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Apr 22, 2021 · New rules on witness statements came into effect on 6 April 2021, following the recommendations of the Witness Evidence Working Group. Many of the principles and aims within those rules will be familiar to litigators.
2 days ago · ARTICLE12 September 2024. Witnesses' appearance in court is mandatory when summoned. The law requires that witnesses be summoned at least 24 hours before the hearing, though they may appear without prior notice if requested by the plaintiffs. During the trial, the court has the authority to summon any person whose testimony may be deemed ...
Mar 14, 2024 · Netflix has partnered with STV Studios and commissioned a brand-new scripted true-crime series, The Witness. Centered on the murder of Rachel Nickell, which was witnessed by her son Alex Hanscombe on the Wimbledon Common, he and his father, André, tell their story.
- Senior Writer
- Why Look at Gestmin?
- Point by Point
- Human Memory Is Fallible
- Common Misconceptions with Memory
- The Faulty Model of Memory as A Mental Record
- Memory Is Especially Unreliable When It Comes to Recalling Past Beliefs
- The Process of Civil Litigation Itself Subjects Memory to Biases
- The Procedure of Preparing For Trial Has A Considerable interference with Memory
- The Difference Between Reconstruction and Recollection
- The Approach of The Judge
In Gestmin Leggatt J spent some time setting out principles relating to the assessment of witness evidence. These principles have been adopted in numerous cases since. It is probable that they are (consciously or unconsciously) adopted by most judges who determine issues of fact. This blog has examined the case before.However I want to go through t...
There obvious difficulty with allegations and oral evidence based on recollection of events which occurred several years ago is human memory.
Everyone knows human memory is fallible.The legal system has not sufficiently absorbed the research into the nature of memory and the unreliability of eyewitness testimony.We are not aware of the extent to which our own memories are unreliable and believe our memories to be more faithful than they are.Two common and related errors are that: 1. The stronger and more vivid is our feeling or experience of recollection the more likely the recollection is to be accurate. 2. The more confident another person is in their recollection, the more likely their recollection is to be accurate.
Underlying both these errors is a faulty model of memory as a mental record which is fixed at the time of the event and fades over time. 1. Memories are fluid and malleable. 2. They are constantly rewritten whenever they are retrieved. 3. This is true of “flashbulb” memories of a shocking or traumatic event. 4. The very description “flashbulb” memo...
Memory is unreliable when it comes to past beliefs. 1. Memories are revised to make them more consistent with our present beliefs. 2. Studies show that memory is particularly vulnerable to inference and alteration when a person is presented with new information or suggestions when their memory is already weak due to passage of time.
The process of civil litigation itself subjects the memories of witnesses to powerful biases. 1. Witnesses have a stake in a particular version of events. 2. This is more obvious in relation to parties and those with ties of loyalty to parties. 3. More subtle influences include the very process of making a witness statement and going to court to gi...
Considerable interference with memory is introduced by the process of preparing for trial. 1. A witness is often asked to make a statement a long time after the relevant events. 2. The statement is usually drafted by a lawyer who is lawyer who is conscious of the significance of the issues in the case. 3. The statement is made after a witness’s mem...
Witnesses are often asked in cross-examination the difference between reconstruction and recollection. 1. These questions are misguided. 2. There is a presumption that there is a clear distinction between recollection and reconstruction. 3. All remembering of distant events involves reconstruction processes. 4. Such questions disregard the fact tha...
Mr Justice Legatt was particularly concerned with commercial cases. However, again, these matters are probably universal. 1. A judge places little, if any, reliance on witnesses’ recollections of what was said in meeting and conversations. 2. Factual findings are based on inferences drawn from the documentary evidence and known probable facts.
Interviews with victims and witnesses are conducted at scenes of crime, at witnesses’ homes, at their place of work, in cars and in the street. The techniques of investigative interviewing will help investigators to achieve results in even the most unpromising circumstances.
Feb 8, 2022 · The fundamental role of the Crown Prosecution Service (CPS) is to protect the public, support victims and witnesses and deliver justice. The CPS will enable, encourage and support the effective...
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Jul 15, 2024 · Introduction. This guidance is intended to summarise the relevant legal principles, rather than provide a definitive guide to the law, and to provide practical advice for prosecutors on various...
