M.A. (Clinical Psychology) / Please refer to full text to view abstract

With over twenty thousand complaints reported annually to police of child sexual abuse in South Africa, specialist police nvestigators are practised at taking statements from child complainants. This thesis analyses the fit between actualpolice practice and that recommended by international best practice. Children are a special class of witness because of their inherent social, emotional, and cognitive immaturity, and they are universally acknowledged to be very difficult witnesses to interview without the interviewer lending a bias to the process and thereby contaminating the outcome. The first half of the thesis therefore provides a detailed account of the research basis of current international best practice and of the hallmarks of that best practice which result in reliable interview outcomes. The second half of the thesis presents a descriptive analysis of 100 police statements taken from children in the Eastern Cape who had been raped in the period between 2010 and 2012. The findings of the analysis are presented in detail and then compared to the best practice summarised from the international research.

Contrary to interviewing guidelines, a considerable portion of witness interviews are not recorded. Investigators’ memory, their interview notes, and any subsequent interview reports therefore become important pieces of evidence; the accuracy of interviewers’ memory or such reports is therefore of crucial importance when interviewers testify in court regarding witness interviews. A detailed recollection of the actual exchange during such interviews and how information was elicited from the witness will allow for a better assessment of statement veracity in court. Two studies were designed to examine interviewers’ memory for a prior witness interview. Study One varied interviewer note-taking and type of subsequent interview report written by interviewers by including a sample of undergraduates and implementing a two-week delay between interview and recall. Study Two varied levels of interviewing experience in addition to report type and note-taking by comparing experienced police interviewers to a student sample. Participants interviewed a mock witness about a crime, while taking notes or not, and wrote an interview report two weeks later (Study One) or immediately after (Study Two). Interview reports were written either in a summarized format, which asked interviewers for a summary of everything that occurred during the interview, or verbatim format, which asked interviewers to record in transcript format the questions they asked and the witness’s responses. Interviews were videotaped and transcribed. Transcriptions were compared to interview reports to score for accuracy and omission of interview content. Results from both studies indicate that much interview information is lost between interview and report especially after a two-week delay. The majority of information reported by interviewers is accurate, although even interviewers who recalled information immediately after still reported a troubling amount of inaccurate information. Note-taking was found to increase accuracy and completeness of interviewer reports especially after a two week delay. Report type only influenced recall of interviewer questions. Experienced police interviewers were not any better at recalling a prior witness interview than student interviewers. Results emphasize the need to record witness interviews to allow for more accurate and complete interview reconstruction by interviewers, even if interview notes are available.

<p>Due to the increasing use of technology in everyday life, electronic evidence has become a vital part of nearly every criminal and civil trial. Such evidence can carry so much weight that it has been the “smoking gun” in a wide variety of cases, from traffic accidents to intellectual property disputes to murder. A computer forensics examiner is required to thoroughly analyze and interpret the data gathered from various sources; they can be an important ally in court by helping jurors understand the significance of the evidence. It is critical that expert witnesses aim to be highly qualified to testify in court. However, currently there are only minimal qualifications to testify as a digital forensics expert witness. Without proper standards, the wrong verdict could be determined. This research aimed to determine if there is a gap between the preference for qualifications for digital forensics experts and what qualifications such experts have actually attained. A group of attorneys and officers were asked to participate in an online survey study for which they were presented with questions on desired and attained qualifications. While this study showed that expert witnesses mostly met lawyer expectations, it also demonstrated that there is  need for standardized qualifications for expert testimony.</p>

Aim: To determine if a significant relationship exists between bloodless medicine practices and decreased infection rates in oncology patients following hematopoietic stem cell transplantation by performing a literature review. Background: It is not uncommon for healthcare professionals to encounter Jehovah's Witnesses (JW) seeking medical treatment in the acute care hospital setting and outpatient clinics alike. However, JW's pose a unique challenge to healthcare providers. Their refusal of blood transfusions makes them a population of interest within the medical community. The refusal of blood transfusions also poses a serious challenge to successful treatment in oncology JW patients, and many hospitals will refuse to perform a procedure as complex yet beneficial as a hematopoietic stem cell transplant in this population. Methods: An extensive electronic literature search in the CINAHL Plus database was completed and included the keywords infection, blood transfusion, stem cell transplant, bloodless medicine, Jehovah's Witnesses, and transfusion reactions. The available literature was carefully examined for interventions performed and compared for ultimate results to be finalized as a written report. Significance: The results of this research can not only optimize healthcare for the population of Jehovah's Witnesses, but also assist in reduced blood transfusions and improved cost management in all patients with a cancer diagnosis. Conclusions: All studies concluded that autologous hematopoietic stem cell transplantation can be performed safely without the use of blood products. Their conclusion was based off of the data they collected following patients post-stem cell transplant. More research is needed to explore outcomes in this population as a result of blood transfusion refusal following stem cell transplantation in comparison with those who receive blood transfusion support.

This study examines young Jehovah’s Witnesses’ experiences of others’ conceptions of their religion in media and through real-life encounters, and how they think it affects their everyday life. To get an insight into their subjective experiences, this research applied a qualitative approach with an interpretivist epistemological standpoint and constructionism as an ontological position. The data was collected through individual semi-structured interviews through Zoom. The participants consisted of eight Jehovah’s Witnesses living in Belgium, in the age range 14 to 18. The data was analysed using thematic analysis while employing an inductive approach. Goffman’s (1990; 1967) theories of self-presentation and face-work is discussed in relation to the main the findings. Findings showed that young Jehovah’s Witnesses encountered portrayals of child abuse, blood transfusion, and negative humour, and portrayals that invoked positive emotions, and neutral and correct information, although some had never seen any kind of portrayals of their religion in the media. All of them had come across what they classed as misconceptions about non-celebrations and prohibitions, cultism, and refusal of medical treatments, which they perceived as inaccurate or partially inaccurate. Some positive conceptions they came across were that Jehovah’s Witnesses were perceived as kind, helpful, and respectful. They believed others’ conceptions of their religion to be a result of word of mouth and partially through media portrayals, rather than first-hand experiences. Furthermore, they believed that inaccurate information and misconceptions about their religion were widespread due to lack of knowledge and misguided or spiteful former Jehovah’s Witnesses. They were self-aware of how and where they express their religious beliefs in different social contexts. They employed various coping strategies, e.g., sharing their experiences with fellow believers, relying on their religious beliefs,trying to think differently about a negative situation to maintain their well-being or avoiding negative content on media.

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The author has tried to show in this study the broad applications laid down by the Supreme Court in its decisions dealing with Jehovah's Witnesses. The tolerance used by the Supreme Court in working out the immense problems created by this sect at such a critical period, shows how tolerance builds strength rather than lessens it.

It is common knowledge that owing to their particular vulnerability children worldwide falls prey to physical and/or sexual violence in the home and/or community or witness criminal acts. Consequently children are called upon to testify in a court of law to cruelties or acts of violence. As a result of their developmental shortcomings and immaturity, children find the criminal justice system extremely intimidating and challenging. The importance of realising a justice system that not only affords an accused person the right to a fair trial but also protects and safeguards the rights of the child victims of and witnesses to the crime is thus indisputable. The purpose of this research was therefore to assist the South African criminal justice system in its on-going challenge to find a balance between the right of the accused person to a fair trial and the protection and safeguarding of the rights of child victims and child witnesses. The protection and safeguarding of the rights of child victims and child witnesses in terms of the South African Constitution, applicable domestic law and international instruments relating thereto were extensively discussed and shortcomings identified. Possible solutions to ensure that child witnesses and child victims are adequately protected and supported during the trial stage of the criminal process were advanced. Particular emphasis was placed on the role of an intermediary in assisting child victims and child witnesses during the court process. Comparative research on the protection of child victims and child witnesses in the criminal justice systems of New Zealand and Namibia were also conducted. Conclusions drawn from comparative studies were used to recommend appropriate changes to the current system. It is submitted that the adequate protection and safeguarding of the rights of child victims and child witnesses are dependent not only on sound legal principles but also on governmental and other involved stakeholders’ commitment toward the realisation of these rights. In order to give proper effect to the protection and safeguarding of child victims’ and child witnesses’ rights, it is proposed that the recommendations made throughout this study should be adopted and implemented. In this regard the role of an intermediary is crucial and the use of intermediaries should be promoted. / Private Law / LL.D.