Medical testimony in a trauma and breast cancer case, showing the direct and cross-examinations of the plaintiff's internist and the defendant's pathologist.
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This study examined the hypothesis that the extent to which discreditations of eyewitness testimony are effective is in part a function of the strength of the basic physical and noneyewitness circumstantial evidence to which eyewitness testimony adds. Specific guilt-inducing facts were varied within each of two case contexts. In these and other designs, both within- and between-subjects, the hypothesis was supported, though the main result was that it is not difficult to discredit eyewitness testimony. The rival hypothesis that the outcome is an artifact of ceiling effects cannot be rejected for these data.
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OBJECTIVE: To identify, from policy makers' perspectives, strategies that enhance tobacco control advocates' effectiveness in the regulatory arena. DESIGN: Key informant interview component of a comparative case study of regulatory agencies in the USA. SUBJECTS: Policy makers involved in the development of four regulatory tobacco control policies (three state and one federal). METHODS: Interviews of policy makers, field notes, and deliberation minutes were coded inductively. RESULTS: Policy makers considered both written commentary and public testimony when developing tobacco control regulations. They triaged written commentary based upon whether the document was from a peer reviewed journal, a summary of research evidence, or from a source considered credible. They coped with in-person testimony by avoiding being diverted from the scientific evidence, and by assessing the presenters' credibility. Policy makers suggested that tobacco control advocates should: present science in a format that is well organised and easily absorbed; engage scientific experts to participate in the regulatory process; and lobby to support the tobacco control efforts of the regulatory agency. CONCLUSIONS: There is an important role for tobacco control advocates in the policy development process in regulatory agencies.
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The contested custody case has in common with any other case that it is a search for the truth through the medium of the courts. Many modern thinkers believe that the courts are not the proper arena for discovering the truth in all cases. Increasingly, there is agitation to remove areas of testimony from the courts, placing them perhaps in the hands of some commission appointed by government. So far, this has not happened in the area of child custody, and we still have the courtroom technique of examination and cross-examination, with a final decision by a judge on the basic subject of truth, that is, what is the best interest of the child. The attorney can learn from the doctor in this process, and I think the doctor can learn from the courts. I hope the day will come when no psychiatrist will ever say that he is too busy to take the patient's case if it is likely to involve him in legal controversy. I hope the time will come when no psychiatrist will say that he will not become involved with a case unless he can do so as an appointee of the court as opposed to a doctor employed by one of the parties. I hope the doctor will look forward to providing testimony and that some of the thoughts expressed in this discussion will make his day in court a better experience for him.
Two experiments investigated the impact of DNA evidence in a child sexual assault (CSA) case involving a 6-year-old alleged victim. In Experiment 1, participants read criminal trial summaries of CSA cases in which only DNA evidence was presented, only the alleged child victim's testimony was presented, or both forms of evidence were presented. When DNA evidence was presented, there were more guilty verdicts and greater belief of the alleged victim than when only the alleged victim testified. In Experiment 2, DNA evidence was countered by an alibi witness testifying as to the defendant's whereabouts at the time of the alleged assault. The alibi witness reduced the influence of DNA evidence compared with when DNA evidence was presented without this witness. These results are discussed in terms of the comparative strengths of DNA evidence versus the testimony of the alleged victim.
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Minimum and Maximum sentences were compared for a sample of 347 prison commitments and for 130 of 347 mental evaluation referrals who finally received prison sentences. It was found that referral for evaluation influenced the probability of remaining in the system until sentencing, but for those sentenced, did not influence the sentence imposed. However, the findings of the evaluation did show a tendency to affect the sentence. Individuals who were found incompetent were less likely to remain in the criminal justice system until sentencing. Those individuals who were initially found incompetent and then became competent and were sentenced, and those individuals who, though found competent, were diagnosed schizophrenic, tended to receive shorter sentences. These findings held even when comparisons were controlled for presence of prior convictions. The implication is that the referral for and findings of the mental evaluation, though not officially a part of trial testimony as to intent or responsibility, do in fact influence the probability of a sentence and, if sentenced, the sentence imposed.
The Winnipeg inquest into the deaths of 12 young heart patients has ended after nearly 3 years of testimony, much of which centred on a surgeon's competence. The recommendations emerging from it are expected early next year.