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1 – 10 of over 3000Purpose – 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.
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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…
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.
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Lianghui Xie, Zhenji Zhang, Robin Qiu and Daqing Gong
The paper aims to identify and analyze passengers’ riding paths for providing better operational support for digital transformation in megacity metro systems.
Abstract
Purpose
The paper aims to identify and analyze passengers’ riding paths for providing better operational support for digital transformation in megacity metro systems.
Design/methodology/approach
The authors develop a method to leverage certain passengers’ deterministic riding paths to corroborate other passengers’ uncertain paths. Using Automatic Fare Collection data and train schedules, a witness model is built to recover the actual riding paths for passengers whose paths are unknown otherwise. The identification and analysis of passenger riding paths between three different types of origin–destination) pairs reveal the complexity of passenger path choice.
Findings
The results show that passenger path choice modeling is usually characterized by complexity, experience and partial blindness. Some passengers choose paths that are not optimal due to their experience and limited access to overall metro system information. These passengers could be the subject of improved path guidance in light of riding efficiency improved through digital transformation.
Originality/value
This research contributes to the improvement of metro management and operations by leveraging ongoing digital transformation in megacity metro systems. Based on the riding paths and trip chains of a large number of individual passengers identified by the proposed method, metro operation management could prevent risks in areas with concentrated passenger flow in advance, optimally adjust train schedules on a daily basis and deliver real-time riding guidance station by station, which would greatly improve megacity metro systems’ service safety, quality and operational efficacy over time.
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The purpose of this paper is to critically analyse the extent of protection available for whistleblowers in South African criminal cases.
Abstract
Purpose
The purpose of this paper is to critically analyse the extent of protection available for whistleblowers in South African criminal cases.
Design/methodology/approach
This paper first provides a brief background of crime in South Africa and argues that the concept of the whistleblower is just a buss word or collective noun. The methodology of this paper consists of a literature review of whistleblowers and relevant laws that can be used to protect whistleblowers in South African criminal cases.
Findings
This paper concludes that the existing law as primarily contained in the Criminal Procedure Act 51 of 1977 provides appropriate protection for whistleblowers in South African criminal cases.
Research limitations/implications
Whistleblowers provide information on criminal, civil and disciplinary wrongdoings. This study focuses on the protection of whistleblowers pursuant to mainly the provisions of the Criminal Procedure Act 51 of 1977.
Originality/value
The originality of this paper lies in the approach to the handling of whistleblowers in South African criminal cases. This is the first research done with the emphasis on the use of mainly the provisions of the Criminal Procedure Act 51 of 1977 to protect whistleblowers in South African criminal cases. The contribution of the study is that, by using this approach, it can provide protection and save lives, and it may enhance the willingness of whistleblowers to blow the whistle, which will be beneficial to the community of South Africa as a whole.
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Tomas Jungert and Kristoffer Holm
Using observational and experimental designs, the purpose of this study was to explore if the power relation between the offender and the victim of incivility and the level of…
Abstract
Purpose
Using observational and experimental designs, the purpose of this study was to explore if the power relation between the offender and the victim of incivility and the level of perceived severity of the incivility were associated with bystanders’ intentions to help when witnessing workplace incivility.
Design/methodology/approach
In Study 1, 160 participants completed a questionnaire where they described a recent uncivil incident they had witnessed, and completed measures of perceived severity and measures of their behavioural response as bystanders. In Study 2, 183 participants were randomised to read one of two vignettes (a manager being uncivil towards a subordinate or vice versa), and completed measures of perceived severity and of their motivation to intervene. The authors investigated whether the power relation between perpetrator and victim, and the perceived severity of the uncivil exchange, were associated with prosocial bystander behaviours in Study 1 and with motivation to defend the victim of incivility in Study 2.
Findings
Higher perpetrator power was significantly associated with the incident being perceived as more severe, and higher perpetrator power was directly related to greater tendency to confront, and lower tendency to avoid, the perpetrator. Perpetrator power was indirectly associated with social support according to the perceived severity. A supervisor acting in an uncivil manner was rated as more severe than a subordinate acting in such a way. Perceived severity mediated the relationship between perpetrator power and the witness’s introjected, identified and intrinsic motivation to intervene.
Originality/value
This study extends previous work by investigating how the perpetrator’s power influences both the bystander’s prosocial behaviour and their motivation to defend the victim. Furthermore, previous research has not considered how perceptions of severity might mediate the relationship between power, behaviour and motivation.
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Robert D. Lytle, Tabrina M. Bratton and Heather K. Hudson
Bystander apathy has been a source of debate for decades. In the past half-century, psychologists developed theoretical frameworks to understand bystander activity, commonly…
Abstract
Bystander apathy has been a source of debate for decades. In the past half-century, psychologists developed theoretical frameworks to understand bystander activity, commonly referred to as bystander intervention models (BIMs). More recently, BIMs have been modified to facilitate initiatives to prevent various forms of online victimization. This chapter begins with a review of BIMs and recent applications of bystander intervention research to online environments. We also present several future directions for research along with applications for reducing technology-facilitated violence, including programming recommendations and theoretical development.
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Madeleine Novich and Alyssa Zduniak
Videos of police abuse are often spread through technology, raising questions around how perceptions of police are impacted by these images, especially for 18–24-year-olds who are…
Abstract
Videos of police abuse are often spread through technology, raising questions around how perceptions of police are impacted by these images, especially for 18–24-year-olds who are constantly “logged on.” Limited research investigates the impact of social media on attitudes toward police accounting for age and race. The present study utilizes 19 in-depth interviews with a diverse sample of urban college students who regularly use social media in order to understand how they have been impacted by this content. The findings suggest the necessity of using an intersectional framework to understand the impact of tech-witnessed violence. While no gender differences were uncovered, racial differences did surface. White participants described being minimally influenced by videos of police misconduct, rationalizing it as a “few bad apples.” In contrast, participants of color, except those with family members in law enforcement, described being negatively impacted. Viral content contributed to negative opinions of police, emotional distress, and fears of victimization. Ultimately, videos of police brutality do not impact young populations equally. Instead, they are comparatively more harmful to young people of color who spend more time on social media, can envision themselves as the victims, and experience feelings of fear, despair, and anger after watching these videos.
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