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Evidentiary value and evidentiary status of blockchain evidence The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2024-03-20 Zelin Su
Blockchain evidence is a technical method for evidence storage, transmission and fixation. Its evidential value has a dual nature, reflected in the fact that it cannot be absolutely tamper-resistant, can only provide periodic assurance of evidence authenticity and the commonly used consortium chains do not possess all the benefits of public chains. Simultaneously, blockchain evidence occupies a unique
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Responding to the danger of wrongful conviction for historical sexual abuse: A case for resurrecting abuse of process for delay? The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2024-03-19 Holly Greenwood
This article examines the potential risk of wrongful conviction for defendants facing historical sexual abuse charges where there is substantial delay. This risk arises from problems with truth-finding based on witness testimony, challenges posed by missing evidence and the increasing erosion of procedural safeguards. This article considers two recent proposals for reform, including first, whether
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The propensity to control: Non-sexual violence as probative of sexual offending in the intimate partner context The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2024-03-15 Caccia Armstrong, Anna High
This article explores, with reference to four recent New Zealand appellate court decisions, the use of evidence of prior non-sexual offending by a defendant against the same complainant offered to prove sexual offence charges. Such ‘relationship propensity evidence’ can be particularly crucial for explaining the defendant–complainant dynamic in cases involving intimate partner violence. However, in
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Empowering jurors to ask questions about the expert evidence in criminal trials The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2024-03-15 Jacqueline Horan
Jurors in common law jurisdictions receive a large amount of complex information about their role in the court process at the start of the trial. One common instruction is that, if the jurors have any questions, they can put their questions in writing to the judge. This article explores whether the current jury question process offers jurors a viable way in which to fill in perceived gaps in their
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Search and seizure of electronic devices in India: time for a change? The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2024-02-20 Malika Galib Shah, Akash Gupta, Arushi Bajpai
In the past two decades, there has been an exponential rise in the use of technology for commission of crimes. In certain scenarios, investigation of such crimes call for inspections of an accused's personal electronic devices. In India, there is no law regulating the field of search and seizure of electronic devices in a criminal investigation. Only recently, Virendra Khanna v State of Karnataka laid
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The standard of proof and crime prevention: A theoretical and empirical analysis The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2024-01-27 Ezequiel Malarino
Since fallibility is unavoidable, any criminal justice system must decide how the risk of error should be distributed. The traditional view holds that a false conviction is morally far worse than a false acquittal. Therefore, erroneous outcomes must be distributed asymmetrically to avoid, to the highest possible extent, convicting the innocent. This article casts doubts on this assumption. It postulates
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Similar fact evidence in contractual interpretation: Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37 The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2024-01-16 Calvin Chirnside
In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee
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Legal transcription service in the light of access to justice in the Southern Nations, Nationalities and Peoples’ Regional State (SNNPRS) judicial system The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2024-01-03 Mengistu Dinato Didena
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
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Re-thinking notions of evidence and proof for sentencing: Towards a more communitarian model The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2023-05-07 Ralph Henham
Judges and magistrates are often criticised for failing to take sufficient account of social factors such as poverty and social deprivation when sentencing offenders. The implication is that the se...
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Digital evidence in defence practice: Prevalence, challenges and expertise The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2023-04-20 Dana Wilson-Kovacs, Rebecca Helm, Beth Growns, Lauren Redfern
This article examines how criminal defence lawyers in the English adversarial system understand and use digital evidence (DE). Its first aim is to provide an empirical insight into their practices....
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Indigenous storytelling and admissibility in common law courts: Developing the protocols for the reception theory of evidence The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2023-03-28 Zia Akhtar
The claims for the restitution of legal estate by the Indigenous peoples are often without the benefit of a written agreement when they have to prove a spatial and temporal connection with ancestra...
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The curious case of the jury-shaped hole: A plea for real jury research The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2023-01-04 Lewis Ross
Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding thei...
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‘Show me what happened’: Low technology communication aids used in intermediary mediated police investigative interviews with vulnerable witnesses with an intellectual disability The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-12-27 Tina Pereira, Michelle Aldridge
This study investigates the manner in which two types of communication aids (wooden mannequins and line drawings) that are selected, introduced and managed in real intermediary-mediated police inve...
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Non-defendant bad character and s. 100 of the Criminal Justice Act 2003: A socio-legal analysis of admissibility gateways and trial tactics The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-12-27 Matt Thomason
This article presents a socio-legal analysis of the use of non-defendant bad character evidence in Crown Court criminal trials in England. Combining an in-depth doctrinal analysis of s. 100 of the ...
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The contemporary status of rape shield laws in India The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-11-27 Nikunj Kulshreshtha
This article critically analyses the current status of rape shield laws in India. The article begins by assessing the effectiveness of these laws by examining the statutory provisions and judicial ...
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Fight, flight, freeze…or lie? Rethinking the principles of res gestae evidence in light of its revival The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-11-27 Ruth Coffey
This paper argues that it is long past time that res gestae evidence under the Criminal Justice Act 2003 s. 118(1)4(a), described here as ‘emotionally-overpowered statements’, was abolished. Res ge...
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Putting the ‘presumption’ back in the ‘presumption of innocence’ The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-09-10 Forest Yu
This article tackles the question: can the Presumption of Innocence (PoI) be a presumption? Whereas many criminal law theorists rejection such a notion, I draw inspiration from argumentation theori...
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Getting people thinking and talking: An exploration of the Attorney General’s 2020 guidelines on disclosure The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-09-10 Cerian Griffiths
This article evaluates the recent Attorney General's Guidelines on disclosure in criminal cases. These Guidelines signal a further step away from adversarialism, towards an internally incoherent ju...
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Handle with care: Jury deliberation and demeanour-based assessments of witness credibility The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-08-24 James Chalmers, Fiona Leverick, Vanessa E. Munro
It is unclear how effectively jurors perform their task of assessing witness credibility. Drawing on evidence from a mock jury study involving 863 mock jurors deliberating across 64 juries, and bui...
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Likelihood ratios in psychological expert opinion, and their reception by professional judges The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-08-22 Eric Rassin, Nurul Arbiyah, Irena Boskovic, Henry Otgaar, Harald Merckelbach
In various countries, forensic scientists have begun to express their expert opinion in terms of the likelihood of observing the evidence under the primary and under an alternative hypothesis (i.e....
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An Unforeseen Alliance: The Experience of Mental Health Professionals when Testifying in Sexual Assault Criminal Proceedings The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-08-22 Inbar Cohen
Introduction: Court testimonies of mental health expert witnesses (MHEWs) received scholarly attention regarding paradigmatic differences, and ethical issues, neglecting the testimony experience. T...
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The beyond a reasonable doubt standard of proof: Juror understanding and reform The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-07-25 Olivia K. H. Smith
The beyond a reasonable doubt (BARD) standard of proof is the foundation of criminal court proceedings in the U.S. However, both empirical and field studies alike demonstrate that jurors do not cor...
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Evidence, probability and relative plausibility The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-07-25 Colin Aitken, Franco Taroni, Silvia Bozza
A comparison is made between probability and relative plausibility as approaches for the interpretation of evidence. It is argued that a probabilistic approach is capable of answering the criticism...
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When you say nothing at all: Invoking inferences from suspect silence in the police station The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-06-10 Yvonne Daly, Ciara Dowd, Aimée Muirhead
Drawing on qualitative research with criminal justice professionals, this article explores the practical operation of provisions allowing for inferences to be drawn from silence at the point of pol...
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The peculiarity of American evidence law: An outsider's observation and reflection The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-06-10 Zhuhao Wang
American evidence law is puzzling. It is essentially a large class of exclusionary rules barring certain types of otherwise relevant evidence from reaching the trier of fact at trial, although the ...
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Exclusion of evidence in times of mass surveillance. In search of a principled approach to exclusion of illegally obtained evidence in criminal cases in the European Union The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-05-16 Michele Panzavolta, Elise Maes
The article discusses the rationales for excluding illegally obtained evidence in criminal cases starting from two recent judgments of the European Court of Justice on mass data collection. The two...
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Intermediaries in Chile: Facilitating the right of child victims and witnesses to participate and be heard in criminal trials The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-05-09 Valentina Gabriela Ulloa, Nicolás Pietrasanta, Rocío Acosta
The intermediary system is a special measure designed to support the participation of vulnerable witnesses in the judicial system. In Chile, this model was initially incorporated in six regions with the application of Law 21.057 in October 2019. The measure establishes that a specially trained professional from the criminal justice system must facilitate communication during a trial between the court
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Corrigendum to Making the case for ECRIS: Post-‘Brexit’ sharing of criminal records information between the European Union and United Kingdom The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-03-23
Jackson AM, Davies GL. Making the case for ECRIS: Post-‘Brexit’ sharing of criminal records information between the European Union and United Kingdom. The International Journal of Evidence & Proof, 2017;21(4):330–350. doi:10.1177/1365712717692813
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Here is a table: A prolegomenon to a future new evidence scholarship in Africa The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-03-01 Tshepo Bogosi Mosaka
While it has revolutionised Evidence scholarship in the Euro-American world (mainly common law jurisdictions), the New Evidence Scholarship (‘NES’) movement is yet to arrive on African shores. African Evidence scholarship still largely reflects the relatively antiquated ‘golden age of doctrinal Evidence scholarship’, anchored by leading figures such as Bentham, Stephen, Thayer and Wigmore. This essay
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Legal advice privilege: The legacy of Three Rivers (No. 5) and the challenge of providing consistent protection to all client types The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-02-17 Michael Stockdale, Rebecca Mitchell
Legal advice privilege operates in the corporate context subject to a dominant purpose test and an agency-based control mechanism. This mechanism fails to reflect the privilege's rationale and prevents the dominant purpose test from giving corporations the same level of protection that the privilege provides to other client types. Following analysis of approaches in other common law jurisdictions,
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Turning a graphical method of evidential reasoning into an operational tool for judges? Empirical evidence The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2022-02-07 Olivier Leclerc, Etienne Vergès, Géraldine Vial
Research on graphical methods of reasoning has made enormous progress since the pioneering work of Wigmore in the early 20th century and its later rediscovery in the 1980s. While the usefulness of graphical methods for student training and research is widely acknowledged, their use by judges remains marginal, if not non-existent, even though this was Wigmore's objective. This article explores the difficulties
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DNA as ‘ready-made evidence’: An analysis of Portuguese judges’ views The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-12-30 Susana Costa
The introduction of biological evidence in judicial settings raises particular modes of entanglement between professional cultures and perceptions of the probative value of evidence. When DNA evidence reaches court, it also challenges the perceived margins of critical assessment of the work and understandings of previous links in the chain of custody, like the criminal police, forensic experts and
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Resuscitating criminal courts after Covid-19: Trialling a cure worse than the disease The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-12-15 Mike McConville, Luke Marsh
Abstract This article, focusing on the issue of custody time limits litigated under Covid-19 conditions, sets out how reasoned decisions to refuse to extend custody for unconvicted defendants excited the disapproval of senior judges such that fundamental changes were made to evidence, procedure and proof as well as effecting permanent manipulation of the composition of the adjudicating panels authorised
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Special investigative measures: Comparison of the Serbian Criminal Procedure Code with the European Court of Human Rights Standards The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-12-01 Veljko Turanjanin
This paper is focused on several important issues that deal with special investigation measures. The main perspective of the analysis is based on the ECtHR case law on this issue. Two issues are from primary interests: secret monitoring of communication and undercover investigator. Intensive ICT development enables various modern techniques and methods of crime investigation but also results in some
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Private communication between lawyers as evidence in a judicial process: A comparative journey The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-12-01 Joan Pico i Junoy, Juan Antonio Andino López
In professional negotiations between lawyers, it is usual to share information, data and documents that could be protected with legal privilege. This paper analyses, from a comparative perspective, the possible evidentiary use of the documents that a lawyer obtains from the opposing lawyer in a subsequent judicial process. A conflict is presented here between two fundamental procedural guarantees:
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Combating the ‘myth of physical restraint’ in human trafficking and modern slavery trials heard in the Crown Court The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-12-01 Jack Murphy
The greatest hurdle to an effective criminal justice response to human trafficking is the prevalence of myths about how exploitation happens and who ‘counts’ as a genuine victim. This includes the myth that, to be a genuine victim, an individual must have been subject to some form of physical restraint. Previous work has demonstrated how this myth undermines trafficking prosecutions in various jurisdictions
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Are all complainants of sexual assault vulnerable? Views of Australian criminal justice professionals on the evidence-sharing process The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-12-01 Sarah L. Deck, Martine B. Powell, Jane Goodman-Delahunty, Nina Westera
Cases of historic child assault typically rely on the complainant's narrative due to lack of corroborating evidence. Although it is important that complainants give their best evidence, concern has been expressed that evidence-sharing procedures are suboptimal. This study explored criminal justice professionals’ perspectives on the utility of introducing reforms to the evidence-sharing process. We
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Witness Statements for Employment Tribunals in England and Wales: What are the ‘Issues’? The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-10-04 Michelle Mattison, Penny Cooper
In England and Wales, Employment Tribunals (ETs) hear claims from persons who believe that an employer, or potential employer, has treated them unlawfully. Witness statements form part of the evidence considered by ETs, but research is lacking with regard to the methods used to produce ET witness statements. This study presents the findings from 40 semi-structured interviews with ET judges, panel members
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Evaluating witness testimony: Juror knowledge, false memory, and the utility of evidence-based directions The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-09-16 Rebecca K. Helm
Eyewitness evidence is often important in criminal cases, but false or misleading eyewitness evidence is known to be a leading cause of wrongful convictions. One explanation for mistakes that jurors are making when evaluating eyewitness evidence is their lack of accurate knowledge relating to false memory. This article examines lay beliefs relating to memory and ways in which they diverge from expert
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Reported communication challenges for adult witnesses with intellectual disabilities giving evidence in court The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-09-08 Joanne Morrison, Jill Bradshaw, Glynis Murphy
Communication plays a key role in a witness's ability to give evidence and participate in the court process. Adults with intellectual disabilities (ID) can be negatively impacted by communication difficulties such as: limitations in recall abilities; suggestibility to leading questions; difficult question styles used by advocates; and unfamiliar language used within the court setting. Most research
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Whither, hither and thither, Res Gestae? A comparative analysis of its relevance and application The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-09-08 Edwin Teong Ying Keat
In Singapore, the common law doctrine of res gestae (‘RG’) risks becoming extinct given the statutory inclusions of hearsay evidence. Further, the test for RG is unsettled. This article thus argues that RG is still relevant but must be applied principally. It is relevant because first, it is unwise to uproot a doctrine existing since 1808. Second, comparative analysis of cases from United Kingdom,
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Proving non-fatal strangulation in family violence cases: A case study on the criminalisation family violence The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-09-06 Heather Douglas, Robin Fitzgerald
Non-fatal strangulation is recognised as a common form of coercive control in violent relationships. Overwhelmingly it is perpetrated by men against women. It is dangerous both because of the immediate and serious injuries it can cause, and the risk of future violence associated with it. A discrete offence of non-fatal strangulation has been introduced in many countries. Queensland, Australia introduced
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Evidence, Risk, and Proof Paradoxes: Pessimism about the Epistemic Project The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-08-03 Giada Fratantonio
Why can testimony alone be enough for findings of liability? Why statistical evidence alone can't? These questions underpin the ‘Proof Paradox’. Many epistemologists have attempted to explain this paradox from a purely epistemic perspective. I call it the ‘Epistemic Project’. In this paper, I take a step back from this recent trend. Stemming from considerations about the nature and role of standards
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The exclusion of prison informant evidence for unreliability in New Zealand The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-05-05 Anna High
Prison informant or ‘jailhouse snitch’ evidence is a notoriously unreliable category of evidence. In light of reliability concerns, the New Zealand Supreme Court has adopted a progressive approach to the exclusion of prison informant evidence, centred on greater use of general exclusionary provisions as a threshold of reliability for the admission of suspect evidence. In so doing, the court has shifted
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Civil liability and the 50%+ standard of proof The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-05-12 Martin Smith
The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak—there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s
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An epistemological analysis of the use of reputation as evidence The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-05-05 Andrés Páez
Rules 405(a) and 608(a) of the Federal Rules of Evidence allow the use of testimony about a witness’s reputation to support or undermine his or her credibility in trial. This paper analyses the evidential weight of such testimony from the point of view of social epistemology and the theory of social networks. Together they provide the necessary elements to analyse how reputation is understood in this
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Law enforcement investigation of non-sexual child abuse: Physical abuse, neglect and Abusive Head Trauma The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-04-28 Sarah Shaffer, Nadja Schreiber Compo, J Zoe Klemfuss, Joanna Peplak, Julio Mejias
This study examined the experiences of law enforcement in investigating physical abuse, neglect and Abusive Head Trauma (AHT). Law enforcement (N = 388) in the United States were surveyed regarding case characteristics, investigative strategy, interrogative approaches, frequency/content of perpetrator admissions and interagency interaction across cases of physical abuse, neglect and AHT. Results revealed
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Rethinking the relationship between reverse burdens and the presumption of innocence The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-04-04 Jackson Allen
Criminal lawyers regard burdens of proof placed on the accused with deep suspicion. Recently, this suspicion has spurred an interest in how to reconcile these so-called ‘reverse burdens’ with the rule that it is for the prosecution to prove guilt beyond a reasonable doubt in a criminal trial. Though views on this differ among commentators, all reach their conclusions by reference to the presumption
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Admissibility of confession evidence: Principles of hearsay and the rule of voluntariness The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-04-04 Jennifer Porter
The common law test of voluntariness has come to be associated with important policy rationales including the privilege against self-incrimination. However, when the test originated more than a century ago, it was a test concerned specifically with the truthfulness of confession evidence; which evidence was at that time adduced in the form of indirect oral testimony, that is, as hearsay. Given that
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To the exclusion of all others? DNA profile and transfer mechanics—R v Jones (William Francis) [2020] EWCA Crim 1021 (03 Aug 2020) The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-04-04 Kyriakos N. Kotsoglou, Carole McCartney
This case note deals with doctrinal and inferential issues around the use of DNA in the criminal process, in particular DNA alone, as a case to answer.
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The values of prediction in criminal cases The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-04-04 Hylke Jellema
Like scientists, investigators and decision-makers in criminal cases both explain known evidence and use the resulting explanations to make novel predictions. Philosophers of science have made much of this distinction, arguing that hypotheses which lead to successful predictions are—all else being equal—epistemically superior to those that merely explain known data. Their ideas also offer important
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‘I am not beholden to anyone… I consider myself to be an officer of the court’: A comparison of the intermediary role in England and Wales and Northern Ireland The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-04-04 John Taggart
Intermediaries were first introduced by the Youth Justice and Criminal Evidence Act (1999) to facilitate communication between individuals with communication needs and the criminal justice system. Yet, despite increased academic attention into this new criminal justice actor, the content of the role remains unclear. Findings from 31 interviews with intermediaries in England and Wales and Northern Ireland
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Zombie forensics: the use of the polygraph and the integrity of the criminal justice system in England and Wales The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-01-05 Kyriakos N. Kotsoglou
The criminal justice system of England and Wales increasingly deploys the polygraph to extract information from released offenders. Although there is little judicial authority regarding the admissibility of polygraph evidence, we should not misinterpret silence as legal uncertainty. The paper will, first, show that the central claim for the understanding of the polygraph—i.e. the presupposition that
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Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-01-01 Tyrone Kirchengast
The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family
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A case study on shortage of evidence in wrongful convictions in China The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2021-01-01 HE Jiahong
The judiciary can only get to know the facts of a case that occurred in the past through limited evidence, and even with the shortage of evidence, the facts are fuzzy just like the moon on water. Wrongful convictions are very often based on a shortage of evidence and an ambiguity of facts. In those cases, judges face a dilemma in finding facts and applying rules of law. In order to prevent wrongful
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The Moorov doctrine and coercive control: Proving a ‘course of behaviour’ under s. 1 of the Domestic Abuse (Scotland) Act 2018 The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2020-10-01 Ilona Cairns
In 2019, a distinct offence of ‘abusive behaviour towards partner or ex-partner’ (‘domestic abuse’) came into force in Scotland via s. 1 of the Domestic Abuse (Scotland) Act 2018. This new offence has been celebrated for its meaningful incorporation of the concept of coercive control (Evan Stark has described the 2018 Act as ‘gold standard’ legislation) and may serve as a model for other jurisdictions
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Hearsay evidence in Uganda: Understanding its meaning, admissibility and probative value The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2020-09-22 Jamil Ddamulira Mujuzi
In Uganda legislation requires witnesses to adduce direct evidence in court. However, this may not be possible in all cases and the law provides for circumstances in which hearsay may be admissible. The Evidence Act is the main piece of legislation which governs the issue evidence. In this article, the author relied on 539 cases in which the Ugandan High Court, Court of Appeal and Supreme Court have
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Registered intermediaries’ assessment of children’s communication: An exploration of aims and processes The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2020-08-25 Kimberly Collins, Sarah Krahenbuhl
Following the implementation of the Youth Justice and Criminal Evidence Act 1999 for England and Wales, Registered Intermediaries have been available to assist child witness communication in legal proceedings since 2004. Registered Intermediaries are given training to fulfil this role. However, their assessments and practices are conducted independently. This study examined Registered Intermediaries’
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Rebooting the new evidence scholarship The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2020-08-12 John R Welch
The new evidence scholarship addresses three distinct approaches: legal probabilism, Bayesian decision theory and relative plausibility theory. Each has major insights to offer, but none seems satisfactory as it stands. This paper proposes that relative plausibility theory be modified in two substantial ways. The first is by defining its key concept of plausibility, hitherto treated as primitive, by
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A comparison between the standard of proof applicable in arbitration and formal adjudication The International Journal of Evidence & Proof (IF 1.037) Pub Date : 2020-08-04 Jesus Ezurmendia, Maria de los Angeles Gonzalez
This article aims to describe the application of the standard of proof in arbitration and to question whether the standard to be applied should be the same as or lower than in ordinary civil justic...