What Could ISEE do to Improve Expert Legal Testimony?

2016 ◽  
Vol 2016 (1) ◽  
Author(s):  
Raymond R Neutra*
Keyword(s):  
1946 ◽  
Vol 37 (1) ◽  
pp. 16
Author(s):  
Gustav Bychowski ◽  
Frank J. Curran
Keyword(s):  

Author(s):  
Sophie White

In eighteenth-century New Orleans, the legal testimony of some 150 enslaved women and men--like the testimony of free colonists--was meticulously recorded and preserved. Questioned in criminal trials as defendants, victims, and witnesses about attacks, murders, robberies, and escapes, they answered with stories about themselves, stories that rebutted the premise on which slavery was founded. Focusing on four especially dramatic court cases, Voices of the Enslaved draws us into Louisiana’s courtrooms, prisons, courtyards, plantations, bayous, and convents to understand how the enslaved viewed and experienced their worlds. As they testified, these individuals charted their movement between West African, indigenous, and colonial cultures; they pronounced their moral and religious values; and they registered their responses to labor, to violence, and, above all, to the intimate romantic and familial bonds they sought to create and protect. Their words--punctuated by the cadences of Creole and rich with metaphor--produced riveting autobiographical narratives as they veered from the questions posed by interrogators. Carefully assessing what we can discover, what we might guess, and what has been lost forever, Sophie White offers both a richly textured account of slavery in French Louisiana and a powerful meditation on the limits and possibilities of the archive.


Author(s):  
David M. Corey ◽  
Mark Zelig

In this chapter, the authors offer suggestions on how to write a report that answers the organizational client’s referral questions in a logical and effective manner. The chapter informs readers of the multiple audiences, well beyond the retaining party, that can be expected to scrutinize a written report, and offers guidance on how to write the report in a manner that anticipates the uses those various audiences may eventually make of the report and on how to avoid common errors. In recognition of the fact that the written report establishes the foundation for any future legal testimony, the authors describe the requirements for the admissibility of expert testimony in federal courts and differences between fact and expert witnesses. Finally, the chapter contains guidance on providing written reports and testimony in instances where the psychologist is retained by the examinee or the examinee’s attorney, as well as referrals for tie-breaking opinions.


2009 ◽  
Vol 16 (2) ◽  
pp. 115-150 ◽  
Author(s):  
Asma Sayeed

AbstractThis article analyzes two cases of early juristic opposition to the legal authority of hadīth narrated by women. These cases appear as striking anomalies for two reasons: first, jurists broadly agreed that the gender of narrators in a chain of transmission was not a criterion in evaluating hadīth; and second, the cases involve female Companions of the Prophet whose value as transmitters came to be universally acknowledged by Muslim scholars of the classical period. In this article, I demonstrate that these incidents of gender-based disparagement are more useful because of what they reveal about the development of hadīth transmission (riwāya) and legal testimony (shahāda) as technical categories rather than for what they can tell us about normative gender discourse in early and classical Islam. I also contextualize the cases in terms of early methodological debates on the legal authority of isolated reports (khabar al-wāhid, akhbār al-ahād).


2017 ◽  
Vol 29 (1) ◽  
pp. 3-25 ◽  
Author(s):  
John Appleby

This article uses evidence from the English High Court of Admiralty to examine the problem of mutiny and indiscipline among seafarers in the transatlantic trades during the 1680s and 1690s. It focuses on a venture of 1688, which is of particular interest not only for the light it sheds on maritime conditions, but also because it involved Daniel Defoe, a young and ambitious trader who was trying to establish a commercial opening in Chesapeake Bay. The article contextualizes this previously unknown venture, relating it to the development of the tobacco trade and its dependence on an expanding market and widening patterns of consumption. The failure of the voyage, in association with other business problems, had serious consequences for Defoe, leading to bankruptcy in 1692 and his withdrawal from direct involvement in overseas trade. Against a broader background of other voyages, the legal testimony heard by the court draws attention to the wider problem of mutinous conduct at sea. These cases were provoked by a range of grievances including pay, labour conditions and discipline. Repeatedly they raise questions about the conduct of masters at sea, including their rights and responsibilities. At the same time, the article argues that the upsurge in mutiny and indiscipline at sea, while revealing the inexorable tension between pay and productivity, also exposed deeper issues regarding seafaring custom and contract.


1989 ◽  
Vol 11 (1) ◽  
pp. 59-78
Author(s):  
W. T. Scott
Keyword(s):  

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