The Trial-Time/Forum Principle and the Nature of Evidence Rules

2008 ◽  
Author(s):  
Alex Stein
Keyword(s):  
Trial Time ◽  
Evidence Rules

Character Evidence

2016 ◽  
Author(s):  
Michael J. Saks ◽  
Barbara A. Spellman
Keyword(s):  
Common Law ◽  
Basic Rule ◽  
Criminal Cases ◽  
Criminal Records ◽  
Witness Credibility ◽  
Judicial Instructions ◽  
Character Evidence ◽  
Evidence Rules ◽  
Special Rule ◽  
Sexual Conduct

The basic rule limiting character evidence is quite sensible. Personality traits predict less than most people (including jurors) realize; situations, and person-by-situation interactions, are more potent forces. As the law suspects, people tend to perceive the behavior of others through lenses of propensity; consequently, they over-attribute and over-predict consistency between character and conduct. In fashioning the character evidence rules, common law judges correctly diagnosed a problem and took steps to temper those attributional tendencies to avoid inaccurate and unfair verdicts. The rules allow numerous exceptions, admitting some character evidence out of fairness or to permit helpful evidence while barring its most misleading variants. For example, defendants in criminal cases are permitted to offer evidence of their own character or the character of a victim. Other exceptions are made to assist factfinders to evaluate witness credibility. A special class of that rule deals with witnesses’ criminal records: a maze of sub-rules governs admissibility of prior crimes. Research finds that people tend to rely on prior crime evidence for its improper propensity purpose, contrary to judicial instructions about the limited use to which it may be put. A relatively new set of rules permits prior criminal sexual conduct to be admitted, allowing factfinders to draw inferences about “any matter to which it is relevant.” These rules are controversial because they invite jurors to engage in the very propensity thinking that centuries of evidence doctrine prohibited. Moreover, behavioral data do not support the theory behind a special rule for prior criminal sexual conduct.

Introduction

2016 ◽  
Author(s):  
Michael J. Saks ◽  
Barbara A. Spellman
Keyword(s):  
Basic Research ◽  
Psychological Research ◽  
Psychological Processes ◽  
Thought Processes ◽  
Psychological Understanding ◽  
Trial Judges ◽  
Rules Of Evidence ◽  
Evidence Rules ◽  
The Impact ◽  
Over Time

Rules of evidence are designed to facilitate trials by controlling what evidence may be presented at trial. Those rules came into being, and evolved over time, due to changes in trial process and structure – especially following the rise of adversarial procedure, whereby control over the marshaling and presentation of facts shifted from judges to lawyers. Refinements and reforms continue to be undertaken to try to improve the scope and clarity of the rules. Trial judges must not only apply the rules, they also have the discretion to make rulings in light of their expectations of the impact they think the evidence will have on jurors. This task involves metacognition: one human trying to estimate the thought processes of others. Thus, evidence rulemakers have been and are, effectively, applied psychologists. The rules of evidence reflect their understanding of the psychological processes affecting, and capabilities and limitations of witnesses, lawyers and jurors. Psychological research and methods provide an additional source of insight and assistance in that endeavor. Better psychological understanding should lead to more effective rules. Psychologists typically employ the scientific method: empirically testing hypotheses in an effort to discover which are valid understandings of how people perceive, store, and retrieve information. To evaluate evidence rules, one could conduct experiments directly on a rule, or borrow from existing knowledge developed in basic research and see whether those understandings support existing or proposed evidence rules.

The Value Basis of Evidence Rules

2013 ◽  
pp. 249-262
Author(s):  
Baosheng Zhang ◽  
Chuanming Fan
Keyword(s):  
Evidence Rules

scholarly journals Core-Temperature Sensor Ingestion Timing and Measurement Variability

2010 ◽  
Vol 45 (6) ◽  
pp. 594-600 ◽  
Author(s):  
Joseph W. Domitrovich ◽  
John S. Cuddy ◽  
Brent C. Ruby
Keyword(s):  
Core Temperature ◽  
Repeated Measures ◽  
Peak Oxygen Uptake ◽  
Wireless Data ◽  
Data Logger ◽  
Measurement Variability ◽  
Percentage Body Fat ◽  
Trial Time ◽  
Time Interaction ◽  
Main Effect

Abstract Context: Telemetric core-temperature monitoring is becoming more widely used as a noninvasive means of monitoring core temperature during athletic events. Objective: To determine the effects of sensor ingestion timing on serial measures of core temperature during continuous exercise. Design: Crossover study. Setting: Outdoor dirt track at an average ambient temperature of 4.4°C ± 4.1°C and relative humidity of 74.1% ± 11.0%. Patients or Other Participants: Seven healthy, active participants (3 men, 4 women; age  =  27.0 ± 7.5 years, height  =  172.9 ± 6.8 cm, body mass  =  67.5 ± 6.1 kg, percentage body fat  =  12.7% ± 6.9%, peak oxygen uptake [V˙o2peak]  =  54.4 ± 6.9 mL•kg−1•min−1) completed the study. Intervention(s): Participants completed a 45-minute exercise trial at approximately 70% V˙o2peak. They consumed core-temperature sensors at 24 hours (P1) and 40 minutes (P2) before exercise. Main Outcome Measure(s): Core temperature was recorded continuously (1-minute intervals) using a wireless data logger worn by the participants. All data were analyzed using a 2-way repeated-measures analysis of variance (trial × time), Pearson product moment correlation, and Bland-Altman plot. Results: Fifteen comparisons were made between P1 and P2. The main effect of time indicated an increase in core temperature compared with the initial temperature. However, we did not find a main effect for trial or a trial × time interaction, indicating no differences in core temperature between the sensors (P1  =  38.3°C ± 0.2°C, P2  =  38.3°C ± 0.4°C). Conclusions: We found no differences in the temperature recordings between the 2 sensors. These results suggest that assumed sensor location (upper or lower gastrointestinal tract) does not appreciably alter the transmission of reliable and repeatable measures of core temperature during continuous running in the cold.

The Islamic and Western Cultures and Values of Privacy

2019 ◽  
Vol 16 (1) ◽  
pp. 51-80
Author(s):  
Sattam Eid Almutairi
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Self Determination ◽  
Crucial Importance ◽  
Limited Government ◽  
Privacy Law ◽  
Evidence Rules ◽  
The Usa ◽  
The Impact ◽  
Mass Surveillance

AbstractThe paper provides valuable accounts of the general concepts underlying privacy law in both cultures, and great detail about the impact of criminal procedure and evidence rules on privacy in reality rather than legal theory. It is, in this sense, a “realist” approach to privacy, particularly but not exclusively in relation to sexual activity. The distinction which the article draws between the frameworks within which privacy is conceived broadly, self-determination and limited government in the USA, protection of one’s persona in Europe, and reputation in Islamic law. However, the paper argues that Western and Islamic traditions share many of the same concepts about the tests to be applied when deciding how far an intrusion on privacy is justified and value many of the same interests in doing so. At the same time, it will highlight those areas where they differ which are not ones of crucial importance when deciding, for example, what are the proper limits on mass surveillance. Indirectly, this shows that even though there may be stark differences between the cultures on some points, there is enough agreement on some aspects of privacy to make comparisons in relation to issues such as mass surveillance.

scholarly journals The WISDOM Personalized Breast Cancer Screening Trial: Simulation Study to Assess Potential Bias and Analytic Approaches

2018 ◽  
Vol 2 (4) ◽  
Author(s):  
Martin Eklund ◽  
Kristine Broglio ◽  
Christina Yau ◽  
Jason T Connor ◽  
Allison Stover Fiscalini ◽  
...  
Keyword(s):  
Breast Cancer ◽  
Cancer Screening ◽  
Breast Cancer Screening ◽  
Study Entry ◽  
Entry And Exit ◽  
Primary Analysis ◽  
Trial Time ◽  
Risk Stratum ◽  
Analysis Strategy ◽  
Total Exposure Time

Abstract Background WISDOM (Women Informed to Screen Depending on Measures of Risk) is a randomized trial to assess whether personalized breast cancer screening—where women are screened biannually, annually, biennially, or not at all depending on risk and age—can prevent as many advanced (stage IIB or higher) cancers as annual screening in women ages 40–74 years across 5 years of trial time. The short study time in combination with design choices of not requiring study entry and exit mammograms for all participants may introduce different sources of bias in favor of either the personalized or the annual arm. Methods We designed a simulation model and performed 5000 virtual WISDOM trials to assess potential biases. Each virtual trial simulated 65 000 randomly assigned participants who were each assigned a risk stratum and a time to stage of at least IIB cancer sampled from an exponential distribution with the hazard rate based on the risk stratum. Results from the virtual trials were used to evaluate two candidate analysis strategies with respect to susceptibility for introducing bias: 1) difference between arms in total number of events over total trial time, and 2) difference in number of events within complete screening cycles. Results Based on the simulations, about 86 stage IIB or higher cancers will be detected within the trial and the total exposure time will be about 74 000 years in each arm. Potential ascertainment bias is introduced at study entry and exit. Analysis strategy 1 works better for the nonscreened stratum, whereas method 2 is considerably more unbiased for the strata of women screened biennially or every 6 months. Conclusion Combining the two candidate analysis approaches gives a reasonably unbiased analysis based on the simulations and is the method we will use for the primary analysis in WISDOM. Publishing the WISDOM analysis approach provides transparency and can aid the design and analysis of other individualized screening trials.

scholarly journals The Combined Tool Approach for Face Mask Removal During On-field Conditions

2008 ◽  
Vol 43 (1) ◽  
pp. 14-20 ◽  
Author(s):  
Stephanie D. Gale ◽  
Laura C. Decoster ◽  
Erik E. Swartz
Keyword(s):  
Cutting Tool ◽  
National Collegiate Athletic Association ◽  
Face Mask ◽  
Field Conditions ◽  
Weather Variables ◽  
Trial Time ◽  
Removal Time ◽  
Football Helmets ◽  
Division Ii ◽  
Time Required

Abstract Context: An effective approach to emergency removal of the face mask (FM) from a football helmet should include successful removal of the FM and limitation of both the time required and the movement created during the process. Current recommendations and practice are to use a cutting tool to remove the FM. Researchers recently have suggested an alternate approach that combines the use of a cordless screwdriver and a cutting tool. This combined tool approach has not been studied, and FM removal has not been studied in a practical setting. Objective: To investigate the effectiveness and speed of using a combined tool approach to remove the FMs from football helmets during on-field conditions throughout the course of a football season. Design: Randomized multigroup design. Setting: Practice field of 1 National Collegiate Athletic Association Division II football college. Patients or Other Participants: Eighty-four members of 1 football team. Intervention(s): We used a battery-operated screwdriver for FM removal and resorted to using a cutting tool as needed. Main Outcome Measure(s): We tracked FM removal success and failure and trial time and compared results based on helmet characteristics, weather variables, and the seasonal timing of the removal trial. Results: Of the 84 players, 76 were available for data-collection trials. Overall, 98.6% (75/76) of FM removal trials were successful and resulted in a mean removal time of 40.09 ± 15.1 seconds. We found no differences in FM removal time throughout the course of the season. No differences in effectiveness or trial time were found among helmet characteristics, weather variables, or the timing of the trial. Conclusions: Combining the cordless screwdriver and cutting tool provided a fast and reliable means of on-field FM removal in this Division II setting. Despite the excellent overall result, 1 FM was not removed in a timely manner. Therefore, we recommend that athletic trainers practice helmet removal to be prepared should FM removal fail.

Nose-rings influence feeding efficiency in pigs

2000 ◽  
Vol 71 (2) ◽  
pp. 259-264 ◽  
Author(s):  
I. Horrell ◽  
P. A’Ness ◽  
S. A. Edwards ◽  
I. Riddoch
Keyword(s):  
Test Meal ◽  
Nasal Septum ◽  
Solid Food ◽  
Trial Time ◽  
Hard Surface ◽  
Feeding Efficiency ◽  
Direct Competition ◽  
Plain Surface ◽  
The Difference ◽  
Upper Rim

AbstractNose-rings are often fitted to outdoor commercial pigs to inhibit rooting and reduce consequent pasture damage. During ethological observations of the behaviour of ringed pigs at pasture, subjective impressions suggested that pigs with nose-rings picked up their normal feed, in the form of large nuts (‘roll nuts’), more tentatively than unringed pigs. The observed pigs were gestating sows under one of three treatments: unringed controls (UR), multiple wire ‘clip-rings’ through the upper rim of the snout (CR), or rigid ‘bull-rings’ through the nasal septum (BR). For formal assessment of feeding efficiency eight randomly selected pigs from each condition were timed and video-recorded, in individual feeder stalls, as they ate 20 3-cm long roll-nuts laid out in a standard rectilinear array in a steel-sided tray under each of five conditions: on a hard surface, on the surface of soil, on the surface of turf, embedded in soil, or embedded in turf. All groups took longer to eat up their test meal from the plain surface than from the surfaces of either soil or turf and longer still when the nuts were embedded. In all conditions, ringed pigs took longer to eat their 20 nuts than did controls, with BR > CR > UR (overall mean times, pooling data from the different feeding conditions: 118·6, 69·9 and 56·7 s respectively: P < 0·001). The difference between groups was greatest when nuts were embedded. Also, when nuts were embedded, ringed pigs were more reluctant to root: the latency to their first rooting action was delayed (mean latency across both embedded’ conditions: 29·6, 87·9 and 106·8 s for UR, CR and BR pigs, respectively: P < 0·01 with soil and turf conditions combined) and, even after starting, a smaller proportion of the residual trial time was spent rooting (0·11, 0·27 and 0·62 of the total time by BR, CR and UR pigs respectively; P < 0·001). It is concluded that nose-ringing depresses the efficiency with which pigs feed on solid food, especially if they have to root for it. The threat to welfare inherent in this will be greatest when ringed pigs are in direct competition with unringed pigs.

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