scholarly journals At face value: Should a jury warning about the risks of assessing credibility from demeanour be mandatory in criminal jury trials?

2021 ◽  
Author(s):  
◽  
Richard Taylor
Keyword(s):  
Social Science ◽  
Traditional Approach ◽  
Contemporary Science ◽  
Jury Trials ◽  
The Law ◽  
Court Of Appeal

<p>In E (CA799/2012) v R [2013] NZCA 678 the Court of Appeal directly confronted the issue of whether demeanour warnings should be required in all criminal jury trials. Such a warning would alert a jury to the risks of using demeanour to assess credibility. While science has shown that demeanour is an unreliable tool for assessing credibility, the Court decided that a demeanour warning was not always required. As such, the law appears to be out of step with contemporary science. This article contrasts the traditional approach to the usefulness of demeanour evidence in criminal jury trials with a more modern understanding of its actual usefulness. Drawing on both social science and case authorities, this paper will critically evaluate the Court’s approach to this issue. The conclusion is reached that a demeanour warning actually should be mandatory in all criminal jury trials.</p>

scholarly journals At face value: Should a jury warning about the risks of assessing credibility from demeanour be mandatory in criminal jury trials?

2021 ◽  
Author(s):  
◽  
Richard Taylor
Keyword(s):  
Social Science ◽  
Traditional Approach ◽  
Contemporary Science ◽  
Jury Trials ◽  
The Law ◽  
Court Of Appeal

<p>In E (CA799/2012) v R [2013] NZCA 678 the Court of Appeal directly confronted the issue of whether demeanour warnings should be required in all criminal jury trials. Such a warning would alert a jury to the risks of using demeanour to assess credibility. While science has shown that demeanour is an unreliable tool for assessing credibility, the Court decided that a demeanour warning was not always required. As such, the law appears to be out of step with contemporary science. This article contrasts the traditional approach to the usefulness of demeanour evidence in criminal jury trials with a more modern understanding of its actual usefulness. Drawing on both social science and case authorities, this paper will critically evaluate the Court’s approach to this issue. The conclusion is reached that a demeanour warning actually should be mandatory in all criminal jury trials.</p>

scholarly journals Street triage services in England: service models, national provision and the opinions of police

2018 ◽  
Vol 42 (6) ◽  
pp. 253-257 ◽  
Author(s):  
Abirami Kirubarajan ◽  
Stephen Puntis ◽  
Devon Perfect ◽  
Marc Tarbit ◽  
Mary Buckman ◽  
...  
Keyword(s):  
Mental Health ◽  
National Survey ◽  
Police Officers ◽  
Traditional Approach ◽  
Clinical Implications ◽  
Modes Of Operation ◽  
Specialist Services ◽  
Service Models ◽  
The Law ◽  
Core Part

Aims and methodStreet triage services are increasingly common and part of standard responses to mental health crises in the community, but little is understood about them. We conducted a national survey of mental health trusts to gather detailed information regarding street triage services alongside a survey of Thames Valley police officers to ascertain their views and experiences.ResultsTriage services are available in most areas of the country and are growing in scope. There is wide variation in levels of funding and modes of operation, including hours covered. Police officers from our survey overwhelmingly support such services and would like to see them expanded.Clinical implicationsMental health crises now form a core part of policing and there are compelling reasons for the support of specialist services. Recent changes to the law have heightened this need, with a requirement for specialist input before a Section 136 is enacted. Those who have experienced triage services report it as less stigmatising and traumatic than a traditional approach, but there remains little evidence on which to base decisions.Declaration of interestNone.

Under the Law: How is your community depicted in the curriculum? Who decides?

2021 ◽  
Vol 102 (5) ◽  
pp. 63-64
Author(s):  
Robert Kim
Keyword(s):  
Social Science ◽  
Science Standards ◽  
The Law ◽  
School Curricula

A case in California reaffirms that courts are reluctant to intervene when families are concerned about school curricula. In CAPEEM v. Torlakson, parents of Hindu children complained that the state’s history and social science standards are framework discriminated against them by inaccurately and disparingingly representing their faith. Bob Kim describes the plaintiffs’ arguments, the case’s journey through the courts, and how the court’s ruling against the plaintiffs relates to other cases involving objections to school curricula.

Politics and Research: Epistemological Moments

1990 ◽  
Vol 15 (01) ◽  
pp. 149-154 ◽  
Author(s):  
Adelaide H. Villmoare
Keyword(s):  
Social Science ◽  
Social Science Research ◽  
Science Research ◽  
Law And Society ◽  
Social Scientists ◽  
The Law ◽  
The Relationship

In reading the essays by David M. Trubek and John Esser and Boaventura de Sousa Santos, I thought about what I call epistemological moments that have provided contexts within which to understand the relationship between social science research and politics. I will sketch four moments and suggest that I find one of them more compelling than the others because it speaks particularly to social scientists with critical, democratic ambitions and to Trubek and Esser's concerns about politics and the intellectual vitality of the law and society movement.

scholarly journals Culpability, Kingston and the Law Commission

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby
Keyword(s):  
Justice System ◽  
Criminal Liability ◽  
Character Theory ◽  
Criminal Offence ◽  
Pragmatic Approach ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission ◽  
Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

Transforming the Law on Psychiatric Lesions

2021 ◽  
Vol 2021 (2) ◽  
pp. 253-271
Author(s):  
Emile Zitzke
Keyword(s):  
Supreme Court ◽  
Expert Witnesses ◽  
The Supreme Court ◽  
Psychological Harm ◽  
The Law ◽  
Constitutional Right ◽  
Law Of Delict ◽  
Court Of Appeal ◽  
Made In

In this article, I trace the development in the law of delict of recognising general damages claims on account of psychiatric lesions with the aim of making suggestions on how to transform it. Using the tragic case of Michael Komape as a springboard for the discussion, I argue that even though the Supreme Court of Appeal has recently brought clarity on the law on psychiatric lesions, more transformative work still needs to be done. More specifically, this article contends that the constitutional right to bodily and psychological integrity might require us to rethink the high evidentiary threshold that courts have set for proving the element of harm in cases related to psychiatric lesions. I argue that this can be done in at least three ways: First, by very cautiously bringing about a development that would involve protecting victims of psychological harm whose expert witnesses are shown to be inadequate despite all other facts indicating the existence of a psychiatric lesion. Secondly, by lowering the requirement of “recognised psychiatric lesion” to “grievous mental injury”, in line with similar arguments made in England. Thirdly, and most controversially, by acknowledging that perhaps the time has come for our law to recognise claims for so-called “grief in the air”.

scholarly journals Undue Influence in the Context of Medical Treatment

2002 ◽  
Vol 5 (4) ◽  
pp. 305-317 ◽  
Author(s):  
Shaun D. Pattinson
Keyword(s):  
Medical Treatment ◽  
Undue Influence ◽  
Vulnerable Patients ◽  
The Law ◽  
Court Of Appeal

It is argued that the application of the doctrine of undue influence to patient's decisions in the context of medical treatment is ripe for development. The doctrine is capable of providing much needed protection for vulnerable patients if developed along lines suggested by its use in other contexts. Unfortunately, the Court of Appeal has recently missed an opportunity to develop the law in this way and it may be some time before another suitable opportunity is presented to the courts.

scholarly journals Tendencies of Development of Legislative Regulation Appeal in Civil Process

2020 ◽  
Vol 15 (4) ◽  
pp. 42-48
Author(s):  
E. Yu. Boyko
Keyword(s):  
Judicial System ◽  
Judicial Discretion ◽  
Civil Process ◽  
Legislative Regulation ◽  
The Law ◽  
Court Of First Instance ◽  
Court Of Appeal

The article is devoted to the directions of improvement of appeal proceedings in the civil process, identified in the analysis of legislation and practice of its application, in connection with the reform of the judicial system. The author not only considers the questions of implementation of the court of appeal of its powers, justifies the need for disclosure of criteria allowing the direction of the court of appeal the case for a new trial in the court of first instance, the limits of choice in the exercise of judicial discretion outside of the petition of appeal, the improvement of term of making a petition of appeal, eliminate of the term “appeal determination”, enshrined in the law of procedure of familiarization with the act court of appeal and its further complaints, but also indicates ways of solving them.

scholarly journals Novelties in the Civil Procedure of the Brčko District of Bosnia and Herzegovina

2005 ◽  
Vol 77 (10) ◽  
pp. 558-569
Author(s):  
Ranka Račić
Keyword(s):  
Bosnia And Herzegovina ◽  
Civil Procedure ◽  
Legal Remedies ◽  
The Law ◽  
The Republic ◽  
Court Of First Instance ◽  
Court Of Appeal

Brčko District has its own, special courts, and its own laws, which differ from the laws of the entities. The Law on Civil Procedure of Brčko District of Bosnia and Herzegovina was drafted and influenced by the Law on Civil Procedure of the Republic of Srpska and Law on Civil Procedure of the Federation of Bosnia and Herzegovina. However, the Law on Civil Procedure of Brčko District of Bosnia and Herzegovina has introduced many novelties which arc listed in this paper, through the systematization of the law. Differences are remarkable and consist of different regulation of the procedural efficiency, introduction of the court of appeal, different regulation of principles of discussion and investigation, incorporation of the trial before one judge in the court of first instance, lack of the court's obligation to teach ignorant party. There are major discrepancies in the preparation of main hearings and main hearings, in the mediation procedure and structure and nature of the legal remedies.

scholarly journals The Law Regarding Pension Interest in South Africa has been settled! Or has it? With Reference to Ndaba v Ndaba (600/2015) [2016] ZASCA 162

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Motseotsile Clement Marumoagae
Keyword(s):  
South Africa ◽  
Supreme Court ◽  
High Court ◽  
The Supreme Court ◽  
Golden Opportunity ◽  
The Law ◽  
Court Of Appeal

This article reflects on the law relating to pension interest in South Africa. In particular, it assesses whether the Supreme Court of Appeal in Ndaba v Ndaba had adequately clarified how this area of law should be understood. In light of the inconsistent approaches from various divisions of the High Court, it has not always been clear how the courts should interpret the law relating to pension interest in South Africa. In this paper, aspects of this area of law which have been clarified by the Supreme Court of Appeal are highlighted. This paper further demonstrates aspects of this area of law which the Supreme Court of Appeal did not settle and would potentially be subject to future litigation. This paper is based on the premise that while Ndaba v Ndaba is welcomed, the Supreme Court of Appeal nonetheless, missed a golden opportunity to authoritatively provide a basis upon which the law relating to pension interest in South Africa should be understood. 

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