How do forensic scientists learn to become competent in casework reporting in practice: a theoretical and empirical approach

In their day-to-day work, carrying out complex tasks, forensic scientists use a combination of explicit, codified standard operating procedures and tacit knowledge developed through their ongoing practice. We show that tacit knowledge is an integral part of the activities of expert forensic science practitioners who continually add to their knowledge repertoire by engaging other scientists through communities of practice. We wish to shed fresh light on the gaining of tacit knowledge by forensic scientists during their apprentice formative years, termed as legitimate peripheral participation. In quantifying tacit knowledge exchanges, we use social network analysis, a methodology for the analysis of social structures, to map relational knowledge flows between forensic scientists within communities of practice at the Forensic Science Laboratory, Ireland. This paper sheds light on the importance of tacit knowledge within the training regime of forensic scientists and its recognition as equal to the part played by explicit knowledge.     

TMT contracts: Avoiding termination and achieving positive realignment: How legal counsel can make a difference - A UK perspective

“The task of a leader is to get his people from where they are to where they have not been” Henry A. KissingerWith stuttering growth in the Western economies where major sourcing and TMT (Technology, Media & Telecoms) contracts are pervasive, it is perhaps not surprising that internal and external legal counsel are increasingly being called upon to advise clients on termination options and strategies to effect or oppose a threatened termination for breach of contract. This short paper considers why this has happened and the other factors which are in play which have meant that advice on termination and the renegotiation of contracts in this context has become more common. Expertise in this area is part of an IT lawyer’s tool kit and we consider that this is an area where internal and external legal counsel can make a substantial difference in delivering solutions to their clients.In this paper I talk about termination and renegotiation interchangeably. The reason for this as will become clear is that all forms of termination, whether they are consensual or contested, will involve some form of renegotiation of the terms of the contract between the parties. This is because it is almost impossible except perhaps in the simplest of installations to predict the nature in which a supplier or a customer may wish to change the services provided, and consequently even the most carefully crafted of exit and transition clauses, schedules and plans will require some form of post-contract negotiation between the customer, the outgoing supplier and potentially a new supplier or suppliers. This will necessarily involve some form of renegotiation of the terms of the contract between the parties.This paper looks at renegotiation in the context of a termination scenario rather than dealing with renegotiation during the normal course of operation of the contract.     

Occupational injury and illness recording and reporting requirements. Final rule

The Occupational Safety and Health Administration (OSHA) is delaying the effective date of three provisions of the Occupational Injury and Illness Recording and Reporting Requirements rule published January 19, 2001 (66 FR 5916-6135) and is establishing interim criteria for recording cases of work-related hearing loss. The provisions being delayed are sections 1904.10 (a) and (b), which specify recording criteria for cases involving occupational hearing loss, section 1904.12, which defines "musculoskeletal disorder (MSD)" and requires employers to check the MSD column on the OSHA Log if an employee experiences a work-related musculoskeletal disorder, and section 1904.29(b)(7)(vi), which states that MSDs are not considered privacy concern cases. The effective date of these provisions is delayed from January 1, 2002 until January 1, 2003. OSHA will continue to evaluate sections 1904.10 and 1904.12 over the next year. OSHA is also adding a new paragraph(c) to section 1904.10, establishing criteria for recording cases of work-related hearing loss during calendar year 2002. Section 1904.10(c) codifies the enforcement policy in effect since 1991, under which employers must record work related shifts in hearing of an average of 25 dB or more at 2000, 3000 and 4000 hertz in either ear.     

Occupational injury and illness recording and reporting requirements. Final rule

The Occupational Safety and Health Administration (OSHA) is revising the hearing loss recording provisions of the Occupational Injury and Illness Recording and Reporting Requirements rule published January 19, 2001 (66 FR 5916-6135), scheduled to take effect on January 1, 2003 (66 FR 52031-52034). This final rule revises the criteria for recording hearing loss cases in several ways, including requiring the recording of Standard Threshold Shifts (10 dB shifts in hearing acuity) that have resulted in a total 25 dB level of hearing above audiometric zero, averaged over the frequencies at 2000, 3000, and 4000 Hz, beginning in year 2003.     

Developments in legal and medical practice regarding the unborn child and the need to expand prenatal legal protection

Developments in legal and medical practice in the Netherlands give rise to questions regarding the legal position of the unborn child. This article provides an overview of these developments and argues--in view of developments in other countries--that current Dutch legislation regarding the unborn child is not up to date. In effect, the article challenges the idea that the actual legal protection of the unborn child under positive Dutch law can be considered proportionate, even sufficient. To support this view the author will show that abortion is not the only matter in which clarity as to the legal protection of the viable unborn child is required. This signalisation provides good cause to reconsider the Dutch perspective on the matter, thus offering a point of reference to countries with a similar interpretation of what constitutes an appropriate legal protection of the unborn child.     

Suicide cases in civil law: do the legal tests make sense?

The legal 'tests' for suicide liability in negligence and workmen's compensation law have developed along parallel, but not identical, lines to the tests for criminal responsibility. Current legal precedent has shifted the focus from cognitive awareness and irresistible impulse theories to the ability of a negligent act or injury to cause an abnormal mental state. The courts, in their variable interpretation of these mental state tests, leave no clear guidelines for the psychiatric expert asked to address suicidal behavior from the standpoint of responsibility.     

如何面对中国传统法律文化遗产

改革开放近三十年来,中国社会发生了巨大的变革,社会主义法律文化也取得了令人瞩目的成就.社会的快速发展似乎拉远了我们与传统文化的距离,一种文化的陌生感正悄悄升起.     

Complex scientific testimony: How do jurors make decisions?

Critics of the civil jury system question whether jurors can adequately evaluate complex expert testimony. Based on current models of research in persuasion, we hypothesized that when expert testimony is complex, factors other than content will influence persuasion. Participants, serving as mock jurors, watched a videotaped trial in which two scientists provided evidence on whether PCBs could have caused a plaintiff's illness. The complexity of the expert's testimony and the strength of the expert's credentials were varied in a 2×2 factorial design. After watching the videotape, mock jurors rendered a verdict and completed a number of attitude measures related to the trial. Overall, consistent with our prediction, we found that jurors were more persuaded by a highly expert witness than by a less expert witness, but only when the testimony was highly complex. When the testimony was less complex, jurors relied primarily on the content of that testimony, and witness credentials had little impact on the persuasiveness of the message.     

How to make perpetrators in denial disclose more information about their crimes

This study examined interview techniques for eliciting admissions from perpetrators of a crime. Two techniques derived from the Strategic Use of Evidence (SUE) framework (SUE-Confrontation and SUE-Confrontation/Explain) were compared to an Early Disclosure of Evidence technique. Participants (N?=?75) performed a mock criminal task divided into three phases before being interviewed. In the SUE conditions, statement-evidence inconsistencies were obtained by strategic interviewing for Phases 1 and 2. For both SUE conditions, the interviewer confronted the suspects with these inconsistencies, emphasising that withholding information undermined their credibility. For the SUE-Confrontation/Explain condition, the suspects were asked to explain each inconsistency. To restore their credibility, the suspects in the SUE conditions were expected to become more forthcoming in Phase 3 (the phase which lacked information). The suspects in the SUE-Confrontation condition (vs. the suspects in the Early Disclosure condition) disclosed more admissions about Phase 3. As predicted, the suspects in the SUE conditions perceived the interviewer to have had comparatively more information about Phase 3. The suspects in the SUE-Confrontation/Explain condition strived to maintain their credibility either by fitting their story to the evidence or by sticking to the initial story. The study shows that the SUE technique is effective for eliciting admissions.     

电视法制记者被诉侵权的预防与应对

在我国法制建设的进程中，电视法制节目的迅速发展和广受欢迎，推动了公众法律意识的提升和法治舆论环境的形成。但是，近年来，法制节目的媒体报道权和公民私权尤其是身份权方面的冲突却也越加频繁，特别是电视记者被起诉当被告的案例在各地层出不穷。