witness statement
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2021 ◽  
Author(s):  
◽  
Gabriel Braniff

<p>Would you believe what a robot tells you? A robot is essentially a high functioning computer and so, on the one hand, you should have no problem believing the information it provides. But on the other hand, what robots look like have been to shown to affect how you would feel about them. Robots that look almost—but not quite—human have been shown to elicit feelings of unease and mistrust. How much do these feelings of mistrust in turn make these humanlike robots believed less? Across two experiments, we answered that question by showing people a video of a crime and then having them read a witness statement containing misleading information. This statement was ostensibly prepared by a robot that appeared human, robotic, or a morph of the two. Contrary to our predictions, what a robot looks like did not affect how misled people were, even when we drew attention to how much people trusted their robot source. These results suggest that even though people may not like, or trust, certain robots, they will still believe what they say.</p>


2021 ◽  
Author(s):  
◽  
Gabriel Braniff

<p>Would you believe what a robot tells you? A robot is essentially a high functioning computer and so, on the one hand, you should have no problem believing the information it provides. But on the other hand, what robots look like have been to shown to affect how you would feel about them. Robots that look almost—but not quite—human have been shown to elicit feelings of unease and mistrust. How much do these feelings of mistrust in turn make these humanlike robots believed less? Across two experiments, we answered that question by showing people a video of a crime and then having them read a witness statement containing misleading information. This statement was ostensibly prepared by a robot that appeared human, robotic, or a morph of the two. Contrary to our predictions, what a robot looks like did not affect how misled people were, even when we drew attention to how much people trusted their robot source. These results suggest that even though people may not like, or trust, certain robots, they will still believe what they say.</p>


2021 ◽  
Vol 25 (4) ◽  
pp. 286-306
Author(s):  
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, employment lawyers (solicitors, barristers, advisers) and litigants. Our data revealed six themes: professional processes, enabling through case management, presentation preferences, challenges for litigants in person, availability and quality of resources, and lack of training. Participants felt that the quality of witness statements varied amongst those prepared by professional advisors and by litigants in person. Our interviews revealed almost no evidence of practitioner training on how best to prepare a witness statement. We make recommendations about guidance and training for those tasked with drafting witness statements.


2021 ◽  
pp. 332-350
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.


2021 ◽  
Vol 30 (1) ◽  
Author(s):  
Hazel Frankel

This article juxtaposes Abraham Sutzkever’s Yiddish poems written in the Vilna Ghetto between 1941–1943 with the testimony he gave at the Nuremberg Trials on 27 February 1946. A witness, participant, and survivor of the annihilation, Sutzkever became an appropriate representative and unique spokesperson for the murdered Jewish victims. As evidence of a personal and collective tragedy, providing a double record of the destruction of a once-vibrant community through his poetry and his witness statement, Sutzkever imparts the reality of the Holocaust on the first occasion that leaders of a country were indicted before an international court for crimes against humanity. Hence, this article contributes to the understanding of the emotional trauma and fate of Jewish victims during the Holocaust. Emphasising how artistic expression may assist human beings to endure unimaginable hardship, it highlights the continuing importance of personal testimony to endorse memory and warn against recurrence.


Insects ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 174
Author(s):  
Martin J. R. Hall

Research is a vital component of all forensic sciences and is often stimulated by casework, which identifies gaps in our knowledge. In such a niche area of forensic science as entomology there should be a close and mutually beneficial relationship between research and casework: to some extent there is a continuum between the two and many forensic entomologists are involved in both to a greater or lesser degree. However, research and casework involve quite differing challenges, from the replicated, highly controlled, sometimes esoteric aspects of research to the very individual, sometimes chaotic and disruptive, but highly applied aspects of casework. Ideally casework will include the full involvement of a forensic entomologist, who will collect the insect and climate evidence at the scene and produce a robust expert witness statement based on a full analysis of this data. Unfortunately, it can also include situations where samples, if collected at all, are poorly preserved, not representative of the full cadaver fauna available and presented to the entomologist months or years after the event, without local temperature data. While research is recognised through publications and their citation indices, casework and its associated expert witness statements often receive no credit in an academic workplace, although they do have a positive societal impact and many other benefits of teaching and public engagement value. This manuscript examines the relationship between research and casework from a UK perspective, to raise awareness of the need to create an environment that values the contribution of both, for future generations to flourish in both areas.


Author(s):  
Jörg Risse ◽  
Antje Baumann

Abstract At least one surprise occurs in every arbitral hearing. One of those surprises is when a witness testifies beyond what has been submitted in his written witness statement. Often, such ‘out-of-scope’ testimony is unexpected, astonishing, and crucial for the outcome of the case. Surprisingly, the adequate handling of such unexpected testimony is unchartered territory: neither arbitral statutes, institutional rules nor the ever-expanding arbitral soft law addresses this important issue. This article reviews if and when arbitral tribunal should permit or reject such ‘out-of-scope’ testimony. The article establishes five clear-cut rules to deal with that issue.


2020 ◽  
Vol 5 (1) ◽  
pp. 89-102
Author(s):  
Efa Laela Fakhriah

ABSTRAKBerdasarkan sistem hukum acara perdata yang berlaku, hakim terikat pada alat-alat bukti yang sah, yang berarti bahwa hakim hanya boleh menjatuhkan putusan berdasarkan alat-alat bukti yang ditentukan oleh undang-undang saja sebagaimana diatur dalam Pasal 164 HIR. Di samping itu juga alat bukti pemeriksaan setempat sebagaimana dan keterangan saksi ahli Hukum pembuktian yang berlaku saat ini, secara formal belum mengakomodasi dokumen elektronik sebagai alat bukti, sedangkan dalam praktiknya di masyarakat melalui transaksi perdagangan secara elektronik, alat bukti elektronik sudah banyak digunakan, terutama dalam transaksi bisnis modern. Tulisan ini menghasilkan simpulan bahwa dalam hal memeriksa perkara yang pembuktiannya menggunakan bukti-bukti bersifat elektronik, karena hukum acara perdata (HIR) sebagai hukum formil tidak mengaturnya, maka hakim dapat mendasarkan pembuktian pada hukum materiil yang juga mengatur tentang hukum acara, dalam hal ini Undang-undang Informasi dan Transaksi Elektronik atau Undang-undang Dokumen Perusahaan. Akan tetapi seandainya pun tidak ada peraturan materil yang mengatur tentang bukti elektronik sebagai alat bukti yang sah dipersidangan, atau hakim tidak mau mendasarkan pembuktian pada hukum materiil, hakim dapat melakukan penemuan hukum dengan cara analogi atau penafsiran hukum terhadap bukti yang bersifat elektronik agar dapat digunakan sebagai alat bukti di persidangan sebagaimana halnya alat bukti yang diatur dalam hukum acara perdata.Kata kunci: bukti elektronik; pembuktian; penemuan hukum. ABSTRACTAccording to the Civil Procedural Law system, the judges were bound to the legal evidences, which meant that the judges might only impose the verdict based on legal evidences which determined by the law as stated in Article 164 HIR for instances: documentary evidence, witness’ statement, allegation, recognition, and oath. In addition, the local inspection as legal evidence was also regulated in Article 153 HIR, and the expert statement stipulated in Article 154 HIR. The current of evidentiary law, was not accommodating electronic documents yet as legal evidence, while in fact electronic trading transactions among societies needed electronic evidence had been widely used, especially in modern business transactions. The problem was how the judge conducted a legal discovery in giving verdict in lawsuit dispute which was handled to use electronic evidence as legal evidence, in the other hand, according to the Civil Procedural Law system stated that evidentiary was legitimate when done using the evidence that had been determined/regulated in the Civil Procedural Regulation.Keywords: electronic evidence; evidentiary; legal discovery.


2020 ◽  
pp. 332-350
Author(s):  
Lucilla Macgregor ◽  
Charlotte Peacey ◽  
Georgina Ridsdale

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.


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