An Evaluation of the Use of Videotaped Evidence for Juvenile Witnesses in Criminal Courts in England and Wales

For the first time, the UK Criminal Justice Act (1991) allowed the videotaped evidence of a child to be substituted for the child's evidence-in-chief in a criminal court. The present study is an evaluation of that legislation. One hundred and fifty children were observed testifying in a criminal court in the UK. The use of the videotaped evidence and subsequent cross-examination of the child witness (usually via the closed circuit television system) was also observed. The data base from the Lord Chancellor's Department of all trials involving child witnesses in England and Wales was also analysed. The results showed that the introduction of the video technology into the criminal courts reduced the levels of stress of child witnesses but did not increase the conviction rates.     

Public/private information sharing in healthcare fraud investigations

Private insurers have good reason, both in their private interest and in the public interest, for pursuing and rooting out fraud in the healthcare system; moreover, they often have sophisticated data systems, substantial investigative information, and management expertise that can be useful to prosecutors. It makes sense, as a public policy matter, to undertake steps to encourage insurers to be aggressive in pursuing legitimate fraud cases, and to provide a framework for effective cooperation and information sharing with law enforcement. At the same time, prosecutors are responsible for enforcing equal justice under the law; thus, any such relationship must be handled in an appropriate manner, with safeguards to protect privacy and the reputation of investigative subjects. While the courts have not yet explored many of the relevant legal and factual issues in this area, the author surveys existing guidance under governing laws and policies applicable to state and federal prosecutors, and suggests techniques to prevent inappropriate communication or use of such information.     

Hungary's pre-accession strategy to the European Union in education, training and research

The article presents an analysis of the expected impact of EU accession on the Hungarian education, training and academic research system with a number of recommendations for an integration policy in these sectors. The first part of the article develops four themes: (1) the current level of preparation of the country for accession in the education sector, (2) the possible longer term benefits of accession, (3) the shorter term costs and (4) the most important elements of a policy of integration. A distinction is made between material and cultural, and that of political cost and benefits, the stress being laid on the second. One of the conclusions of the author is that accession may open up a number of new opportunities for the development and modernisation of the country but that these can be exploited only if the country has a coherent sectorial strategy. Specific preparation actions are proposed in the areas of school education, higher education, vocational training and research policy. The article presents a list of the most important short term government measures and the needs for institutional development. It also makes a proposal for possible further themes of investigation and research. This revised version was published online in July 2006 with corrections to the Cover Date.     

Education cooperation in the European Union at the threshold of the New Millenium

The principles of ‘double relevance’ and ‘user-friendliness’ are seen as being essential for the implementation of the EU education programmes SOCRATES II and LEONARDO da VINCI II. Against the background of the acquis in EU education cooperation two points are explored: a) the articles of the Treaty are not fully used, and b) the framework set is increasingly proving to be too restrictive. The Luxemburg process and the Bologna conference are the reason for the second point. The opinion is put forward that the exchanges of students and teachers and the information exchange can be further europeanized and, eventually, be organized in permanent European structures. This revised version was published online in July 2006 with corrections to the Cover Date.     

Compared to what? Instructing the jury on product defect under the Products Liability Act and the Restatement (Third) of Torts: Products Liability

This Article is based on a presentation given at Seton Hall University School of Law's Seventh Annual Health Law Symposium on February 12, 1999.