Provision of a high standard of care in addiction treatment and prevention services is dependent upon knowledge of evidence-based practice (EBP) principles, and the skills needed to apply those principles, among the substance abuse workforce (SAW). Competency profiles for Canada’s SAW define the need for skill and knowledge of EBP. Within Canada’s SAW, persons within the Occupational Cluster Senior Management are ultimately responsible for decisions and therefore must possess a high level of proficiency in EBP. This proficiency has not been assessed in this group; the objective of this study was to conduct such an assessment on Senior Management from Nova Scotia’s Addiction Services. Eighteen Senior Managers completed semi-structured qualitative interviews. Interviews were analyzed using content analysis, five main themes emerged. It appears that Senior Management possess an understanding of the principles of EBP, but that their knowledge and use of the skills required for their application requires further development.

I address the problem of the lack of academic attention to evidentiary issues in Honduras in comparison to Common Law Countries. I feel that Honduran law students need to be taught a working scheme to deal with issues of admissibility and weight of evidence in order to achieve the rational determination of facts. / Moreover, I draw such a scheme from the conceptual basis for admission of evidence and the probative processes identified by Wigmore. I think that if this scheme were applied to trial records, academicians would identify problems in the admission and weight of evidence and would develop approaches to make reason and justice prevail. / The scheme is presented in the form of a chart and because it is adapted to the Honduran context I consider that it will have a positive effect on academic research, theorization and teaching of issues of admission and weight of evidence in Honduras.

This diploma thesis deals with the ineffective evidence in the context of criminal procedure in the Czech Republic. The aim of this thesis is to provide a coherent interpretation on this topic, analyse current legal framework including its shortcomings and supplement the thesis with a sufficient number of applicable case law. The thesis is systematically divided into three main chapters. The first chapter is a short interpretation of key terms, principles of the law of evidence and fundamental sources of law related to the evidence. The second chapter is crucial for understanding this issue. This chapter is devoted to the evaluation of evidence from the point of view of their legality as well as the possibility of using such as evidence in criminal proceedings subject to the statutory rules on evidence. After a theoretical introduction on absolute and relative inefficiency of evidence, the legality of evidence is described in detail according to five different aspects, which determine legal boundaries of evidence. These five aspects are means of evidence, the subject of evidence, stage of proceedings, the subject-matter of evidence and taking of evidence. Part of this chapter is also dedicated to the issue of whether the inefficiency of evidence has an impact on evidence obtained as a result of...

The acquisition of digital evidence is the most crucial part of the entire digital forensics process. During this process, digital evidence is acquired in a forensically sound manner to ensure the legal admissibility and reliability of that evidence in court. In the acquisition process various hardware or software tools are used to acquire the digital evidence. All of the digital forensic standards relating to the acquisition of digital evidence require that the hardware and software tools used in the acquisition process are validated as functioning correctly and reliably, as this lends credibility to the evidence in court. In fact the Electronic Communications and Transactions Act 25 of 2002 in South Africa specifically requires courts to consider issues such as reliability and the manner in which the integrity of digital evidence is ensured when assessing the evidential weight of digital evidence. Previous research into quality assurance in the practice of digital forensics in South Africa identified that in general, tool validation was not performed, and as such a hypothesis was proposed that digital forensic practitioners in South Africa make use of hardware and/or software tools for the forensic acquisition of digital evidence, whose validity and/or reliability cannot be objectively proven. As such the reliability of any digital evidence preserved using those tools is potentially unreliable. This hypothesis was tested in the research through the use of a survey of digital forensic practitioners in South Africa. The research established that the majority of digital forensic practitioners do not use tools in the forensic acquisition of digital evidence that can be proven to be validated and/or reliable. While just under a fifth of digital forensic practitioners can provide some proof of validation and/or reliability, the proof of validation does not meet formal international standards. In essence this means that digital evidence, which is preserved through the use of specific hardware and/or software tools for subsequent presentation and reliance upon as evidence in a court of law, is preserved by tools where the objective and scientific validity thereof has not been determined. Since South African courts must consider reliability in terms of Section 15(3) of the Electronic Communications and Transactions Act 25 of 2002 in assessing the weight of digital evidence, this is undermined through the current state of practice in South Africa by digital forensic practitioners.

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The use of circumstantial evidence in proving the guilt of defendants in high profile murder cases has evolved. There have been several cases in particular that exemplify this. This thesis aims to descri?e the persuasiveness of circumstantial evidence in proving the guilt of a defendant. It also aims to demonstrate that the defendants' actions, behaviors and appearances, which were once only commented upon by the media and public, have become admissible and convincing evidence because they indicate a consciousness of guilt. This thesis will highlight the aspects of the media's role in covering high profile murder cases and how this involvement impacted the cases. In order to show how the circumstantial evidence, including the defendant's behavior was sufficient to warrant a conviction at trial, the bulk of this thesis will examine various highly publicized cases and the evidence presented. This thesis will also discuss how the media has allowed high profile defendants to be tried in part, by public opinion. By examining the dynamics of several high profile murder cases that were prosecuted based on circumstantial evidence, this thesis will show the evolution of such evidence and its effectiveness in our present day courts.

Doctor of Philosophy / Similar to their colleagues throughout the world, nurses and midwives in New South Wales (NSW), Australia, welcome evidencebased practice (EBP) as a means to improve patient or client outcomes. This thesis explores the way nurses and midwives understand evidence for EBP and aims to determine whether members of these professions currently have the knowledge and skills necessary to implement evidence‐based care. Three separate studies were conducted to explore NSW nurses’ readiness for EBP. Attitudes, knowledge and skill were investigated using an EBP questionnaire returned by 383 nurses. The views of 23 nursing opinion leaders were elicited during qualitative in‐depth interviews, and their ideas on maximising the potential for future nurses to confidently engage in EBP were explored. Current approaches to teaching EBP in undergraduate nursing programs were investigated by examining documents issued by NSW nursing education providers. The results demonstrate many differences between the ways NSW nurses currently understand evidence for EBP, and a range of approaches to teaching EBP in undergraduate nursing programs. Under current conditions, nurses graduating from universities in NSW commence practice with varying levels of preparation for EBP and enter into a professional arena that is itself struggling to cope with the concepts and language of this approach to improving healthcare. v Evidence for the effectiveness of EBP is slowly accumulating and despite some small positive signs, the collective results of this thesis suggest that current educational approaches are not capable of producing the kind of results that are both necessary and desirable for the promotion of evidence‐based nursing practice in NSW. Articulating a commitment to EBP, using a common language and a consistent approach are among the recommendations made for the future promotion of EBP in nursing education.

Doctor of Philosophy / Similar to their colleagues throughout the world, nurses and midwives in New South Wales (NSW), Australia, welcome evidencebased practice (EBP) as a means to improve patient or client outcomes. This thesis explores the way nurses and midwives understand evidence for EBP and aims to determine whether members of these professions currently have the knowledge and skills necessary to implement evidence‐based care. Three separate studies were conducted to explore NSW nurses’ readiness for EBP. Attitudes, knowledge and skill were investigated using an EBP questionnaire returned by 383 nurses. The views of 23 nursing opinion leaders were elicited during qualitative in‐depth interviews, and their ideas on maximising the potential for future nurses to confidently engage in EBP were explored. Current approaches to teaching EBP in undergraduate nursing programs were investigated by examining documents issued by NSW nursing education providers. The results demonstrate many differences between the ways NSW nurses currently understand evidence for EBP, and a range of approaches to teaching EBP in undergraduate nursing programs. Under current conditions, nurses graduating from universities in NSW commence practice with varying levels of preparation for EBP and enter into a professional arena that is itself struggling to cope with the concepts and language of this approach to improving healthcare. v Evidence for the effectiveness of EBP is slowly accumulating and despite some small positive signs, the collective results of this thesis suggest that current educational approaches are not capable of producing the kind of results that are both necessary and desirable for the promotion of evidence‐based nursing practice in NSW. Articulating a commitment to EBP, using a common language and a consistent approach are among the recommendations made for the future promotion of EBP in nursing education.

Die ekstrinsieke getuienis-reël word in die algemeen beskou as een van die mees problematiese areas van die Suid-Afrikaanse bewysreg. Die Suid-Afrikaanse Regskommissie het dan ook redelik onlangs ondersoek ingestel na die wenslikheid van die behoud of afskaffing van die reël. Ondersoek word ingestel na die ware aard van die ekstrinsieke getuienis-reël en of die reël op ’n korrekte wyse in die Suid-Afrikaanse reg ingevoer is. ’n Deeglike kritiese ontleding word verder gedoen van die twee komponente waaruit die ekstrinsieke getuienis-reël bestaan, naamlik die integrasiereël en die interpretasiereël, met behoorlike verwysing na relevante regspraak en die standpunte van akademiese skrywers op hierdie gebied. Kritiese ondersoek word verder ingestel na die verslag en aanbevelings van die Suid-Afrikaanse Regskommissie ten aansien van die ekstrinsieke getuienis-reël. Die impak van die 1996 Grondwet, asook die moderne ontwikkeling van die rekenaar en elektroniese dokumente op die ekstrinsiekegetuienis-reël word ook kortliks ondersoek. Daar word verder grondig ondersoek ingestel na die ekstrinsieke getuienis-reël in ’n regsvergelykende perspektief met spesifieke verwysing na die Engelse, Amerikaanse, Kanadese, Nederlandse, Duitse, Franse en Switserse reg, asook die moontlike waarde wat sodanige benaderings kan toevoeg tot die reël in ’n Suid-afrikaanse konteks. Die gevolgtrekking waartoe gekom word in hierdie proefskrif is dat die ekstrinsieke getuienis-reël aansienlik gemodifiseer moet word in die Suid-Afrikaanse reg deur middel van die promulgering van spesifieke wetgewing op hierdie gebied. Die essensie van hierdie wetgewing moet daaruit bestaan dat alle relevante ekstrinsieke getuienis toegelaat behoort te word ten einde die ware bedoeling van die kontrakspartye vas te stel, behalwe waar dit blyk dat hulle ooreengekom het om hulle algehele ooreenkoms in die skriftelike kontrak te integreer. Daar behoort egter terselftertyd ’n aansienlike bewyswaarde aan die skriftelike dokument, asook die terme daarin vervat, geheg te word ten einde die onskendbaarheid van die skriftelike dokument te preserveer. / Criminal and Procedural Law / LL.D.

This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...