Titre : Dire l’indicible. Le bagne de Tazmamart, entre témoignage et fiction.Mots-clés : Littérature carcérale, fiction, témoignage, indicible, Histoire/histoire.Résumé :En 1991, le dévoilement des horreurs du régime politique au Maroc a bouleversé l’opinion publique. L’existence d’un tel instrument de détention, le bagne de Tazmamart, a conduit à la condamnation de ce régime qui a enfermé les hommes dans les conditions effroyables durant plus de dix-huit ans dans des cellules souterraines étroites. Quelques années après, certains anciens détenus du bagne ont témoigné de leur expérience carcérale. Des intellectuels militants et des écrivains ont également écrit sur cette période obscure. Toutes ces œuvres oscillent entre fiction et témoignage. Notre étude entend donc explorer cette « littérature carcérale » pour mettre en lumière convergences et divergences entre témoignage et fiction. Notre corpus de base est constitué des œuvres suivantes : Ahmed Marzouki, Tazmamart cellule 10, Serhane, La Chienne de Tazmamart, en 2001 et Aziz Binebine, Tazmamort, dix-huit ans dans le bagne de Hassan II, en 2009. Pour réfléchir à cette « littérature carcérale », nous avons dû élargir nos lectures et notre mise en contexte historique aux répressions antérieures au Maroc qui ont donné lieu aussi à des ouvrages. C’est ainsi que nous avons intégré, en corpus secondaire, les ouvrages d’Abraham Aferki et Mohamed Al Achaari (1982), Christine Daure-Serfaty (1992), Abraham Serfaty publiées la même année ; en 2000, Malika Oufkir et Michèle Fitoussi, Saïda Menebhi, et Midhat René Bourequat ; Fatna El Bouih en 2002 ; Abdellatif Laâbi en 1982, 2003 et 2005 ; Abdelhak Serhane en 2004. Pour explorer la notion d’indicible, cette étude analyse ces témoignages et ces fictions. Elle se propose de réfléchir au choix générique pour rendre compte de l’univers carcéral et de ses représentations. Le témoignage – témoignage factuel et témoignage littéraire –, apparaît comme un acte, mieux comme une exigence actuelle de la société. Le récit fictionnel développe différentes stratégies pour déjouer le réel en mettant en mots l'indicible. Le bagne ne se réduit pas à la connaissance historique des événements passés mais pose aussi des questions importantes du point de vue éthique, esthétique, politique et sociologique. Écrire sur le bagne de Tazmamart met en question des valeurs qui fondent l’humanité. / Title : Saying the unsayable. The prison of Tazmamart, between testimony and fictionKeywords: prison literature, fiction, testimony, untold, History/story.Summary :In 1999, the unveiling of the horrors of the Moroccan political regime bewildered public opinion in the country. The existence of such a juvenile detention structure, namely Tazmamart penal colony, led to the condemnation of that regime which imprisoned people in dreadful conditions in narrow underground cells for more than eighteen years. Several years later, some former detainees gave testimonies as to their experience in that penal colony. Furthermore, activist-intellectuals and writers wrote about that dreadful experience obscure period, giving an account of life in prison. The aim of this study is to shed light upon the similarities and differences between testimony and fiction. The primary corpus around which the reflexion this thesis revolves, is based on the following literary books: Firstly, Tazmamart, cellule 10 written by Ahmed Marzouki (2000). Secondly, La Chienne de Tazmamart by Abdelhak Serhane (2001). And finally, Aziz Binebine’s Tazmamort, dix-huit ans dans le bagne de Hassan II (2009). Dealing with “prison literature”, we had to extend the scope of our researches and our Moroccan historical perspectives about past incarcerations which also led to many writings. Thus, as secondary sources, we included works of Abraham Aferki and Mohamed Al Achaari (1982). Furthermore, those of Christine Daure-Serfaty and Abraham Serfaty, both having been published the same year, that is in 1992. Literary artworks of Malika Oufkir, Michèle Fitoussi, Saïda Menebhi, Midhat René Bourequat, published in 2000 and Fatna el Bouih in 2002. Also, those of Abdellatif Laâbi published in 1982, 2003 and 2005, and Abdelhak Serhane in 2004. In order to study the notion of the “untold” in literature, this thesis will tend to analyze testimonies dealt with in those works. The latter intends to propose a reflexion on the generic choice to reflect on and to give an account of the prison environment and its representations. The testimony, including the one based on real facts and the one based on fiction – appears as an action, a deed, or better, as a requirement of today’s society. The fictional story develops different strategies to foil the reality putting words on what can’t be uttered. The penal colony is not limited to the acknowledgement of past historical events, but also asks important questions from ethical, aesthetical, political and sociological points of view. Writing on the Tazmamart penal colony tends to question values upon which humanity is founded.

O presente trabalho, mediante a adoção de um modelo objetivo de direito probatório, pretendeu sistematizar os conhecimentos atuais sobre prova testemunhal no direito e, em seguida, submetê-los ao crivo da ciência, notadamente da epistemologia e da psicologia. Assim sendo, apresentam-se, na segunda parte, as premissas do novo direito probatório, demonstrando que o presente trabalho somente tem sentido mediante a adoção de um modelo objetivo de direito probatório, pois somente esse preocupa-se com a qualidade epistêmica da busca da verdade procedida em um processo concreto. Na terceira parte, procede-se com uma ampla pesquisa no direito, incluindo doutrina e jurisprudência de países de civil law, a fim de que se verifique o estado atual da arte a respeito da prova testemunhal no direito, como ela é praticada hoje. Na quarta parte, apresentam-se as principais correntes a respeito da epistemologia do testemunho, notadamente o presuntivismo e o não presuntivismo, a fim de verificar qual das correntes é praticada no direito e qual, na opinião do autor, deveria ser. Na quinta parte, utilizando-se metodologia científica das áreas da saúde, apresentam-se as principais conclusões atuais da psicologia do testemunho, a fim de que se verifiquem quais são as suas fragilidades e quais são os pontos que devem merecer atenção em sua prática. Na sexta parte, utilizando-se os conhecimentos abordados nas quarta e quinta partes, avaliam-se as premissas demonstradas na terceira parte, a fim de que se proponha uma reconstrução da prova testemunhal no direito consentânea com o modelo objetivo de direito probatório e, principalmente, com os conhecimentos mais atuais da ciência. / The present thesis, by adopting an objetive model of evidence law, intends to summarize the current knowledge about witness testimony in law and, in what follows, evaluate it using the science, mainly the epistemology and the psychology. For doing so, it begins, on the second part, with the premises of the new way of working with evidence, showing that the present work has a purpose only by adopting an objetive model of working with evidence, once that only by doing so the proceedings are worried about the epistemic quality of the search for the truth done in a concrete procedure. On the third part, the aim is to proceed with a wide investigation in law, including jurisprudence and precedents of the civil law courts, analysing the current knowledge about witness testimony, in the way its practiced today. On the fourth part, the two main lines of thought on epistemology of testimony, presuntivism and no-presuntivism, are presented, being analysed which one is usually adopted by civil law systems and which one should be, in the author's opinion. On the fifth part, using scientific methodology of the health field, the work presents the main current conclusions of the psychology of testimony, in order to verify what are the fragilities and the points that need attention in the practice of witness testimony. On the sixth part, using the knowledge presented on the fourth and fifth parts, the premises presented on the third part are evaluated, with the purpose of proposing a reconstruction of the witness testimony in law using the objective model of evidence and, mainly, the current knowledge in science.

66 The credibility of testimony in criminal proceedings Abstract This thesis focuses on assessing the credibility of testimony in criminal proceedings with a closer focus on assessing the credibility of testimony by investigative, prosecuting and adjudicating bodies. For this purpose, in the first part of the thesis, the author defines the term "testimony", describes its role in the criminal proceeding and distinguishes its role in the criminal proceeding as opposed to that in the civil proceeding. Then, the author defines the term "interrogation" and identifies institutes of criminal law applied in the course of criminal proceedings, by which the testimony is obtained. In the following, third chapter, the author focuses on the explanation of the concept of credibility of testimony, and differentiates its various types. In the fourth and fifth chapter, the author identifies, describes and evaluates possible ways of assesing the credibility of testimony by investigative, prosecuting and adjudicating bodies in context of current case law. Special attention is paid to expertises, their assignment, interpretation and evaluation. The author analyzed current legislation and case law, and the options they offer for assessing the credibility. The formulated hypotheses have been confirmed. Current legislation...

Individuals at the DFW Church publicly confess intensely personal information, such as drug and alcohol addiction, spousal and child abuse, stripping, and sexual abuse. Using communication privacy management theory (CPM), I examined the way individuals at the DFW Church manage their private information, how they make disclosure decisions, and how they manage boundaries around their private information. I interviewed 13 individuals who participated in public confession, and coded their responses to identify the common themes and tactics for making disclosure decisions. Through this process, I pioneer the application of CPM to examine public disclosure events, rather than dyadic or small group disclosures. I also expand our current understanding of motivations for disclosure; rather than focusing on selfish or therapeutic motivations, participants want to encourage others through their disclosure. In terms of boundary management, individuals at the DFW Church believe that God owns part, or all, of their information; thus, disclosing their pasts is "not about them." Participants construct a new identity through their testimony narrative, effectively putting the old person in the past and presenting a new, Christian identity to the church body for group approval. In this context, confessing a negative behavior becomes a way to build a positive image by showing the drastic reformation that has taken place in that person's life. Lastly, I propose the public disclosure model—which involves boundary testing, audience analysis, and choice of disclosure path—to be tested for use in future research.

The current study examined the impact of expert witness orientation (researcher or clinical practitioner) and type of testimony (testimony for the prosecution, for the defense, for both prosecution and defense, and no testimony) on mock jurors‟ decisions in a sexual abuse trial. Participants read a summary of a sexual abuse criminal trial based on recovered memory; the summary included expert witness testimony (varied across participants based on the conditions described above). Participants then completed a juror decision making task. Results showed that expert witness testimony provided by a researcher did not impact mock jurors‟ guilt ratings any differently than the expert witness testimony provided by a clinical practitioner. However, type of testimony had a significant effect on jurors‟ guilt ratings. The prosecution witness expert testimony influenced mock jurors‟ decision in favor of the prosecution and testimony by a defense expert influenced the jurors‟ decisions in favor of the defense.

Epistemologists and those involved in feminist philosophy have expanded philosophical analyses of epistemic injustices and its subparts over the last decade. In doing so, such authors have thoroughly discussed the role of credibility deficits and the harms they cause for those receiving the deficits. In this literature, however, credibility excesses have not received as much attention owing to their tendency to be socially advantageous for those receiving them. In this paper, I show that epistemic justice relies in part on taking these excesses into account. More specifically, I illustrate how adjusting only credibility deficits leads to a two-fold problem. On the one hand, it leads to an epistemic harm insofar as not taking the excesses into account can cause us to draw the wrong conclusion from furnished testimonies. If one persons testimonial excess is still greater than another's corrected deficit in a certain way, then the person with the excess will be favored over the other person even once the deficit is corrected. On the other hand, it can also lead to a moral harm that wrongs the person who received the eventually corrected deficit in their capacity as a knower. It does so in instances when it undermines the person's self-trust. As such, if we are willing to adjust credibility deficits up in the project of epistemic justice we also have to be willing to adjust credibility excesses down in at least some cases. / Master of Arts / Think of a time when someone did not believe you. For some persons holding historically marginalized identities, it is a fairly common occurrence to not be believed just because one is, or is perceived to be a woman, a person of color, queer, and immigrant etc. In philosophy, epistemologists have discussed these testimonial deficits and furnished solutions that call for adjusting such deficits up in the project of justice. However, testimonial deficits are not the only instances when a person may receive a non-proportional amount of credibility. For other persons holding historically majoritized identities, it may also be fairly common to be believed just because one holds or is perceived to hold an identity such as man, white, straight, etc. The presence of credibility excesses is not as discussed in philosophical literature and what, exactly, we ought to do about these excesses is an open question. In this paper, I argue that adjusting credibility deficits up is not sufficient for reaching a just state if or when we leave the excesses unadjusted in certain circumstances. While adjusting the credibility deficits up is part of the picture, we also have to be willing to adjust the credibility excesses down in at least some cases.

This thesis integrates the epistemology of testimony with work on the epistemology, psychology, and metaphysics of language. Epistemologists of testimony typically ask what conditions must be met for an agent to gain testimonial justification or knowledge that p given that p has been asserted, and this assertion has been understood. Questions regarding the audience's ability to grasp communicated contents are largely ignored. This is a mistake. Work in the philosophy of language (and related areas) suggests that the determination and recovery of communicated contents is far from straightforward, and can go wrong in many ways. This thesis investigates the epistemology of testimony in light of this work, with a special focus on miscommunication. The introduction provides a brief overview of some relevant work on testimony, the philosophy of language, and psychology, and argues that there is good reason to investigate the three. One obvious problem in this area is that if testimonial knowledge requires knowledge of what is said then the risk of miscommunication will block testimonial knowledge. Chapter two argues that testimonial knowledge does not require knowledge of what is said. The remaining four chapters discuss problems which do to arise from miscommunication. Chapters three and four focus on the epistemic uncertainty of communication with context sensitive terms. Chapter three argues that many beliefs formed on the basis of context sensitive testimony are unsafe and insensitive. Chapter four argues that speakers often have plausible deniability about the contents of their assertions. Chapters five and six explore types of miscommunication which arise as a result of background mental states affecting our linguistic understanding. Chapter five explores the social/ethical consequences of this, arguing that certain groups are disproportionately subject to harmful misinterpretation. Chapter six argues that testimonial anti-reductionists make the wrong predictions about a range of cases of cognitive penetration.

The diploma thesis deals with psychological aspects of interrogation. The aim of the thesis is to describe general psychological aspects of interrogation, contained in scientific publications in comparison to practical knowledge, gathered by experienced police detectives. The thesis covers both psychological aspects of interrogated person as well as the interrogator. The thesis is comprised of four parts, each divided into chapters and subchapters. In the first part, the focus of the thesis is on testimony, its creation and above all verifying its credibility, as the primary aim of an interrogation is to achieve a complete and credible testimony. In the thesis, there are mentioned psychological methods how to achieve such a testimony, and at the same time how to avoid psychological errors of the investigator. The core of the thesis is dedicated to the topic of psychology of interrogation. This part is divided into three chapters; first chapter describes perception level of both interrogator and interrogated, the second covers the mutual interaction of both parties, and the third one their mutual communication. The communication level is a major part of psychology of interrogation, as the interrogated person expresses themselves not only by spoken word, but also by nonverbal cues such as facial...

Brigham and Bothwell (1983) claimed that jurors have a scientifically incorrect view of eyewitness testimony. The purpose of this study was to examine the most beneficial way to assist the jury in dealing with eyewitness testimony. Duckworth, Kreiner, Stark-Wroblewski, and Marsh (2011) applied interactive participation in an eyewitness activity and expert testimony to a mock-jury dealing with eyewitness testimony and found that those who participated in the activity had significantly fewer convictions. The methodological framework of the Duckworth et al. study was applied to East Tennessee State University criminal justice undergraduates. Although this study did not find any significant effects in hearing expert testimony on empirical findings regarding eyewitness testimony or participating in an individual recall activity, cross tabulation frequencies indicated a directional pattern of relationship when independent variables were compared to the control group.

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