“I (can) see myself… But what for?” On Live Camera Feeds in Courtrooms (from the Perspective of Witnesses)

The paper’s aim is to present and critically discuss a peculiar practice noticed and studied in courtrooms in the Lower Court in Kraków, Poland. In courtrooms where different hearings take place, two cameras are installed on the wall or on the stand near the judge’s bench. One camera is aimed at the center of the courtroom, where non-professional participants such as witnesses or plaintiffs stand while being questioned by judge. The second camera’s view is more general—it covers the rest of the courtroom, including the benches for plaintiffs, claimants, defendants, and their legal representatives, and most notably the general public. Naturally, the mere presence of cameras in the modern courtroom is not surprising. What raises some questions is the presence of TV screens in the Kraków Lower Court’s courtrooms (and in Poland’s courts in general), which display the feed from both cameras during the hearing. Consequently, people gathered in the courtroom, especially people questioned by the judge (such as witnesses), can see themselves “live” in the TV screen. Even without raising the subtle details and differences between individual courtrooms, the system of displaying, in real time, live video feeds from a courtroom into the same courtroom begs for more detailed, critical analysis. For instance, one should address the system’s (presumably intended) functions (e.g. transparency, behavior control, and correction of time perception) and the real consequences for the dynamics during hearings, which are not assumptions or hypotheticals. The paper distinguishes the issues connected with the system and addressees them through the perspective of witnesses who participate in the hearings, using the collected opinions of witnesses.

     

Application of the Electrical Network Frequency (ENF) Criterion. A case of a digital recording

One of the new methods of investigating the authenticity of evidential digital audio recordings uses the Electrical Network Frequency (ENF) Criterion. It is based on analysing the signal corresponding to the fundamental frequency of the current in the electrical network, which is present in a recording and comparing it with appropriate, reliable reference. Studies carried out at the Institute of Forensic Research in Cracow were aimed at validating this method, that is, assessing its usefulness in forensic examinations of evidential digital recordings in Poland. These studies enabled us to develop and implement a procedure for using the ENF Criterion method to assess the integrity of digital recordings and to establish when these recordings were made.     

On the Need to Study Processes of Taking Minutes from Case Hearings: Contribution to and Call for Future Research

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - This paper’s aim is to promote greater interest in courtroom practices of...     

Are Legal Concepts Embedded in Legal Norms?

In this paper, we discuss the problem of the relationship between legal concepts and legal norms. We argue that one of the widespread theories of legal concepts, which we call ??the embedding theory??, is false. The theory is based on the assumption that legal norms are central for any legal system and that each legal norm establishes an inferential link between a certain class of facts and a certain class of legal consequences. Alf Ross??s embedding theory was presented in his famous paper ??Tu?CTu??. According to Ross, the sole function of legal concepts is to simplify normative information. Hence, the use of legal concepts may be a matter of convenience, rather than necessity. We criticize this approach mainly by pointing to the existence of so-called second order substantive concepts, which are not reducible to any determined set of conditional sentences (inferential links). In short, second order substantive concepts play the role of general standards, and general standards are used to provide flexibility for a particular legal system. In addition, general standards are ??value loaded??, since they serve as a frame of reference for judges applying law to particular cases. To understand such general standards as a predefined set of conditionals means to overlook their ??open?? content, and thus their function. In our opinion, the acceptance of the embedding theory means to misinterpret the function of general standards. We also argue that Giovani Sartor??s idea of defective legal concepts doesn??t help to clarify or defend the embedding theory.     

By fair means. Radsport,Bergsport und das Problem der normativen Regulierung des Handelns

Public opinion and the majority of the specialized literature tend to be skeptical about the chances of fighting against doping in competitive sports. This pessimistic view is justified by the development in most high-performance disciplines. But there are notable exceptions which are not only drug free but go far beyond the minimum permitted by institutions. High-altitude mountaineering is one of them. This study will explain this exceptional position of mountaineering in comparison with a sports discipline which is considered as one of the most drug-loaded: cycling. It is argued that a stricter regulation in mountaineering is the result of the maintenance of open spaces for normative innovations. Performance can be made visible not only by norm-standard cuts but also by an increase of the norms. Basically, each sports discipline has a normative self-regulatory potential. This remains mostly unused because of the closed spaces for normative innovations. A fateful role in doing so is played by the doping ban itself.     

Map of Central Asia,Western and Eastern Sectors

After first outlining the notion of anti-Semitism, the predominant survey method used for researching it, and the history of the presence and the current (near) absence of Jews in Poland, this article gives the results of different surveys of various kinds of anti-Semitism in this country, including the authors' own, and discusses the findings of their qualitative study – focus group interviews with members of three different Catholic communities from three different cities. The qualitative study confirmed the hypothesis that imagined and stereotypical rather than real Jews are the objects of modern anti-Semitism in Poland, while real historical and stereotypically perceived Jews are the objects of its religious and post-Holocaust variants. The roots of religious anti-Semitism lie in the not entirely absorbed teachings of the Catholic Church on the Jewish deicide charge. Religious anti-Semitism supports modern and post-Holocaust kinds of anti-Semitism. Modern anti-Semitism is rooted in poor education, lack of interest in the Jewish history of Poland, lack of inter-group contact, and persisting stereotypes of Jews. Among the various Catholic communities of Poles, there are considerable differences in attitudes to Jews. The qualitative study also revealed a methodological deficiency in the standard survey questions intended to measure anti-Semitism, which are sometimes understood as questions about facts rather than about opinions.     

Post-mortem Iris Decomposition and its Dynamics in Morgue Conditions

With increasing interest in employing iris biometrics as a forensic tool for identification by investigation authorities, there is a need for a thorough examination and understanding of postmortem decomposition processes that take place within the human eyeball, especially the iris. This can prove useful for fast and accurate matching of antemortem with postmortem data acquired at crime scenes or mass casualties, as well as for ensuring correct dispatching of bodies from the incident scene to a mortuary or funeral homes. Following these needs of forensic community, this paper offers an analysis of the coarse effects of eyeball decay done from a perspective of automatic iris recognition. We analyze postmortem iris images acquired for a subject with a very long postmortem observation time horizon (34 days), in both visible light and near-infrared light (860 nm), as the latter wavelength is used in commercial iris recognition systems. Conclusions and suggestions are provided that may aid forensic examiners in successfully utilizing iris patterns in postmortem identification of deceased subjects. Initial guidelines regarding the imaging process, types of illumination, and resolution are also given, together with expectations with respect to the iris features decomposition rates. Visible iris features possible for human, expert-based matching persists even up to 407 h postmortem, and near-infrared illumination is suggested for better mitigation of corneal opacity while imaging cadaver eyes (Post-mortem iris decomposition and its dynamics in morgue conditions. ArXiv pre-print, 2019).     

Zwischen nationaler Identität und Verfassungspatriotismus: Deutungsmuster der politischen Gemeinschaft in der Bundesrepublik Deutschland 1972–1989

Subject of this study are patterns of interpretation of the political community of the Federal Republic of Germany. This paper has to be seen as a contribution to the interpretative political culture research, whose attention does not apply to subjective attitudes but to intersubjectively recognized normative ideas of the political reality. The significance of “national”, “democratic”, “european” patterns of interpretation is examined in a quantitative-qualitative content analysis of selected debates on the political community of the Federal Republic of Germany. The analysis presents a universalistic value-commitment of the discourse of the West German community.     

Legal Translation Versus Legal Interpretation. A Legal-Theoretical Perspective

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - In this article we investigate the relationship between legal translation and legal...