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International Journal of Evidence and Proof
Number of Followers: 12

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ISSN (Print) 1365-7127 - ISSN (Online) 1740-5572
Published by Sage Publications

[1085 journals]

Case commentary
- Authors: Michael Plaxton
  Pages: 97 - 99
  Abstract: The International Journal of Evidence & Proof, Volume 24, Issue 1, Page 97-99, January 2020.
  
  Citation: The International Journal of Evidence & Proof
  PubDate: 2020-01-01T08:00:00Z
  DOI: 10.1177/1365712719893192
Noticeboard
- Authors: Michael Plaxton
  Pages: 100 - 100
  Abstract: The International Journal of Evidence & Proof, Volume 24, Issue 1, Page 100-100, January 2020.
  
  Citation: The International Journal of Evidence & Proof
  PubDate: 2020-01-01T08:00:00Z
  DOI: 10.1177/1365712719893190
Silence Matters: A survey of the right to silence in the summary
jurisdiction of New South Wales
- Authors: Eugene Schofield-Georgeson
  Abstract: The International Journal of Evidence & Proof, Ahead of Print.
  There is a scant existing literature on the relationship between the right to silence and its effect on convictions in Australia and comparable jurisdictions. Existing research has downplayed its significance in the face of various ‘law and order’ interventions seeking to limit its operation. This study is one of the largest of its kind, surveying over 1,000 charges to empirically assess the frequency of use and the effects of silence rights (the right to silence, privilege against self-incrimination and burden of proof) on conviction, in relation to a particular set of charges laid against a specific group of marginalised defendants in the Local Court summary jurisdiction of NSW. Adding to the existing literature, this study shows empirically how silence rights operate within an Australian summary jurisdiction for a specific group of criminal defendants who are significantly socially marginalised. In the process, it demonstrates that the use of silence rights is significant for this group, mostly in non-regulatory criminal matters. In this respect, silence rights can be understood to correlate with rates of conviction, mitigation of criminal sentencing and the practice of charge-bargaining.
  Citation: The International Journal of Evidence & Proof
  PubDate: 2019-11-08T03:11:00Z
  DOI: 10.1177/1365712719887409
‘I was flying blind a wee bit’: Professionals’ perspectives on
challenges facing communication assistance in the New Zealand youth
justice system
- Authors: Kelly Howard, Clare McCann, Margaret Dudley
  Abstract: The International Journal of Evidence & Proof, Ahead of Print.
  Communication assistance is a form of specialist support for witnesses and defendants in justice settings who have been identified as having communication difficulties. This relatively new role in New Zealand is modelled on the role of the intermediary in England and Wales. This research provides a qualitative analysis of professionals’ perspectives (n = 28 participants) on the challenges of communication assistance for young people facing criminal charges in the New Zealand youth justice system. The findings of this study do not question whether or not communication assistance should exist, but rather how it might best function in practice. The overall implications are that more education and guidance for youth justice professionals is needed.
  Citation: The International Journal of Evidence & Proof
  PubDate: 2019-10-03T03:06:22Z
  DOI: 10.1177/1365712719877893
The detection of deception during trials: Ignoring the nonverbal
communication of witnesses is not the solution—A response to Vrij and
Turgeon (2018)
- Authors: Vincent Denault, Norah E. Dunbar, Pierrich Plusquellec
  First page: 3
  Abstract: The International Journal of Evidence & Proof, Ahead of Print.
  
  Citation: The International Journal of Evidence & Proof
  PubDate: 2019-05-30T02:57:57Z
  DOI: 10.1177/1365712719851133
Probabilistic models of legal corroboration
- Authors: Rafal Urbaniak, Pavel Janda
  First page: 12
  Abstract: The International Journal of Evidence & Proof, Ahead of Print.
  The aim is to develop a sensible probabilistic model of legal corroboration in response to an attack on the probabilistic approach to legal reasoning due to Cohen. One of Cohen’s arguments is that there is no probabilistic measure of evidential support which satisfactorily captures the situation in which independent witnesses testify to the truth of the same proposition (or independent pieces of evidence converge on a certain claim)—the phenomenon called corroboration (or convergence). We investigate the properties of several probabilistic measures discussed by Cohen, discuss Cohen’s criticism of those measures, and develop our own. Finally, we offer a probabilistic measure of corroboration that evades the critical points raised against the ones discussed so far.
  Citation: The International Journal of Evidence & Proof
  PubDate: 2019-07-30T09:10:26Z
  DOI: 10.1177/1365712719864608
The adversarial defence lawyer: Myths, disclosure and efficiency—A
contemporary analysis of the role in the era of the Criminal Procedure
Rules
- Authors: Ed Johnston
  First page: 35
  Abstract: The International Journal of Evidence & Proof, Ahead of Print.
  This article contends that piecemeal changes to the adversarial process since the dawn of the new millennium have transformed the CJS. The advent of (near) compulsory disclosure means the defendant has to reveal many elements of his defence. This dilutes the adversarial battle and leaves a process which is managerialist in nature. The Early Guilty Plea system is a mechanism to increase the efficiency by stemming the amount of cases reaching the trial stage. This has an impact on the defence lawyer’s role and renders him conflicted between advancing the best interest of the client against other pre-trial obligations. This small empirical study suggests that classic adversarial lawyers are seen as a relic of a bygone era. The modern criminal justice system prioritises speed and efficiency. If a case reaches court, the defendant is treated as an ‘informational resource’ of the court reminiscent of his position in the 17th century.
  Citation: The International Journal of Evidence & Proof
  PubDate: 2019-08-27T02:52:46Z
  DOI: 10.1177/1365712719867972
Beliefs about suspect alibis: A survey of lay people in the United
Kingdom, Israel, and Sweden
- Authors: Shiri Portnoy, Lorraine Hope, Aldert Vrij, Karl Ask, Sara Landström
  First page: 59
  Abstract: The International Journal of Evidence & Proof, Ahead of Print.
  During police interviews, innocent suspects may provide unconvincing alibis due to impaired memory processes or guilt-presumptive behaviour on behalf of the interviewer. Consequently, innocent suspects may be prosecuted and tried in court, where lay people who serve jury duty will assess their alibi’s credibility. To examine lay people’s beliefs and knowledge regarding suspect alibis, and specifically about such factors that may hamper innocent suspects’ ability to provide convincing alibis, we administered an eight-question questionnaire across the United Kingdom (n = 96), Israel (n = 124), and Sweden (n = 123). Participants did not tend to believe that innocent suspects’ alibis might inadvertently include incorrect details, but acknowledged that impaired memory processes may cause this. Additionally, most participants believed that a presumption of guilt can affect how interviewers interview suspects. The findings suggest that lay people who may serve jury duty hold some mistaken beliefs regarding alibi provision by suspects.
  Citation: The International Journal of Evidence & Proof
  PubDate: 2019-09-27T02:37:01Z
  DOI: 10.1177/1365712719873008
Probability reasoning in judicial fact-finding
- Authors: Ian Hunt, Justice Mostyn
  First page: 75
  Abstract: The International Journal of Evidence & Proof, Ahead of Print.
  We argue that the laws of probability promote coherent fact-finding and avoid potentially unjust logical contradictions. But we do not argue that a probabilistic Bayesian approach is sufficient or even necessary for good fact-finding. First, we explain the use of probability reasoning in Re D (A Child) [2014] EWHC 121 (Fam) and Re L (A Child) [2017] EWHC 3707 (Fam). Then we criticise the attack on this probabilistic reasoning found in Re A (Children) [2018] EWCACiv 171, which is the appeal decision on Re L. We conclude that the attack is unjustified and that the probability statements in the two cases were both valid and useful. We also use probabilistic reasoning to enlighten legal principles related to inherent probability, the Binary Method and the blue bus paradox.
  Citation: The International Journal of Evidence & Proof
  PubDate: 2019-10-01T02:42:31Z
  DOI: 10.1177/1365712719875753
Book Review: Improperly Obtained Evidence in Anglo-American and
Continental Law
- Authors: Tony Ward
  First page: 95
  Abstract: The International Journal of Evidence & Proof, Ahead of Print.
  
  Citation: The International Journal of Evidence & Proof
  PubDate: 2019-10-10T04:34:01Z
  DOI: 10.1177/1365712719880050
Judicial decisions, intellectual virtues and the division of labour
- Authors: Leandro De Brasi
  Abstract: The International Journal of Evidence & Proof, Ahead of Print.
  In this paper I argue that, given that one epistemic goal of judicial decision-making is to reach reasonably plausible decisions, the divisions of epistemic and cognitive labour help processes of judicial decision-making to better promote that goal under certain conditions. Those conditions concern the possession of a certain intellectual character (in particular, a humble and autonomous character) by the subjects exploiting those divisions of labour and the existence of a certain diversity among those subjects. So, in order to better promote reasonably plausible decisions, we should take measures that make it likely that those divisions of labour are exploited under those conditions. Given this, some prescriptive recommendations are made.
  Citation: The International Journal of Evidence & Proof
  DOI: 10.1177/1365712719894007