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111.
112.
Samples containing DNA from two or more individuals can be difficult to interpret. Even ascertaining the number of contributors can be challenging and associated uncertainties can have dramatic effects on the interpretation of testing results. Using an FBI genotypes dataset, containing complete genotype information from the 13 Combined DNA Index System (CODIS) loci for 959 individuals, all possible mixtures of three individuals were exhaustively and empirically computed. Allele sharing between pairs of individuals in the original dataset, a randomized dataset and datasets of generated cousins and siblings was evaluated as were the number of loci that were necessary to reliably deduce the number of contributors present in simulated mixtures of four or less contributors. The relatively small number of alleles detectable at most CODIS loci and the fact that some alleles are likely to be shared between individuals within a population can make the maximum number of different alleles observed at any tested loci an unreliable indicator of the maximum number of contributors to a mixed DNA sample. This analysis does not use other data available from the electropherograms (such as peak height or peak area) to estimate the number of contributors to each mixture. As a result, the study represents a worst case analysis of mixture characterization. Within this dataset, approximately 3% of three-person mixtures would be mischaracterized as two-person mixtures and more than 70% of four-person mixtures would be mischaracterized as two- or three-person mixtures using only the maximum number of alleles observed at any tested locus. 相似文献
113.
114.
This article focuses upon the utilisation of film evidence in criminal proceedings. It describes and evaluates the historical
deployment of this type of material at War Crimes Trials, with particular emphasis upon the International Military Tribunal
established at Nuremberg, in 1945, in the wake of the Second World War. During this Trial, the prosecution placed reliance
upon the film, Nazi Concentration Camps, depicting with graphic realism the horrific barbarism of the Nazi regime. However, this was only made possible by the implementation
of innovatory evidential procedures, effectively circumventing the hearsay rule. A comparison is drawn between this, and the
current position in England and Wales, following the recent relaxation of the traditional embargo upon hearsay evidence. However,
film evidence of the type adduced at Nuremberg may be more prejudicial than probative and should such circumstances arise,
the interests of justice may not truly be served.
Susan Twist is Senior Lecturer in Law at the Lancashire Law School, University of Central Lancashire. smtwist@uclan.ac.uk. The author was assisted in research for this article by the dissertation of Kellie Goggins. 相似文献
115.
116.
Although representative payeeship is prevalent among people with mental illness and shows promise to positively influence
clinically relevant outcomes, research also suggests this legal mechanism could be implemented in ways that are problematic.
The current study examined whether family representative payeeship was associated with elevated risk of family violence perpetrated
by persons with severe mental illness (SMI). Data were collected every 4 months for 1 year in structured interviews with N
= 245 persons with SMI who received disability benefits. Multivariate analyses showed that substance abuse, history of violence,
frequency of family contact, and family representative payeeship were associated with elevated odds of family violence. Analyses
also showed family contact and family representative payeeship had a cumulative effect on increasing the predicted probability
of family violence (controlling for covariates such as violence history and substance abuse). The data shed light on the potential
for family representative payeeship to be associated with increased risk of interpersonal conflict and violence in SMI. 相似文献
117.
Jurors in negligence cases are supposed to judge a defendant by the reasonableness of his or her conduct and not by the consequences
of that conduct. But several studies have shown that a cognitive heuristic known as hindsight bias can skew post hoc judgments of some prior behavior. Thus, jurors who must evaluate the actions of a defendant may be influenced inappropriately
by the consequences of those actions. A complementary problem arises when jurors must evaluate the injuries incurred by the
plaintiff. Here, jurors' knowledge about the defendant's allegedly negligent conduct can proactively influence their assessment
of the plaintiff's injuries and determination of damages. The purpose of the present study was to examine the effectiveness
of two procedural techniques intended to reduce or eliminate the impact of hindsight bias in negligence cases—multiple admonitions
from a judge about the proper use of evidence—and bifurcation (actually withholding irrelevant evidence from jurors). We presented
a re-enacted automobile negligence trial to 355 jury-eligible adults drawn from the community, varied the evidence and instructions
that they heard, and measured liability judgments and damage awards from individual jurors both before and after deliberating,
and from juries. Results showed that admonitions were generally ineffective in guiding jurors to the proper use of evidence
but that bifurcation was relatively more effective. Deliberations had no curative effect on jurors' misapplication of evidence. 相似文献
118.
119.
This article looks at the potential for legal action brought by prisoners (and their dependants) who have suffered from the alleged neglect of the prison authorities. The article will examine the case law in this area to assess the success of prisoners’ negligence claims and whether such claims are unduly fettered by judicial attitudes and other more practical issues such as the difficulty in establishing a breach of duty. In particular the article will consider whether the law and its application has been, or should be, modified in the light of new obligations imposed on public authorities, including the courts, by the Human Rights Act 1998 and by the developing case law of the European Court of Human Rights in respect of Convention rights such as the right to life and freedom from inhuman and degrading treatment. 相似文献
120.
A Re-examination of the Effects of Biased Lineup Instructions in Eyewitness Identification 总被引:1,自引:0,他引:1
Clark SE 《Law and human behavior》2005,29(5):575-604
A meta-analytic review of research comparing biased and unbiased instructions in eyewitness identification experiments showed
an asymmetry; specifically, that biased instructions led to a large and consistent decrease in accuracy in target-absent lineups,
but produced inconsistent results for target-present lineups, with an average effect size near zero (Steblay, 1997). The results
for target-present lineups are surprising, and are inconsistent with statistical decision theories (i.e., Green & Swets, 1966).
A re-examination of the relevant studies and the meta-analysis of those studies shows clear evidence that correct identification
rates do increase with biased lineup instructions, and that biased witnesses make correct identifications at a rate considerably
above chance. Implications for theory, as well as police procedure and policy, are discussed. 相似文献