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Article
Publication date: 22 January 2024

David F. Arena Jr., Kristen P. Jones, Alex P. Lindsey, Isaac E. Sabat, Hayden T. DuBois and Shovna C. Tripathy

The authors aim to broaden the understanding of incivility through the lens of bystanders who witness incivility toward women. Integrating attributional ambiguity and emotional…

Abstract

Purpose

The authors aim to broaden the understanding of incivility through the lens of bystanders who witness incivility toward women. Integrating attributional ambiguity and emotional contagion theories with the literature on workplace mistreatment, the authors propose that witnessing incivility toward women may negatively impact bystanders.

Design/methodology/approach

The authors collected multi-wave data from 324 employees to assess the consequences of witnessing incivility toward women at work for bystanders.

Findings

Utilizing a serial mediation model, the authors found evidence that witnessing incivility toward women indirectly increased turnover intentions six weeks later, first through elevated negative affect and then through increased cognitive burnout.

Originality/value

Taken together, this study's findings suggest that the negative effects of incivility toward women can spread to bystanders and highlight the importance of considering individuals who are not directly involved, but simply bear witness to incivility at work.

Details

Equality, Diversity and Inclusion: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 6 November 2023

Madison B. Harvey, Heather L. Price and Kirk Luther

The purpose of this study was to explore potential witnesses' memories for a day that was experienced an unremarkable. There may be instances in an investigation in which all…

Abstract

Purpose

The purpose of this study was to explore potential witnesses' memories for a day that was experienced an unremarkable. There may be instances in an investigation in which all leads have been exhausted, and investigators use a broad appeal for witnesses who may have witnessed something important. Investigators can benefit from knowing the types of information that may be recalled in such circumstances, as well as identifying specific methods that are effective in eliciting useful information.

Design/methodology/approach

The present study explored how the delay to recall and recall method influenced the recollection of a seemingly unremarkable day that later became important. Participants were asked to recall an experienced event that occurred either recently (a few weeks prior) or in the distant past (a year prior). Participants recalled via either a written method, in-person individual-spoken or collaborative-spoken interviews.

Findings

Results suggest an independent benefit for individual-spoken in-person recall (compared to written or collaborative-spoken recall) and recall undertaken closely after an event (compared to delayed recall). Both individual-spoken interviews as well as more recent recollection resulted in a greater number of overall details recalled. The authors further examined the types of details recalled that might be important to progressing an investigation (e.g. other witnesses and records).

Originality/value

The present work provides important implications for interviewing witnesses about a seemingly unremarkable event that later became important.

Details

Journal of Criminal Psychology, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2009-3829

Keywords

Book part
Publication date: 22 December 2008

Jessica Silbey

In the 1988 film The Accused, a young woman named Sarah Tobias is gang raped on a pinball machine by three men while a crowded bar watches. The rapists cut a deal with the…

Abstract

In the 1988 film The Accused, a young woman named Sarah Tobias is gang raped on a pinball machine by three men while a crowded bar watches. The rapists cut a deal with the prosecutor. Sarah's outrage at the deal convinces the assistant district attorney to prosecute members of the crowd that cheered on and encouraged the rape. This film shows how Sarah Tobias, a woman with little means and less experience, intuits that according to the law rape victims are incredible witnesses to their own victimization. The film goes on to critique what the “right” kind of witness would be. The Accused, therefore, is also about the relationship between witnessing and testimony, between seeing and the representation of that which was seen. It is about the power and responsibility of being a witness in law – one who sees and credibly attests to the truth of their vision – as it is also about what it means to bear witness to film – what can we know from watching movies.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84855-378-1

Book part
Publication date: 28 February 2019

Livia Holden

This chapter explores expert witnessing in anthropology and the raison d’être of cultural expertise as an integrated socio-legal concept that accounts for the contribution of…

Abstract

This chapter explores expert witnessing in anthropology and the raison d’être of cultural expertise as an integrated socio-legal concept that accounts for the contribution of social sciences to the resolution of disputes and the protection of human rights. The first section of this chapter provides a short historical outline of the occurrence and reception of anthropological expertise as expert witnessing. The second section surveys the theoretical reflections on anthropologists’ engagement with law. The third section explores the potential for anthropological expertise as a broader socio-legal notion in the common law and civil law legal systems. The chapter concludes with the opportunity and raison d’être of cultural expertise grounded on a skeptical approach to culture. It suggests that expert witnessing has been viewed mainly from a technical perspective of applied social sciences, which was necessary to set the legal framework of cultural experts’ engagement with law, but had the consequence of entrenching the impossibility of a comprehensive study of anthropological expert witnessing. While this chapter adopts a skeptical approach to culture, it also argues the advantages of an interdisciplinary approach that leads to an integrated definition of cultural expertise.

Book part
Publication date: 1 September 2008

Jody Lyneé Madeira

Based on interviews with 27 victims’ family members and survivors, this chapter explores how memory of the Oklahoma City bombing was constructed through participation in groups…

Abstract

Based on interviews with 27 victims’ family members and survivors, this chapter explores how memory of the Oklahoma City bombing was constructed through participation in groups formed after the bombing and participation in the trials of Timothy McVeigh and Terry Nichols. It first addresses the efficacy of a collective memory perspective. It then describes the mental context in which interviewees joined groups after the bombing, the recovery functions groups played, and their impact on punishment expectations. Next, it discusses a media-initiated involuntary relationship between McVeigh and interviewees. Finally, this chapter examines execution witnesses’ perceptions of communication with McVeigh in his trial and execution.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84855-090-2

Abstract

Details

Sociology of Crime, Law and Deviance
Type: Book
ISBN: 978-1-84950-889-6

Open Access
Book part
Publication date: 4 May 2018

Zulfan

Purpose – The purpose of this study is to show that the settings are not self-incriminating rights the right of non-self-incrimination) within the law and how the civil rights of…

Abstract

Purpose – The purpose of this study is to show that the settings are not self-incriminating rights the right of non-self-incrimination) within the law and how the civil rights of the crown witness exist.

Design/Methodology/Approach – This prescriptive and descriptive study employs the normative legal approach and qualitative analysis.

Findings – The attorney general should prove that a criminal case is not too oriented toward witnesses, especially the crown witness, and that there is still other evidence (e.g., evidence of letters and the results of forensic analysis) and the value of convincing proof is difficult to be denied by the defendant. To avoid misinterpretation towards the presence of crown witness in a criminal case process, a regulation policy issued by the Supreme Court of Republic Indonesia is needed.

Practical Implications – Proffering a crown witness under oath is to prove that a crime opposes against the procedure of criminal law with respect the human right values.

Originality/Value – Forcing a person to prove his own guilt is an act contrary to the alleged principle of an innocent person and this research has not been published.

Book part
Publication date: 29 January 2018

James Phillips

Expert witnessing in asylum cases involves depicting the conditions of the applicant’s home country as a context for judging a well-founded fear for life or safety. Most of the…

Abstract

Expert witnessing in asylum cases involves depicting the conditions of the applicant’s home country as a context for judging a well-founded fear for life or safety. Most of the elements involved in the work of the expert country witness are dynamic and change over time, creating new challenges and new resources for describing and interpreting country context. Examining several characteristic Honduran asylum cases separated by 20 years reveals not only an increasingly complex and multifaceted set of relevant conditions in both the sending and the host country, but also a significant broadening of the anthropological “tool kit” available to the expert country witness (as the expert witness becomes aware of its relevance to country conditions at a particular time), and an increasingly reflexive and complex relationship of the expert witness to the country in question and to the court. In the interim, emerging problems of contextual complexity, subjectivity, changing and competing images of reality, and the shifting applicability of legal and sociological definitions and categories arise and can be partially addressed with emerging anthropological or social scientific resources, raising anew the nature of the relationship of the expert witness to the court and the possible mutual influence of social science and legal culture upon each other over time. As the number of refugee seekers increases globally, can expert witnesses trained in social sciences help asylum courts to imagine new ways of bridging the gap between legal regimes of governmentality and the subjectivity of refugees?

Details

Special Issue: Cultural Expert Witnessing
Type: Book
ISBN: 978-1-78743-764-7

Keywords

Book part
Publication date: 11 August 2022

Yasmin Ibrahim

This introductory chapter opens up with the notion of ‘technologies of trauma’ and the appropriation of trauma as a cultural form in modernity aided by technologies of vision and…

Abstract

This introductory chapter opens up with the notion of ‘technologies of trauma’ and the appropriation of trauma as a cultural form in modernity aided by technologies of vision and sound. Trauma in modernity has been intimately welded with witnessing and testimony, illuminating an inter-relationship with technologies which simulates our senses and affect, with its capacities to re-present past events through present consciousness, and its ability to produce a moral economy in their own right. Humanity's reliance on technologies to narrate and circulate trauma as a cultural form of exchange and transaction articulates a moment of transcendence in which media as cultural artefacts reconfigure trauma as a cultural form. The notion of second-hand witnessing and the simulation of trauma as a shared and popular genre unleashes trauma as a resonant genre bound with technologies which renew human bonds. Equally it can be reduced to fiction or give way to compassion fatigue. In historically tracing the movement of technologies of trauma as a cultural form over time from televisual witnessing to its aesthetic or perverse renditions in the digital age, the chapter discerns trauma's machinic bind and its enactment as a cultural artefact couched within the sensorium of affect and ethics. The development of mass technological forms over time, from print to the digital age, also concerns the rise of trauma as a cultural form in terms of witnessing, testimony, memorializing, mourning and commemoration. Within these configurations the traumatized human figure is submerged through time as one equally enacted and abstracted through the formats of technology and consumption.

Details

Technologies of Trauma
Type: Book
ISBN: 978-1-80262-135-8

Open Access
Article
Publication date: 8 February 2023

Antonio Iudici, Miriam Stefano and Davide Binato

This study aims to provide an overview of studies concerning bias in law, particularly in judges’ decisions. The authors intend to bring to light the factors that can most…

2136

Abstract

Purpose

This study aims to provide an overview of studies concerning bias in law, particularly in judges’ decisions. The authors intend to bring to light the factors that can most frequently lead to unequal decisions to enable judges to better perform their function.

Design/methodology/approach

A literature review was used as a methodology based on studies involving judges and juries.

Findings

The evidence reported by this review suggests how difficult the judge’s job is and how they can be unconsciously influenced by inferences, deductions and biases. The results show that the pleasantness of the witness and the confidence they exhibit during testification are crucial factors in influencing the decisions of judges and jurors. From these studies, it can be assumed that different personal aspects – smiling, pleasantness and the witness’s credibility – can be positively associated with each other, which could compromise the ongoing evaluation. Gender is another factor that can influence evaluations; in fact, witnesses are evaluated based on their own “gender” as well as that of the jurors. Another essential factor is self-confidence. Also, the age of both of the judge and of the witness can be a factor that influences decisions in court. Other factors such as communication effectiveness, degree of accuracy of reported information and non-verbal behaviour were also found to be important.

Research limitations/implications

Among the limitations of this research, the authors have to consider the low number of available research and that the most of these derive from a specific cultural context – the American one. There may also be limits to the way in which certain concepts are used in different parts of the world, particularly through a very broad construct, such as the credibility of witness.

Practical implications

This study highlights which inferences and biases can characterise decision-making processes and, above all, highlights the need for specific training courses aimed at managing the many processes involved in influencing human decisions.

Social implications

The authors believe that this work can raise awareness about the series of unconscious reasoning that may happen in the legal field, which has a major impact on people’s lives and on the general perception of justice.

Originality/value

In this research, the authors have considered some of the criteria that may intervene in the evaluation of witnesses, those present in the current scientific literature. From the research, it seems appropriate and necessary to provide judges with adequate training aimed at the recognition of their cognitive processes and bias. In fact, when they were made aware of them, they were less affected by bias, resulting in more objective and limiting improper inferences.

Details

The Journal of Forensic Practice, vol. 25 no. 2
Type: Research Article
ISSN: 2050-8794

Keywords

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