Between Fact and Opinion: The Sui Generis Approach to Expert Witness Testimony in International Criminal Trials

It is a fundamental tenet of the law of evidence, spanning all jurisdictions, that witness testimony should ideally be delivered in open court by the individual who observed the event in question, or by the expert whose technical knowledge is relied upon. A notable exception to this principle has emerged in the field of international criminal justice, where courts and tribunals may allow ‘summarising witnesses’ to present a summation of witness testimony. In the case of Ayyash et al., the Special Tribunal for Lebanon extended the principle, allowing voluminous expert opinion evidence to be presented in factual summation. This article analyses such approaches, utilising doctrinal methods alongside empirical Wigmorean analysis, to assess the probity of these sui generis practices. The results are placed in legal and theoretical perspective, demonstrating that international courts and tribunals are departing from an overarching obligation to integrate international and domestic standards in respect of expert testimony.

Loosening the Marriage Bond: Divorce in New Zealand, c.1890s - c.1950s

<p>Based on a detailed examination of 2,195 divorce case files generated by applications to the Wellington Supreme Court, the study explores the changing frequency and character of the divorcing population in New Zealand between 1898, when the grounds for divorce were extended under the Divorce Act, until c.1959. The end point is set by access limits to divorce case files, the beginning of Marriage Guidance, and the establishment of a 'normal' pattern of divorce following the postwar spike. The study examines how and why New Zealanders divorced in increasing numbers over the period. In particular, it looks at the increase in divorce during and after the two world wars. The rate peaked in the immediate postwar years and remaining at levels about those pre-1914 and pre-1939.The study also looks at how war contributed to an underlying and on going change in attitudes towards marriage and divorce, not solely attributable to the immediate crisis of enlistment. The study explores the social and cultural factors influencing the decision to divorce including gender, class, religion, and the desire for, or presence of, children. Among other factors, it inquires into the reason why those who divorced in New Zealand were primarily working class, in contrast to their English counterparts, reflecting different class-based perceptions of morality and respectability. It will explore the growing emphasis on sexual pleasure and on women's attainment of social and sexual rights as contributing to the increase in divorce. The public nature of divorce proceedings through this period, with cases being heard in open court and few limits on newspaper reporting, operated as a means of social control and public surveillance. The discussion focuses on how the courts contributed to the construction of definitions of normative behaviour of husbands and wives, judged individuals' abilities to be suitable mothers and fathers and awarded custody of children. The court also adjudicated issues of acceptable and illicit sexual behaviour with gender expectations as part of the considerations. Although those who flouted expected marital norms could risk ostracism or public condemnation, the thesis also shows that this power diminished as divorce became more common. The thesis concludes with an examination of marriage guidance as a public recognition both of the potential for divorce and of the belief that marriages took effort to maintain and that advice and guidance support could help 'unstable' marriages regain stability. In the post-World War II period there was also an acknowledgement that some marriages could not be 'saved' with divorce being the only alternative. Regardless, of such interventions, the changes in attitudes about divorce, made divorce an increasingly acceptable solution to unhappy marriages. Divorce, as this thesis will argue, did not 'break' the marriage bonds but rather, loosened them.</p>

Loosening the Marriage Bond: Divorce in New Zealand, c.1890s - c.1950s

<p>Based on a detailed examination of 2,195 divorce case files generated by applications to the Wellington Supreme Court, the study explores the changing frequency and character of the divorcing population in New Zealand between 1898, when the grounds for divorce were extended under the Divorce Act, until c.1959. The end point is set by access limits to divorce case files, the beginning of Marriage Guidance, and the establishment of a 'normal' pattern of divorce following the postwar spike. The study examines how and why New Zealanders divorced in increasing numbers over the period. In particular, it looks at the increase in divorce during and after the two world wars. The rate peaked in the immediate postwar years and remaining at levels about those pre-1914 and pre-1939.The study also looks at how war contributed to an underlying and on going change in attitudes towards marriage and divorce, not solely attributable to the immediate crisis of enlistment. The study explores the social and cultural factors influencing the decision to divorce including gender, class, religion, and the desire for, or presence of, children. Among other factors, it inquires into the reason why those who divorced in New Zealand were primarily working class, in contrast to their English counterparts, reflecting different class-based perceptions of morality and respectability. It will explore the growing emphasis on sexual pleasure and on women's attainment of social and sexual rights as contributing to the increase in divorce. The public nature of divorce proceedings through this period, with cases being heard in open court and few limits on newspaper reporting, operated as a means of social control and public surveillance. The discussion focuses on how the courts contributed to the construction of definitions of normative behaviour of husbands and wives, judged individuals' abilities to be suitable mothers and fathers and awarded custody of children. The court also adjudicated issues of acceptable and illicit sexual behaviour with gender expectations as part of the considerations. Although those who flouted expected marital norms could risk ostracism or public condemnation, the thesis also shows that this power diminished as divorce became more common. The thesis concludes with an examination of marriage guidance as a public recognition both of the potential for divorce and of the belief that marriages took effort to maintain and that advice and guidance support could help 'unstable' marriages regain stability. In the post-World War II period there was also an acknowledgement that some marriages could not be 'saved' with divorce being the only alternative. Regardless, of such interventions, the changes in attitudes about divorce, made divorce an increasingly acceptable solution to unhappy marriages. Divorce, as this thesis will argue, did not 'break' the marriage bonds but rather, loosened them.</p>

Cytaty i plagiaty. Tekst piosenki i wypowiedzi slamerskie w świetle prawa autorskiego

The most important function of copyright is the protection of products of creativity, property rights and personal creator. In this broad sense, the laws protecting the author are understood and accepted by practice all over the world. The main focus of this article is to analyse the lyrics of Polish songs whose authors entered the judicial path to investigate one’s rights, and to compare them with spoken word texts, which, due to frequent references to the works of other authors, could be considered illegal. The research material consists of open court judgments, song lyrics and recordings of slam poetry texts collected by the author.

Issues Of Improving The Legal Basis Of The Institute Of Public Control In The Courts

The scientific article examines the principles and problems of open and transparent functioning of the courts, ensuring public participation in open court proceedings as one of the ongoing reforms in the judicial system. Suggestions and recommendations have been developed for our national legislation.

Protecting the Identity of Juveniles in Criminal Proceedings in Viet Nam and Victoria

This article compares protections relating to the non-disclosure of the identity of juveniles involved in the criminal justice systems of Viet Nam and Victoria (Australia). Both jurisdictions are committed to the principle of having an open court for the trials of juveniles. Nevertheless, being mindful of recommendations made by human rights bodies such as the United Nations Committee on the Rights of the Child – which promotes a closed court for these cases – both jurisdictions also recognise the importance of protecting the identity of juveniles on trial for criminal offences. They seek to balance their competing commitments to open court hearings and the protection of privacy through severely restricting the publication of information that could identify juvenile defendants. However, a review of the law and practices in both jurisdictions identifies different impacts and a number of problems. While restrictions on the publication of identifying information works effectively in Victoria, relevant laws are regularly breached without prosecution in Viet Nam. Significantly, existing protections in both Viet Nam and Victoria are almost exclusively focused on the trial phase and very few effective protections exist at earlier points, such as arrest and interrogation. This was highlighted by a focused investigation of pre-trial detention (bail), which revealed that while the practical operation of bail processes in Victoria is relatively stronger than in Viet Nam, statutory reform is required in both jurisdictions to strengthen legal protections against disclosure. In summary, the analysis demonstrates that it is possible to effectively protect the identity of juvenile defendants at the trial phase in an open court system provided that laws prohibiting the publication of identifying information are enacted, observed and enforced. In Viet Nam, significant changes in attitudes and practices are required to achieve this. Moreover, reform is required in both jurisdictions if the identity of juveniles involved in criminal justice proceedings is to be protected at the pre-trial phase.

Jawność postępowania sądowego w świetle Europejskiej konwencji praw człowieka

Openness of court proceedings in compliance with the European Convention on Human Rights The subject of this article is the right to open court proceedings as guaranteed in Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms. The most important elements of this right are: the right to participate in a court hearing, the right to access to the case files and the right to acquaint with the ruling. This right applies not only to the parties to the proceedings, but also – albeit to a lesser extent – to every citizen. The text discusses the findings of the doctrine and the European Court of Human Rights, at times criticizing them especially with regard to the too narrow definition of the obligation to publicly announce the judgment. In addition, the article analyzes the extent to which the Polish law encourages openness in civil, criminal and judicial-administrative procedures.

Counterclaim in public legal disputes

The article examines the institution of a counterclaim in administrative proceedings, which is a long-awaited change for the effective consideration of cases in the administrative process and for the implementation of effective protection of the rights of individuals and legal entities in administrative proceedings. Emphasis is placed on the peculiarities of drafting, filing and consideration of a counterclaim, which is the key to successful protection and restoration of violated rights and interests of the defendant in public law disputes. Also, an analysis of the feasibility of filing a counterclaim in the administrative process, taking into account the specifics of the parties and the legal relationship. This attitude of lawyers to the institution of a counterclaim in administrative proceedings is caused by the specificity of the administrative procedural law itself, the distinguishing feature of which is the presumption of guilt of the subject of power. It is based on the observance of this principle that the main features of a counterclaim in public law disputes are formed, starting from the authority of subjects to file such claims in open court proceedings and ending with the issuance and execution of a court decision based on such a claim. Thus, during the research in the process of writing this article, the author elaborated not only the works of famous lawyers, but also court decisions confirming the active use of the latest institute of counterclaim in public law disputes, as well as his own experience in drafting, filing and direct participation. in administrative cases, which combine the main and counterclaims. The peculiarities of realization of the rights of individuals and legal entities to file and consider a counterclaim in public law disputes, which are numerous in comparison with other categories of disputes, commercial, civil, etc., are revealed.