based on a military record, despite not having heard the testimony from his wife, Kaliammal. The Syariah Court of the Federal Territories refused to hear her testimony since she did not have any stand to testify in court. This case commentary critically analyses the rationale behind the Syariah High Court's decision in the following case Nyonya Binti Tahir, Ex-Parte Majlis Agama Islam Negeri Sembilan in admitting non-Muslim testimony in the Syariah court. [ABSTRACT FROM AUTHOR]

This article is based on 48 interviews and five writing testimonies of 23 men convicted, incarcerated and released from high‐security prisons in the French part of Switzerland. Through a longitudinal and phenomenological perspective, this contribution explores the role of affective states in desistance from crime. The findings show that giving up crime requires navigating through three 'emotional seeds' that qualify the most significant affective states of the desistance process: distress; disillusionment; and hope. Thus, this research develops the notion of 'emotional balance' in desistance from crime, which consists of being neither overwhelmed by one's feelings nor repressing them. [ABSTRACT FROM AUTHOR]