A case study of interpreter-mediated witness statement: police interpreting in South Korea

Interpreters play an important role in police interviewing witnesses from culturally and linguistically diverse backgrounds. In the cases where interpreters lack professional attributes such as interpreting competence and impartiality, it is very likely that the interpreted evidence and statement will not be a faithful reproduction of original utterances. If attention is not paid to possible alterations by interpreters to the original utterances of the witness and duty of care is lacking in the procedure of obtaining statement from witnesses through such interpreters, the official legal record may not be an accurate one. Drawing on the data of a video-recorded interpreter-mediated police interview in South Korea, this paper examines issues arising from the lack of understanding of the role of interpreters, which may have implications for criminal proceedings. The findings indicate that in addition to interpreter training, more efficient police training in the adoption of best practice guidelines in interviewing through interpreters is required.     

Child witness research and forensic interviews of young children: A review

In this article, we provide an introduction to child eyewitness memory issues that are frequently discussed and debated, both within the research and practice communities. We review several of the central areas of research on child eyewitness memory and some of the most promising protocols aimed at standardizing and improving child forensic interviews. We focus primarily on memory in young children, because they pose particular challenges. Research on the use of props and external cues to prompt young children's memory is discussed. We also review research on professionals' knowledge and attitudes about children as witnesses. It is concluded that we must guard against overly negative or overly optimistic views of children's abilities.     

对刑事证人出庭作证理论基础的思考

刑事证人出庭作证制度是证据法研究的热点之一,国内在该问题技术上的研究多于理论上的探索,似乎在该问题的理论基础上已有广泛的认同,即对义务论的认同,然而义务论会带来诸如主体工具之说,自由功利之说的许多困惑,相反,权利论却有独特的优势,因此如果尝试从权利论的角度解读证人作证制度,或许会有所收获。     

Trace evidence--the invisible witness

This paper reviews the use of microscopic trace evidence in actual casework. Three cases are discussed in which the microscopic analysis of trace evidence was used to: associate the people, places, and things involved in the incident; reconstruct the event; and describe the occupation(s) of the participants. Each case is discussed in detail from the initial stages of the investigation through the use of the trace evidence during the investigation and at the trial.     

The developmentally handicapped witness

This study compared the ability of 30 developmentally handicapped (DH) and 30 nonhandicapped individuals in their ability to report on witnessed events. Participants watched a film clip and were asked to respond to five different types of questions about it. Misleading or leading questions were embedded in three of the question types Results indicated that in response to free recall and very general questions, DH participants did not provide as complete responses as did nonhandicapped participants, although the information provided by both groups tended to be quite accurate. Both groups, and particularly DH individuals, were less accurate in responding to more focused shortanswer recall questions. In response to correct leading specific and statement questions, requiring recognition of the information provided, DH and control participants were comparable in their performance. DH participants had greater difficulty with misleading recall questions and false leading specific and statement questions. Results are discussed in terms of optimizing eyewitness accuracy in DH individuals.     

刑事证人作证制度的现状与完善

本文介绍了我国的刑事证人作证制度的现状 ,分析了存在的问题及其产生根源 ,并提出了完善证人作证制度的若干建议 ,即在立法中明确证人的义务 ,以及证人不履行义务应承担的责任 ,将拒证行为犯罪化 ,并且采取积极措施保障证人的有关权利 ,如保障证人及其亲属的人身权和财产权 ,补偿证人因出庭作证所遭受的经济损失 ,给予证人劳动保护等。     

The dichotomy of the expert witness

The expert on either side is either right, partially right, wrong, or wrong and dishonest. Even strongly opposed testimony is not evidence of dishonesty, although it is clear at least one expert is wrong. Some differences are the result of legitimate differences of opinion. However, the author has identified several categories of testimony that show dishonest intent. It is clear that the growth of financial incentives has increased the number of cases in which there are opposing experts. If some kind of corrective action is not taken, expert witnesses will no longer be an effective force in the legal system. A multidisciplinary testimony review board separate from the ethics function is clearly one answer to the problem.     

律师见证制度中的两大悖论

律师见证是指律师接受双方当事人的委托，以律师事务所的名义对民事法律行为的真实性、合法性进行证明和监督的一项活动。它旨在实现法律正义，然而，笔者发现该制度在设计与实际运行中存在两大悖论，即主观与客观的悖论和初衷与实效的悖论，致使该制度带有不客观、不公正的天性，并陡增处理民事官司的复杂性。因此，笔者认为封这一制度的期待应是“到此为止”。     

Co‐witness information influences whether a witness is likely to choose from a lineup

Purpose. Much crime is witnessed by more than one eyewitness, and witnesses may learn information about other witness's decisions throughout the identification and trial process. The objective of this paper was to investigate whether hearing about a co‐witness's type of lineup decision and subsequent confidence level affects another witness's type of lineup choice. Methods. A total of 304 undergraduate students watched a crime video with a confederate co‐witness. After the video, the witnesses completed an identification task. Prior to completing the task, the participant learned that the confederate co‐witness either chose from or rejected the lineup and was subsequently confident or not confident in that decision (or heard no co‐witness information). Participants completed the identification task using either a target present (TP) or target absent (TA) lineup. Results. Overall, those who heard the co‐witness chose from the lineup were more likely to choose from the lineup than those who heard no co‐witness information or who heard the co‐witness rejected the lineup. In addition, witnesses who chose from the lineup and heard the co‐witness chose from or rejected the lineup expressed more confidence in that choice if the co‐witness was more confident versus if the co‐witness was less confident. Conclusions. In cases of multiple witnesses, identification decisions may not be independent pieces of evidence. Therefore, it is important that police separate co‐witnesses throughout the identification process.     

Judicial perceptions of child witness competence

Concern about the difficulties faced by child witnesses in the legal system has led to two major areas of reform: the relaxation of competence and corroboration requirements, and the introduction of special procedures and physical facilities to reduce the emotional pressures of testifying. Although the implementation of these measures depends largely on judicial discretion, little is known about judicial perceptions of child witnesses and about judicial acceptance of these measures. Fifty magistrates and judges in New South Wales, Australia were asked via interview or questionnaire about their beliefs, concerns, and practices related to child witnesses. There was considerable variability in their views about the competence of child witnesses and the need for special protective measures in court for these witnesses. There was, however, more consensus about those aspects of children's ability to testify that give rise to judicial concerns about their competence. Children's honesty was not at issue; they were generally regarded as being at least as honest as adults, if not more so. They were, however, perceived as highly suggestible and susceptible to the influence of others and prone to fantasy. These findings are consistent with the findings of other studies, and provide a basis for judicial education in relation to child witnesses.     

论鉴定人制度的完善

本文通过比较研究,我国鉴定人制度和我国司法鉴定制度亟待解决的核心问题是完善鉴定人法律地位、资格,鉴定决定权与鉴定人作证制度等问题.提出我国鉴定人法律地位证人化,鉴定人资格规范化,鉴定决定权当事人化,鉴定人必须出庭作证拜须经资格审查,鉴定结论受传闻规则的制约.