Search results for: courtroom testimony

Authors: Qi Wang

Abstract:

The amendment to Article 312(1) of the Criminal Procedure Act in January 2022 marked a paradigm shift in South Korean criminal proceedings by equalizing the evidentiary status of prosecutor-prepared interrogation records with those prepared by judicial police officers. This fundamental change has effectively dismantled the traditionally privileged status of prosecutorial interrogation records in Korea's criminal justice system. Consequently, accomplice statements and similar interrogatory evidence can now only be admitted through in-court testimony, significantly elevating the importance of courtroom testimony in criminal proceedings. However, the heightened reliance on courtroom testimony has exposed critical procedural vulnerabilities. Witnesses frequently forget crucial details, recant previous statements, or commit perjury, leading to protracted trials, escalating litigation costs, and compromised fact-finding processes. Current remedial mechanisms -including evidence preservation, investigator testimony, and pre-testimony witness interviews- remain predominantly under prosecutorial control, failing to adequately safeguard defendants' rights to fair trial and effective counsel. This paper advocates for the strategic adoption of the deposition system, drawing from U.S. adversarial legal traditions. While this system enables parties to conduct sworn witness examinations and create admissible pre-trial testimony records, its implementation must be carefully calibrated to align with Korea's legal framework, historical context, and judicial practices. Within the broader evidence disclosure framework, we propose establishing clear parameters for deposition functionality while preserving the principles of public trials and courtroom-centered adjudication. To ensure procedural integrity and balanced participation rights, we recommend implementing comprehensive safeguards, including judicial authorization requirements, mandatory video recording, pre-deposition training protocols, and robust post-deposition sanctions. These measures aim to enhance the discovery of substantive truth while maintaining procedural fairness.

Keywords: criminal procedure, deposition system, evidentiary capacity, courtroom testimony, judicial reform

Procedia PDF Downloads 1

Authors: Manveen Singh

Abstract:

Since the very advent of law enforcement, eyewitness testimony has played a pivotal role in identifying, arresting and convicting suspects. Reliant heavily on the accuracy of human memory, nothing seems to carry more weight with the judiciary than the testimony of an actual witness. The acceptance of eyewitness testimony as a substantive piece of evidence lies embedded in the assumption that the human mind is adept at recording and storing events. Research though, has proven otherwise. Having carried out extensive study in the field of eyewitness testimony for the past 40 years, psychologists have concluded that human memory is fragile and needs to be treated carefully. The question that arises then, is how reliable is eyewitness testimony? The credibility of eyewitness testimony, simply put, depends on several factors leaving it reliable at times while not so much at others. This is further substantiated by the fact that as per scientific research, over 75 percent of all eyewitness testimonies may stand in error; quite a few of these cases resulting in life sentences. Although the advancement of scientific techniques, especially DNA testing, helped overturn many of these eyewitness testimony-based convictions, yet eyewitness identifications continue to form the backbone of most police investigations and courtroom decisions till date. What then is the solution to this long standing concern regarding the accuracy of eyewitness accounts? The present paper shall analyze the linkage between human memory and eyewitness identification as well as look at the various factors governing the credibility of eyewitness testimonies. Furthermore, it shall elaborate upon some best practices developed over the years to help reduce mistaken identifications. Thus, in the process, trace out the changing landscape of eyewitness testimony amidst the evolution of DNA and trace evidence.

Keywords: DNA, eyewitness, identification, testimony, evidence

Procedia PDF Downloads 327

Authors: Romina Beqiri

Abstract:

In the context of the prosecution of those responsible for the commission of the most hideous crimes and the fight against impunity, a fundamental role is played by witnesses of the crimes who contribute to ascertaining the ‘procedural truth’. This article examines recent decisions and legislation of the Hague-based International Criminal Court in terms of the endangerment of the integrity of the criminal proceedings in consequence of witness tampering. The analysis focuses on the new developments in the courtroom and the academia, in particular, on the first-ever sentence confirming the charges of corruptly influencing witnesses, interpretation of presenting false evidence and giving false testimony when under an obligation to tell the truth. Confronted with recent tampering with witnesses and their credibility at stake in the ongoing cases, the research explores different Court’s decisions and scholars’ legal disputes concerning the deterrence approach to punish the authors of offences against the administration of justice when committed intentionally. Therefore, the analysis concludes that the Court cannot tolerate any witness false testimony and should enhance consistency and severity of sanctions for the sake of fair trial and end impunity.

Keywords: International Criminal Court, administration of justice, credibility of witness, fair trial, false testimony, witness tampering

Procedia PDF Downloads 169

Authors: Alexandra Sweny

Abstract:

This paper contends with the intersection between the act of witnessing and the act of reading in order to consider the relevance of literary testimony and fiction as tools for postcolonial readings of history. J. M. Coetzee's Waiting for the Barbarians elucidates what Primo Levi deems the 'paradoxical' task of testimony: that suffering can only be fully narrated by the sufferer themselves, whose voice and narrative capacity is often foreclosed by the very extent of their trauma. By examining the fictional Magistrate's position as both a reader and translator of history, this paper posits Waiting for the Barbarians as an ethical command against the appropriation of trauma.

Keywords: ethical criticism, limit-experience, postcolonialism, psychic trauma in literature, testimony

Procedia PDF Downloads 147

Authors: Zhanxing Li, Liqi Zhu

Abstract:

Authorities often intervene in children’s property conflicts, which may affect young children’s ownership understanding. First possession is a typical rule of ownership judgment. We recruited Chinese preschoolers as subjects and investigated their ownership reasoning regarding first possession, by setting three conditions via a conflicting cues method, in which a third party (mother or peer friend)’s testimony was always opposite to the cue of first possession (authority/non-authority testimony condition), or only the cue of first possession was present (no testimony condition). In Study A, we examined forty-two 3- and 5-year olds’ attribution and justification of ownership. The results showed while 5-year olds gave more support for the first possessor as the owner across three conditions, 3-year olds’ choice for the first possessor had no difference from the non-first possessor in the authority testimony condition. Moreover, 3-year olds tended to justify by reference to what mother said in the authority testimony condition, 5-year olds consistently referred to the first possession in three conditions. In Study B, we added two ownership questions to quantify children’s ability of ownership reasoning with four age groups (n = 32 for the 3-year-olds, n = 33 for the 4-year-olds, n = 27 for the 5-year olds and n = 30 for the adults) to explore the developmental trajectory further. It revealed that while 5-year olds’ performances were similar to the adults’ and always judged the first possessor as owner in three conditions, 3- and 4-year olds’ performed at chance level in the authority testimony condition. The results imply that Chinese young preschooler’s ownership reasoning was susceptible to authority’s testimony. Family authority may play an important role in diluting children’s adherence to ownership principles, which will be helpful for children to learn to share with others.

Keywords: authority, ownership judgment, preschoolers, testimony

Procedia PDF Downloads 189

Authors: Lev Bertovsky

Abstract:

The purpose of this study was to determine the reasons for the formation of false testimony from witnesses and make recommendations on the recognition of such cases. During the studies, which were based on the achievements of professionals in the field of psychology, as well as personal investigative practice, the stages of perception of the information were studied, as well as the process of its reclaim from the memory and transmission to the communicator upon request. Based on the principles of the human brain, kinds of conscientious witness mistakes were systematized. Proposals were formulated for the optimization of investigative actions in cases where the witnesses make an honest mistake with respect to the effects previously observed by them.

Keywords: criminology, eyewitness testimony, honest mistake, information, investigator, investigation, questioning

Procedia PDF Downloads 185

Authors: Alena Skalon, Jennifer L. Beaudry

Abstract:

Eyewitness misidentifications can sometimes lead to wrongful convictions of innocent people. This occurs in part because jurors tend to believe confident eyewitnesses even when the identification took place under suggestive conditions. Empirical research demonstrated that jurors are often unaware of the factors that can influence the reliability of eyewitness identification. Most common legal safeguards that are designed to educate jurors about eyewitness evidence are judicial instructions and expert testimony. To date, very few studies assessed the effectiveness of judicial instructions and most of them found that judicial instructions make jurors more skeptical of eyewitness evidence or do not have any effect on jurors’ judgments. Similar results were obtained for expert testimony. However, none of the previous studies focused on the ability of legal safeguards to improve jurors’ assessment of evidence obtained from suggestive identification procedures—this is one of the gaps addressed by this paper. Furthermore, only three studies investigated whether legal safeguards improve the ultimate accuracy of jurors’ judgments—that is, whether after listening to judicial instructions or expert testimony jurors can differentiate between accurate and inaccurate eyewitnesses. This presentation includes two studies. Both studies used genuine eyewitnesses (i.e., eyewitnesses who watched the crime) and manipulated the suggestiveness of identification procedures. The first study manipulated the presence of judicial instructions; the second study manipulated the presence of one of two types of expert testimony: a traditional, verbal expert testimony or expert testimony accompanied by visual aids. All participant watched a video-recording of an identification procedure and of an eyewitness testimony. The results indicated that neither judicial instructions nor expert testimony affected jurors’ judgments. However, consistent with the previous findings, when the identification procedure was non-suggestive, jurors believed accurate eyewitnesses more often than inaccurate eyewitnesses. When the procedure was suggestive, jurors believed accurate and inaccurate eyewitnesses at the same rate. The paper will discuss the implications of these studies and directions for future research.

Keywords: expert testimony, eyewitness evidence, judicial instructions, jurors’ decision making, legal safeguards

Procedia PDF Downloads 175

Authors: Natany Rodrigues De Carvalho, Denise Bomtempo Birche De Carvalho

Abstract:

The purpose of this study is to analyze the Special Testimony as a methodology for social workers to ensure the rights of children and adolescents who are victims of sexual violence. The specific objectives are: a) to contextualize, through the specialized literature, the social history of childhood and adolescence; b) to investigate, in the scientific literature, the sexual violence against children and adolescents as an analytical category; c) identify, with the social workers, if there is any defense of children and adolescents in the special testimony. To answer the research objectives we use qualitative research, in three axes that complement each other: a) participant observation through the insertion in the research field (supervised internship I and II); b) survey of literature on the subject; c) semi-structured interviews with social workers of the TJDFT. We used content analysis to systematize and interpret the collected data. The results of the research were organized into three chapters with the following contents: a) literature review, contextualizing the social history of childhood and adolescence to the present; b) sexual violence against children and adolescents and their categories of analysis; c) understanding of the special testimony in the Federal District and Territories in guaranteeing the rights of children and adolescents, identifying their main points from the perspective of social workers. The results showed how the lack of interdisciplinarity in the Special Testimony can lead to the non-integral protection of children and adolescents victims of sexual violence.

Keywords: childhood and adolescence, sexual violence, special testimony, social work

Procedia PDF Downloads 316

Authors: İrem Bulut, Mustafa Z. Söyük, Ertuğrul Yalçın, Simge Şişman-Bal

Abstract:

Eyewitness testimony is one of the most frequently used methods in criminal cases for the determination of crime and perpetrator. In the literature, the number of studies about the reliability of eyewitness testimony is increasing. The study aims to reveal the factors that affect the short-term and long-term visual memory performance of the participants in the event of an accident. In this context, the effect of the emotional content of the accident and the sounds during the accident on visual memory performance was investigated with eye-tracking. According to the results, the presence of visual and auditory stimuli with emotional content during the accident decreases the participants' both short-term and long-term recall performance. Moreover, the data obtained from the eye monitoring device showed that the participants had difficulty in answering even the questions they focused on at the time of the accident.

Keywords: eye tracking, eyewitness testimony, long-term recall, short-term recall, visual memory

Procedia PDF Downloads 159

Authors: Chih-Ping Chang

Abstract:

Different from traditional objective evidence, social media evidence has its own characteristics with easily tampering, recoverability, and cannot be read without using other devices (such as a computer). Simply taking a screenshot from social network sites must be questioned its original identity. When the police search and seizure digital information, a common way they use is to directly print out digital data obtained and ask the signature of the parties at the presence, without taking original digital data back. In addition to the issue on its original identity, this conduct to obtain evidence may have another two results. First, it will easily allege that is tampering evidence because the police wanted to frame the suspect and falsified evidence. Second, it is not easy to discovery hidden information. The core evidence associated with crime may not appear in the contents of files. Through discovery the original file, data related to the file, such as the original producer, creation time, modification date, and even GPS location display can be revealed from hidden information. Therefore, how to show this kind of evidence in the courtroom will be arguably the most important task for ruling social media evidence. This article, first, will introduce forensic software, like EnCase, TCT, FTK, and analyze their function to prove the identity with another digital data. Then turning back to the court, the second part of this article will discuss legal standard for authentication of social media evidence and application of that forensic software in the courtroom. As the conclusion, this article will provide a rethinking, that is, what kind of authenticity is this rule of evidence chase for. Does legal system automatically operate the transcription of scientific knowledge? Or furthermore, it wants to better render justice, not only under scientific fact, but through multivariate debating.

Keywords: federal rule of evidence, internet forensic, printouts as evidence, social media evidence, United States v. Vayner

Procedia PDF Downloads 289

Authors: Fuming Yang, Telma Sousa Almeida, Xinyu Li, Yunxi Deng, Heying Zhang, Michael E. Lamb

Abstract:

Twenty-seven children aged 6-15 years with autism spectrum disorder (ASD) and 32 typically developing children were questioned about their participation in a set of activities after a two-week delay and again after a two-month delay, using a best-practice interview protocol. This paper assessed the narrative coherence of children’s reports based on key story grammar elements and temporal features included in their accounts of the event. Results indicated that, over time, both children with ASD and typically developing (TD) children decreased their narrative coherence. Children with ASD were no different from TD peers with regards to story length and syntactic complexity. However, they showed significantly less coherence than TD children. They were less likely to use the gist of the story to organize their narrative coherence. Interviewer prompts influenced children’s narrative coherence. The findings indicated that children with ASD could provide meaningful and reliable testimony about an event they personally experienced, but the narrative coherence of their reports deteriorates over time and is affected by interviewer prompts.

Keywords: autism spectrum disorders, delay, eyewitness testimony, narrative coherence

Procedia PDF Downloads 285

Authors: Jocelyn Cohen

Abstract:

This paper identifies a powerful synchronicity of two traditions of life-story writing in the autobiographies of ritual abuse (RA) survivors, the Christian conversion narrative and the memoir of healing from childhood sexual trauma. Using methodologies from literary studies, history, and psychology, a close reading of three RA memoirs sheds light on a taboo and deeply suspect form of violence. Treatment of RA survivors and the unique role of psychotherapists, in particular, deserve far greater attention from multi-disciplinary scholars. Each story reflects salient characteristics of the Christian conversion narrative, a genre which originated in the US in the early 19th century with the serendipitous confluence of the simultaneous emergence of print culture and the basic structures of evangelicalism during the Second Great Awakening. The impulse of writing is thus to give testimony against the sin they witnessed and endured as young children during ritual violence perpetrated within the church. Importantly, RA is seen as an inherent if obscure aspect of Christian discourse itself, not in opposition to it, and not as an aberration. In RA's memoir, healing comes in part from the Christian narrative praxis of personal redemption, framed as prevailing in a war between good and evil. In other words, storytelling itself affects the healing, much as it does by means of each writer’s 'talking cure,' in the relationship with a psychotherapist who guides her through a repair of the life-story through the excavation of traumatic memories and their integration into the writer’s psyche. Integrating literary techniques into the psychotherapeutic relationship, therapists leverage the deep linguistic structures that clients possess as a resource to aid in their healing.

Keywords: memoir, psychotherapy, religion, trauma

Procedia PDF Downloads 122

Authors: S. Tehsin, S. Kausar

Abstract:

The ultimate aim of machine intelligence is to explore and materialize the human capabilities, one of which is the ability to detect various text objects within one or more images displayed on any canvas including prints, videos or electronic displays. Multimedia data has increased rapidly in past years. Textual information present in multimedia contains important information about the image/video content. However, it needs to technologically testify the commonly used human intelligence of detecting and differentiating the text within an image, for computers. Hence in this paper feature set based on anatomical study of human text detection system is proposed. Subsequent examination bears testimony to the fact that the features extracted proved instrumental to text detection.

Keywords: biologically inspired vision, content based retrieval, document analysis, text extraction

Procedia PDF Downloads 442

Authors: Akram Waheb Nasef Alzordoky

Abstract:

The wars and armed conflicts have frequently ended in violations of global humanitarian law and regularly devote the maximum severe global crimes, which include war crimes, crimes towards humanity, aggression and genocide. But, simplest inside the XX century, the guideline changed into an articulated idea of establishing a frame of worldwide criminal justice so that you can prosecute those crimes and their perpetrators. The first steps on this subject were made with the aid of setting up the worldwide army tribunals for warfare crimes at Nuremberg and Tokyo, and the formation of ad hoc tribunals for the former Yugoslavia and Rwanda. Ultimately, the global criminal courtroom was established in Rome in 1998 with the aim of justice and that allows you to give satisfaction to the sufferers of crimes and their families. The aim of the paper was to provide an ancient and comparative analysis of the establishments of worldwide criminal justice primarily based on which those establishments de lege lata fulfilled the goals of individual criminal responsibility and justice. Moreover, the authors endorse de lege ferenda that the everlasting global crook Tribunal, in addition to the potential case, additionally takes over the current ICTY and ICTR cases.

Keywords: social networks privacy issues, social networks security issues, social networks privacy precautions measures, social networks security precautions measures

Procedia PDF Downloads 21

Authors: Ronelle Prinsloo

Abstract:

Rule 41A was introduced to the Uniform Rules of Court with the intention of promoting alternative dispute resolution (ADR), specifically mediation, as a means of resolving disputes; its voluntary nature allows parties to explore mediation willingly without the imposition of a mandatory requirement. Defamation suits, often notorious for their protracted litigation timelines, could benefit from the streamlined efficiency offered by mandatory rule 41A processes. Mediation, when mandated, could serve as a swift alternative, alleviating the burden on the court system and providing expedited relief to aggrieved parties. By incorporating a mandatory mediation step, parties might be encouraged to engage in a more constructive dialogue at an earlier stage, potentially fostering resolutions that might be elusive within the confines of protracted courtroom battles. This expedited resolution could not only benefit the litigants involved but also contribute to the broader efficiency and efficacy of the legal system. However, the application of rule 41A in defamation cases raises intriguing questions about its effectiveness in balancing the scales between freedom of expression and the protection of reputation. In considering the potential merits of making rule 41A mandatory in defamation cases, a key consideration is the prospect of expeditious and cost-effective resolution.

Keywords: constitution of South Africa, defamation, litigation, mandatory, mediation

Procedia PDF Downloads 13

Authors: Irfan Mehmood, Tahir Mehmood

Abstract:

This article considers the far-reaching influence of globalization on the themes, styles, and influences that shape modern English literature. With globalization, the world is getting smaller and smaller through interdependent connections and cross-cultural sharing. In today's world, taking a walk and exploring nature is important. This paper reveals how globalization affected the narratives of English literature, where authors are allowed to write about universal topics while still honoring diversity and multiculturalism. English literature has a rich history, transcends borders, and encompasses various traditions. This research examines the history surrounding the various literary styles and how modern writers adapt and innovate in a fast-moving society. This study also examines how literature reflects on the interdependent world and becomes a testimony that English literature is flexible.

Keywords: globalization, contemporary literature, multiculturalism, narrative evolution, interconnectedness

Procedia PDF Downloads 75

Authors: Poulomi Bhadra, Manjushree Palit, Sanjeev P. Sahni

Abstract:

Forensic science uses all branches of science for criminal investigation and trial and has increasingly emerged as an important tool in the administration of justice. However, the growth and development of this field in India has not been as rapid or widespread as compared to the more developed Western countries. For successful administration of justice, it is important that all agencies involved in law enforcement adopt an inter-professional approach towards forensic science, which is presently lacking. In light of the alarmingly high average acquittal rate in India, this study aims to examine the lack of understanding and appreciation of the importance and scope of forensic evidence and expert opinions amongst law professionals such as lawyers and judges. Based on a study of trial court cases from Delhi and surrounding areas, the study underline the areas in forensics where the criminal justice system has noticeably erred. Using this information, the authors examine the extent of forensic understanding amongst legal professionals and attempt to conclusively identify the areas in which they need further appraisal. A cross-sectional study done using a structured questionnaire was conducted amongst law professionals across age, gender, type and years of experience in court, to determine their understanding of DNA, fingerprints and other interdisciplinary scientific materials used as forensic evidence. In our study, we understand the levels of understanding amongst lawyers with regards to DNA and fingerprint evidence, and how it affects trial outcomes. We also aim to understand the factors that prevent credible and advanced awareness amongst legal personnel, amongst others. The survey identified the areas in modern and advanced forensics, such as forensic entomology, anthropology, cybercrime etc., in which Indian legal professionals are yet to attain a functional understanding. It also brings to light, what is commonly termed as the ‘CSI-effect’ in the Western courtrooms, and provides scope to study the existence of this phenomenon and its effects on the Indian courts and their judgements. This study highlighted the prevalence of unchallenged expert testimony presented by the prosecution in criminal trials and impressed upon the judicial system the need for independent analysis and evaluation of the scientist’s data and/or testimony by the defense. Overall, this study aims to define a clearer and rigid understanding of why legal professionals should have basic understanding of the interdisciplinary nature of forensic sciences. Based on the aforementioned findings, the author suggests various measures by which judges and lawyers might obtain an extensive knowledge of the advances and promising potentialities of forensic science. This includes promoting a forensic curriculum in legal studies at Bachelor’s and Master’s level as well as in mid-career professional courses. Formation of forensic-legal consultancies, in consultation with the Department of Justice, will not only assist in training police, military and law personnel but will also encourage legal research in this field. These suggestions also aim to bridge the communication gap that presently exists between law practitioners, forensic scientists and the general community’s awareness of the criminal justice system.

Keywords: forensic science, Indian legal professionals, interdisciplinary awareness, legal education

Procedia PDF Downloads 340

Authors: Patrick Ho

Abstract:

Bloodstain Pattern Analysis (BPA) forensic evidence can be complex, requiring effective courtroom presentation to ensure clear and comprehensive understanding of the analyst’s findings. BPA witness statements can often involve reference to spatial information (such as location of rooms, objects, walls) which, when coupled with classified blood patterns, may illustrate the reconstructed movements of suspects and injured parties. However, it may be difficult to communicate this information through photography alone, despite this remaining the UK’s established method for presenting BPA evidence. Through an academic-police partnership between the University of Warwick and West Midlands Police (WMP), an integrated 3D scanning and HDR photography workflow for BPA was developed. Homicide scenes were laser scanned and, after processing, the 3D models were utilised in the BPA peer-review process. The same 3D models were made available for court but were not always utilised. This workflow has improved the ease of presentation for analysts and provided 3D scene models that assist with the investigation. However, the effects of incorporating 3D scene models in judicial processes may need to be studied before they are adopted more widely. 3D models from a simulated crime scene and West Midlands Police cases approved for conference disclosure are presented. We describe how the workflow was developed and integrated into established practices at WMP, including peer-review processes and witness statement delivery in court, and explain the impact the work has had on the Criminal Justice System in the West Midlands.

Keywords: bloodstain pattern analysis, forensic science, criminal justice, 3D scanning

Procedia PDF Downloads 96

Authors: Kendall Artz

Abstract:

In the 1950s, a wave of violent labor unrest shook a small town in south-western Louisiana leading to the racialisation of workers—previously considered white—as ‘mixed-race’ or, in local terms, ‘Redbone.’ This paper examines why the group known as ‘Redbones’ were marked as non-white in relation to strike violence and their opposition to capitalist expansion. Utilising archival research, historiography and oral testimony, I examine how an instance of labor unrest was reinterpreted by local law enforcement, an interstate capitalist class and the national press as calling into question the racial integrity of a group of workers who had been formerly marked as white. This explosive and largely unstudied strike provides an opportunity to better understand how racialisation operates as a technology of control, even over individuals who appear phenotypically white. The strike at Elizabeth allows a glimpse at the tactics of representatives of white supremacy when white workers do not fully embrace the ‘wages of whiteness.

Keywords: American federation of labor, labor history, Louisiana history, wages of whiteness

Procedia PDF Downloads 185

Authors: Eliziane Navarro

Abstract:

It is intended, in this study, from some poems from the work of the poet and Bishop of São Félix do Araguaia-MT Brazil Dom Pedro Casaldáliga, to analyze his poetics from the perspective of the environmental law. In his work, Casaldáliga made a considerable manifest against the oppression experienced especially by Xavante people inside the constryside of the state of Mato Grosso when some government programs benefited a large number of landowners in instead of that minority as a power and control self-affirmation process. The attention which Casaldáliga dismissed to the cause of indigenous eviction of their land called Maraiwatsede resulted in numerous death threats against the poet who was not silenced in face of the landowners’ grievances. His voice contributed significantly to the process of land returning to the indigenous people. Because of the international pressure, the Italian company AGIP, owner of the land, tried to return it to the hands of the indigenous, unfortunately, in the middle of the process, the land was occupied by politicians and big landowners of the region. Another objective of this research is to check the connection of his testimonial literature with the actual legal context of the state in the 50s and also to analyze his poetry as a complaint that led the cause of the state's indigenous to the Eco 92 discussion in Rio de Janeiro.

Keywords: law and literature, Brazil, indigenous, Pedro Casaldáliga

Procedia PDF Downloads 209

Authors: Arvin Ludovice

Abstract:

The modern way of communicating and connecting people has been in its easiest forms nowadays, one of it is blog. Blogs, nowadays, are truly relevant in informing people of different as aspects, interests, and fields through these blogs. The evidentiality and testimony of collective people are easily been accessed. However, the description of blog in the making is persuading people, choice of language is one—adverbial intensifiers. Measuring the language on a scale of its intensity subdue the intensity per se. The present study determines, scrutinizes and analyses the adverbial intensifiers used in Filipino and Malaysian. The corpus consists of 30 top travel blogs written by Filipinos and 30 top travel blogs written by Malaysian for a total of 60 travel blogs. The application AntConc was utilized to tag the necessary intensifiers. A frequency distribution of the scores is used to identify the most common intensifiers used by travel bloggers from the Philippines and Malaysia. The scale or degree of intensifier is taken from Quirk Degree of Intensifiers as the basis for the functions of intensifiers. The result found that Malaysian travel blogs are more expressive with the use of the adverbial intensifiers vis-à-vis Filipino travel bloggers, consequently, ranking of the intensifiers, boosters are most used one in expressing and utilizing the language choice a more. The conclusion states that Malaysian travel bloggers are of using the functionality of the adverbial intensifiers. The distinction on the pedagogical implications are hereunto stated as well to deepen and give its significant and importance in language teaching.

Keywords: adverbial intensifiers, blogs, Filipino and Malaysian blogs, AntConc

Procedia PDF Downloads 180

Authors: Alfred Quarcoo

Abstract:

The main purpose of this paper is to examine the causal relationship between energy consumption and economic growth in Sub-Saharan Africa using panel data techniques. An annual data on energy consumption and Economic Growth (proxied by real gross domestic product per capita) spanning from 1990 to 2016 from the World bank index database was used. The results of the Augmented Dickey–Fuller unit root test shows that the series for all countries are not stationary at levels. However, the log of economic growth in Benin and Congo become stationary after taking the differences of the data, and log of energy consumption become stationary for all countries and Log of economic growth in Kenya and Zimbabwe were found to be stationary after taking the second differences of the panel series. The findings of the Johansen cointegration test demonstrate that the variables Log of Energy Consumption and Log of economic growth are not co-integrated for the cases of Kenya and Zimbabwe, so no long-run relationship between the variables were established in any country. The Granger causality test indicates that there is a unidirectional causality running from energy use to economic growth in Kenya and no causal linkage between Energy consumption and economic growth in Benin, Congo and Zimbabwe.

Keywords: Cointegration, Granger Causality, Sub-Sahara Africa, World Bank Development Indicators

Procedia PDF Downloads 49

Authors: Nancy Elizabeth Naranjo Garcia

Abstract:

Canoa (1976) by Felipe Cazals is a film that exposes the consequences of power that the Mexican State exercised over the 1968 student movement. The film, in this particular way, approaches the Tlatelolco Massacre from a point of view that takes into consideration the events that led up to it. Nonetheless, the reference to the political tension in Canoa remains ambiguous. Thus, the cinematographic representation refers to an event that leaves space for reflection, and as a consequence leaves evidence of an image that signals the notion of survival as Georges Didi-Huberman points out. In addition to denouncing the oppressive force by the Mexican State, the images in Canoa also emphasize what did not happen in Tlatelolco and its condensation with the student activists. To observe the images that Canoa offers in a new light, this work proposes further exploration with the following questions; How do the images in Canoa narrate? How are the images inserted in the film? In this fashion, a more profound comprehension of the objective and the essence of the images becomes feasible. As a result, it is possible to analyze the images of Canoa with the real killing at San Miguel Canoa in literature. The film visualizes a testimony of the event that once seemed unimaginable, an image that anticipates and structures the proceeding event. Therefore, this study takes a second look at how Canoa considers not only the killing at San Miguel Canoa and the Tlatlelolco Massacre, but goes further on contextualize an unimaginable image.

Keywords: cinematographic representation, student movement, Tlatelolco Massacre, unimaginable image

Procedia PDF Downloads 216

Authors: Alice Brites, Gerd Sparovek, Jean Paul Metzger, Ricardo Rodrigues

Abstract:

The segregation between science and policy in decision making process hinders nature conservation efforts worldwide. Scientists have been criticized for not producing information that leads to effective solutions for environmental problems. In an attempt to bridge this gap between science and practice, we conducted a project aimed at supporting the implementation of the Brazilian Native Vegetation Protection Law (NVPL) implementation in São Paulo State (SP), Brazil. To do so, we conducted multiple open meetings with the stakeholders involved in this discussion. Throughout this process, we raised stakeholders' demands for scientific information and brought feedbacks about our findings. However, our main scientific advice was not taken into account during the NVPL implementation in SP. The NVPL has a mechanism that exempts landholders who converted native vegetation without offending the legislation in place at the time of the conversion from restoration requirements. We found out that there were no accurate spatialized data for native vegetation cover before the 1960s. Thus, the initial benchmark for the mechanism application should be the 1965 Brazilian Forest Act. Even so, SP kept the 1934 Brazilian Forest Act as the initial legal benchmark for the law application. This decision implies the use of a probabilistic native vegetation map that has uncertainty and subjectivity as its intrinsic characteristics, thus its use can lead to legal queries, corruption, and an unfair benefit application. But why this decision was made even after the scientific advice was vastly divulgated? We raised some possible reasons to explain it. First, the decision was made during a government transition, showing that circumstantial political events can overshadow scientific arguments. Second, the debate about the NVPL in SP was not pacified and powerful stakeholders could benefit from the confusion created by this decision. Finally, the native vegetation protection mechanism is a complex issue, with many technical aspects that can be hard to understand for a non-specialized courtroom, such as the one that made the final decision at SP. This example shows that science and decision-makers still have a long way ahead to improve their way to interact and that science needs to find its way to be heard above the political buzz.

Keywords: Brazil, forest act, science-based dialogue, science-policy interface

Procedia PDF Downloads 121

Authors: Gintaras Mitrulevičius

Abstract:

This text, which is based on the conference report, seeks to briefly examine the relationship between the concepts of social democracy and democratic socialism, drawing attention to the essential aspects of its development and, in particular, discussing the contradictions in the relationship between these concepts in the modern period. In the preparation of this text, such research methods as historical, historical-comparative methods were used, as well as methods of analyzing, synthesizing, and generalizing texts. The history of the use of terms in social democracy and democratic socialism shows that these terms were used alternately and almost synonymously. At the end of the 20th century, traditional social democracy was transformed into the so-called "new social democracy." Many of the new social democrats do not consider themselves democratic socialists and avoid the historically characteristic identification of social democracy with democratic socialism. It has become quite popular to believe that social democracy is a separate ideology from democratic socialism. Or that it has become a variant of the ideology of liberalism. This is a testimony to the crisis of ideological self-awareness of social democracy. Since the beginning of the 21st century, social democracy has also experienced a growing crisis of electoral support. This, among other things, led to her slight shift to the left. In this context, some social democrats are once again talking about democratic socialism. The rise of the ideas of democratic socialism in the United States was catalyzed by Bernie Sanders. But the proponents of democratic socialism in the United States have different concepts of democratic socialism. In modern Europe, democratic socialism is also spoken of by leftists of non-social democratic origin, whose understanding is different from that of democratic socialism inherent in classical social democracy. Some political scientists also single out the concepts in question. Analysis of the problem shows that there are currently several concepts of democratic socialism on the spectrum of the political left, both social-democratic and non-social-democratic.

Keywords: democratic socializm, socializm, social democracy, new social democracy, political ideologies

Procedia PDF Downloads 111

Authors: Liu Jiaxin

Abstract:

This paper seeks to do an in-depth investigation on the phenomenon of Early Modern era (1500-1700s) Livonian werewolves. Noting their uniqueness in comparison to contemporaneous werewolves hailing from other geographic areas, the paper suggests that the Livonian werewolf is a metaphor for Livonian society at that time, one which was characterized by social turmoil and strict class hierarchy. This metaphor was utilized by different classes to establish their own interests in society, and thus the paper concludes that the werewolf is a mutable artifact whose value is contingent on its social context. This is demonstrated by the particular case of Old Thiess—a poor, elderly Livonian peasant who gave an unorthodox and anomalous testimony when accused of being a werewolf. In his court statement, it is shown how Thiess was, in fact, alluding to social tensions by lambasting the rich German elite and establishing the righteousness of the peasantry, of which he was a member. A close reading method was utilized on the trial transcript of Old Thiess with heavy reference to Carlo Ginzburg and Bruce Lincoln’s collaborative work Old Thiess, a Livonian werewolf: a classic case in comparative perspective. Through a contextual reading of Livonia’s social atmosphere, the paper draws connections between the content of the trial to wider societal disturbances happening at the time. The thesis—that the werewolf is a flexible metaphor for the social milieu—is further buttressed by numerous contemporaneous sources that had similar messages as Thiess’ transcript, which are discussed as well.

Keywords: early-modern baltic, Livonia, Old Thiess, social history, werewolves

Procedia PDF Downloads 104

Authors: Anne Mastamet-Mason, Oluwatosin Onakoya, Karla Tissiman

Abstract:

The COVID-19 pandemic that ravaged the world in 2020 brought about the need for handmade fabric face masks in South Africa and beyond. These masks showcased individuality and environmental responsibility and effectively aided our battle against the virus. These practical masks held significant meaning, representing human creativity, resilience, and commitment to sustainability in adversity. This paper examines how aesthetics, sustainability, and safety were achieved in the Handmade Fabric Face Masks. It analyses how their integration signified human agility and resilience to the pandemic while promoting dignity and environmental welfare. The research conducted a qualitative analysis to choose handmade fabric face masks and assess their aesthetic, sustainable, and safety features. The study involved interviewing a group of mask designers and users who evaluated the masks' efficacy in providing protection, aesthetics, and environmental sustainability. Although the designers demonstrated a high level of knowledge in the design aspects, the results indicated a need for more information regarding the functional safety measures and some environmental factors in mask selection and production. The mask analysis also revealed that the masks available in the market combined aesthetics and environmental protection but had limited safety measures. Despite the lack of balance of aesthetics, sustainability, and safety among the designers and the users of hand-fabric masks, functional aspects of fabrics and sustainability literacy are essential

Keywords: sustainable fashion, fabric mask, aesthetics, safety measures

Procedia PDF Downloads 63

Authors: Rafael Bezerra de Souza, José Ribas Vieira

Abstract:

The judicial litigation on socio-economic rights (SERs), in a context of increasing centrality of the judiciary as an area of political debate for civil society actors, has assumed greater importance in the last two decades. This tendency to seek social change through the courts generated a long tradition of research on the role of legal institutions and of legal mobilization in the US and some European countries. However, little is known about these processes in Latin America, Asia and Africa. A significant portion of the Brazilian constitutional doctrine did not bother to investigate the phenomenon of constitutional judicial litigation of socio-economic rights, in a practical and empirical look, from the functioning of democratic institutions. The central issue of this study draws attention to the theoretical and analytic deficit of Brazilian constitutional doctrine: the lack of a holistic understanding of the effects and impact of judicial decisions. Consequently, for a proper understanding was analyzed if the trend of judicial litigation in Brazil - to ensure the fulfillment of its institutional mission to protect and ensure the effectiveness of socio-economic rights - has been accompanied by the establishment of institutional mechanisms that enable decision making and the implementation of SERs in complex cases involving structural and public policy. The lack of empirical studies in Law in order to verify this hypothesis justified the adoption of the case study method as an interdisciplinary methodological strategy between Law and Political Science, aiming to construct an explanation of the Raposa Serra do Sol Case and, in a complementary way, the process-tracing technique. Drawings of small-n type or case studies, when guided by theory, are more suitable to problems it is supposed to increase the potential of intensive analysis of causal processes. As a preliminary result, the Brazilian Supreme Court was not a sufficient agent to implement a relevant social change and to assure the protection of the social rights, because there were few measures that directly impacted the behavior of other institutional political actors and should, therefore, be considered another actor within a complex institutional arrangement.

Keywords: courts, case study, judicial litigation, social change

Procedia PDF Downloads 431

Authors: Rahime Filiz Kiremit

Abstract:

This study involves investigating the comparisons of both online and face-to-face classes, along with providing their respective differences. The research project contains information pertaining to the two courses, provided with testimony from students and instructors alike. There were a total of 37 participants involved within the study from San Jacinto College; 35 students and the two instructors of their respective courses. The online instructor has a total of four years of teaching experience, while the face-to-face instructor has accrued 11 years of instructional education. The both instructors were interviewed and the samples were collected from three different classes - TECA 1311-702 (Educating Young Children 13 week distance learning), TECA 1311-705 (Educating Young Children 13 week distance learning) and TECA 1354 (Child Growth and Development). Among all three classes, 13 of the 29 students enrolled in either of the online courses considered participation within the survey, while 22 of the 28 students enrolled in the face-to-face course elected to do the same thing. With regards to the students’ prior class enrollment, 25 students had taken online classes previously, 9 students had taken early-childhood courses, 4 students had taken general classes, 11 students had taken both types of classes, 10 students had not yet taken online classes, and only 1 of them had taken a hybrid course. 10 of the participants professed that they like face-to-face classes, because they find that they can interact with their classmates and teachers. They find that online classes have more work to do, because they need to read the chapters and instructions on their own time. They said that during the face-to-face instruction, they could take notes and converse concerns with professors and fellow peers. They can have hands-on activities during face-to-face classes, and, as a result, improve their abilities to retain what they have learned within that particular time. Some of the students even mentioned that they are supposed to discipline themselves, because the online classes require more work. According to the remaining six students, online classes are easier than face-to-face classes. Most of them believe that the easiness of a course is dependent on the types of classes, the instructors, and the respective subjects of which they teach. With considerations of all 35 students, almost 63% of the students agreed that they interact more with their classmates in face-to-face classes.

Keywords: distance education, face-to-face education, online classroom, students' perceptions

Procedia PDF Downloads 277

Authors: Khushboo Verma

Abstract:

The use of rape as a weapon of war has been in existence for as early as the middle ages. Women, during the conflict, have been treated as the spoils of war, a reward for the conquering soldiers granted to them by their superiors which is, arguably, most often overlooked as part of the collateral damage that is unavoidable in conflict zones. Korean-born Therese Park’s first novel, A Gift of the Emperor (1997), describes one such atrocious incidence wherein she highlights the active role the Japanese military played in procuring and condoning trafficking of women, who were euphemistically referred to as ‘comfort women’, for prostitution during World War II. This paper thus aims to look at the remembering and reckonings of these women, which fueled a range of creative gestures in the artistic representations and knowledge production by Korean American artists and writers. The essay divides into three parts wherein first it tries to highlight the relationship of the state and the self in relation to the ‘comfort women’ as to who bears the onus of the exploitation of these women, or the responsibility for the redressal with the present-day notions of human rights as studied through Ueno Chizuko’s ‘The Politics of Memory: Nation, Individual and Self’ (1999). There are several narratological elements of the text that are of interest here which shall be viewed and analysed throughout the paper as well. The second part of the paper talks about the aesthetics of rape and sexual violence as represented or (mis)represented by Park in her novel as she attempts to give voice to the victim and retain her and her suffering as the central focus of the narrative. Finally, the third part of the novel explores as well as places the novel in the context of debates over the highly contested issue of ‘comfort women’ and the actual ‘comfort women’ survivors’ testimonies. For this purpose, the present study focuses on Dori Laub’s ‘Truth and Testimony: The Process and the Struggle’ (1991).

Keywords: Korean comfort women, survivors’ testimonies, sexual slavery, aesthetics of sexual violence, horrible memories

Procedia PDF Downloads 157