Ministry research project (D. Min.)--Midwestern Baptist Theological Seminary, 1992. / Includes bibliographical references (leaves 163-170).

abstract: This creative thesis is a work of narrative and lyric poetry. Death and Nature are two complex themes that emerge frequently in the poems and work as well across the breadth of the manuscript. The speakers' perspectives vary and are indebted to two sub-genres of poetry, namely--The Poetry of Witness, and Ekphrastic Poetry. Their psycho-analytic underpinnings are at times indisputable, and at other times, purely subjective. Many poems address political and human rights issues in the Middle East, and in the rest of the world. It is here that the poems depend and reveal flexibility with diction and varying structures. Overall, the poems reflect and investigate possible restraints and choices, both internally by the details and images, and externally by multiple experiments with free verse forms. / Dissertation/Thesis / M.F.A. Creative Writing 2012

No description available.

The diploma thesis called A Contribution to the History of the Locality of Zátoň deals with mapping of the historical background of this Šumava village. The opening chapters of the thesis concern the description of the history of Šumava and Sudety in general. The study of the particularities of this region and its development in the history puts the occurence into the period-context. The thesis deals with the events of the 20th century, when the German population was transfered out of their homes. The region was changed significantly by this step. The technical literature and memories of the contemporary witnesses were used in the thesis.

O desenvolvimento tecnológico que se apresenta no dia-a-dia, mediante o aprimoramento de aparelhos domésticos, de videogames, de celulares, de computadores, de televisores, etc. é da mesma forma, porém paulatinamente, inserido no judiciário. Hoje é possível, por meio da videoconferência, percorrer centenas de quilômetros sem se deslocar, fazendo com que a distancia entre juízes e testemunhas ou réus seja limitada à distancia entre esses sujeitos e o aparelho de vídeo e televisão instalado em penitenciárias e fóruns. Outrossim, prestigia-se a dignidade da pessoa humana ao evitar a revitimização de crianças e adolescentes vítimas ou testemunhas de violência, diferenciando-as, nos termos do preconizado pela Constituição Federal, dos adultos, no decorrer do processo judicial. Por outro lado, o desenvolvimento alcança também as organizações criminosas, fazendo com que essas se tornem cada vez mais ameaçadoras à segurança pública, dificultando a produção de provas em seu desfavor, pelo que alguns Tribunais passaram a aceitar, de forma ainda polêmica, a produção de provas por meio de testemunha indireta e de testemunha anônima. Com todas essas transformações afetando diretamente o judiciário, e face ao surgimento de novas formas de se produzir provas consolidadas no direito, como é o caso da prova testemunhal, surge a necessidade de se fazer uma análise da admissibilidade desses novos meios de produção probatória. A análise de admissibilidade é feita inicialmente por meio de um estudo da tipicidade e dos elementos típicos da prova testemunhal como concebida no Código de Processo Penal atual. Após estabelecido o parâmetro, analisa-se os termos em que vêm sendo produzidas as novas formas de produção de prova testemunhal. Se essas estiverem de acordo com os elementos típicos da prova testemunhal, devem ser aceitas no ordenamento brasileiro como prova testemunhal típica. Se, por outro lado, os novos meios de produção probatória derivados da prova testemunhal mostrarem-se em desacordo com os elementos típicos da prova testemunhal, não poderão ser aceitos no ordenamento, exceto se não representarem prejuízo às partes. / The technological development that is presented in day-to-day, by upgrading household appliances, video games, cell phones, computers, televisions, etc. is in the same way, but gradually, inserted in the judiciary. Today it is possible, through video conferencing, travel hundreds of miles without moving, making the distance between judges and witnesses or defendants is limited to the distance between these subjects and the videocamera and television set in prisons and forums. Furthermore, honors the dignity of the human person to avoid revictimization of child victims or witnesses of violence , differentiating them, as recommended by the Federal Constitution, of the adults, in the course of judicial proceedings. Moreover, the development also reaches criminal organizations, making these become an increasingly threat to public security , dificulting the production of evidence in their disfavor, that´s why some courts have come to accept, in a still polemic form, the production of evidence through indirect and anonymous witness testimony. With all these changes directly affecting the judiciary, and with the emergence of new ways to produce consolidated evidence, as is the case of testimonial evidence, there is a need to do an analysis of the admissibility of these new means of evidentiary production. The analysis of admissibility is initially done through a study of typicality and typical elements of testimonial evidence as conceived in the current Code of Criminal Procedure. After the parameter is set, starts the analyze of the terms that are being produced the new forms of production of testimonial evidence. If these are in agreement with the typical elements of testimonial evidence, they should be accepted in the Brazilian system as typical witnesses. If, on the other hand, the new means of production derived from testimony show themselves against the typical elements of testimony, these can´t be accepted in the order, except if they do not represent harm to the parties.

Magister Legum - LLM / This research paper examines whether the International Criminal Court has the competence to compel the appearance of witnesses before it, and if the States Parties to the Rome Statute have an obligation to serve and enforce a witness summons issued by the Court. In December 2013 the Office of the Prosecutor requested the International Criminal Court to summon witnesses and ascribed to the Court the power to order some States Parties to enforce witness summonses. The defence counsel in the particular case and the Kenyan government, the requested State Party, opposed the request. In April 2014 Trial Chamber V (A) of the International Criminal Court delivered a decision on that matter in which it found that it had indeed the power to compel witnesses and to order Kenya to enforce the summonses. The decision was confirmed on appeal in October 2014. This paper analyses the issue with reference to the decision of the Trial Chamber, the judgement of the Appeals Chamber, and the assertions by the parties in the present case. It also introduces other approaches on how to deal with this issue. The paper essentially analyses the text of the Rome Statute, the history of its drafting, and compares the enabling laws and jurisdictional competence of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone with regard to the theme under discussion. The paper furthermore analyses how the domestic laws of some states deal with the matter. Finally it examines the measures that the ICC can implement to enforce its orders.

abstract: The United States Supreme Court’s 1993 Daubert v. Merrell Dow Pharmaceuticals case established criteria for admitting scientific evidence in federal courts. It holds that scientific evidence must be valid, reliable, and relevant, and judges are required to be “gatekeepers” of evidence by screening out evidence that has not been empirically tested or vetted through the academic community. Yet, little is known about whether psychological assessment tools are subjected to scrutiny through the standards courts are supposed to apply. In three different studies, from the perspectives of judges, attorneys, and forensic mental health experts, the authors investigate whether psychological assessment evidence is being challenged. Information was collected on participants’ experiences with challenges to psychological assessments. Judges and lawyers completed a series of experimental case vignettes to assess their decision-making about legal admissibility of different qualities of psychological assessments. It was hypothesized they would not distinguish between low- and high-quality psychological assessments in admissibility. Bayesian model selection methods did not support the null hypothesis, however. It was found attorneys differentiate between the conditions. The rates in which legal professionals and forensic mental health evaluators experienced challenges were also higher than was expected. These positive findings show there is some degree of gatekeeping psychological assessment evidence in the courts. / Dissertation/Thesis / Masters Thesis Psychology 2020

COOPERATING DEFENDANT Abstract The aim of the thesis is to present and analyse the current legislation of the cooperating defendant in the Czech Republic. The thesis is divided into 6 chapters. The first part is focused on defining the terms crown witness and cooperating defendant. In the second chapter, the author deals with organized crime, because the main purpose of the institute of a cooperating defendant is to combat this phenomenon. The third chapter describes the current legal regulation of the institute of a cooperating defendant. The changes made by Act No. 333/2020 Sb. with effect from 1st October 2020 are also mentioned. The last part of this chapter is devoted to the issue of protection of a cooperating defendant in the Czech legal system. In the fourth chapter, the problematic points of the current legislation are highlighted and are followed by the de lege ferenda considerations. The fifth chapter deals with available data regarding the use of the institute of cooperating defendant in practice, i.e. specifically the frequency of use of this institute, in which crimes it occurs the most and what punishments are imposed on cooperating defendants. In the last chapter, the author deals with the institute of a cooperating defendant in the Italian legal system. It describes the legislation of the...

Please note: Editorial Studies works are permanently embargoed in OpenBU. No public access is forecasted for this item. To request private access, please click on the locked Download file link, and fill out the appropriate web form. / This dissertation considers the life and art of Osip Mandelstam in the 1930s, under the aspect of a disjunction between Mandelstam's posthumous image and the biographical evidence that emerged between 1993 and 2010. It traces this disjunction not solely to prior lack of information but also to the moral ambiguities that complicate the reception of this biographical material. Among the chief difficulties of Mandelstam's biography is his testimony to the OGPU, in which Mandelstam gave the names of those among his friends to whom he had recited his "Stalin Epigram." Close analysis of the exact words of the interrogation protocols, along with memoir evidence, is used to establish that the protocols constitute digests of information elicited previously by coercion. This conjecture is supported by reading the relevant parts of Nadezhda Mandelstam's memoirs under the aspect of the double bind--a pathogenic social situation studied by Gregory Bateson and described in structure and in its potential for inducing psychosis. Mandelstam's composition of the "Ode" to Stalin is considered in the light of new evidence about his exile and its effects on the poet's state of mind. The dissertation proceeds largely by scrutinizing the language of witnesses and their interpreters, of poets, understood as witnesses of truths available to the creative imagination, and of critics, the interpreters of poets and witnesses of the workings of poems and language. The idea of witness literature is considered in relation to the concept of textual witnesses, in the editorial sense, and to a specific instance of the latter in the marginalia of Nadezhda Mandelstam. Because this study must find a footing in the English language while attending closely to the Russian, it makes recourse to poets and critics who wrote in English, whose judgments and sensibilities help establish a broader frame of reference for a discussion focused on Stalin's Russia. Geoffrey Hill's particular artistic engagement with Mandelstam is contemplated as an instance of a special kind of bearing witness--the witness of imagination. / 2031-01-01

The purpose of this study was to discover if as an expert witness, an SLP can make a significant impact on the decision made by juries in the cases of defendants with a traumatic brain injury compared to no expert witness testimony. Participants were recruited from a pool of individuals who met the requirements to be a potential juror in the state of Illinois. Participants completed a survey regarding their opinions on defendants with TBI in court cases. The survey was created with the online survey generator software, “Google Forms” in order to determine if individuals would judge a defendant differently when informed of the expert witness testimony of an SLP. Results suggest a positive correlation between exposure to SLP testimony and greater leniency or rehabilitative tendencies in legal judgment. The implications of these results shine a very important light on the issue of individuals with TBI inside the criminal justice system. If cases continue to be held in a court of law without the input of specialized SLP expert knowledge, it would be difficult to say if true justice is served for each individual. With SLP expert testimony, the number of individuals with TBI who are behind bars as a result of ill-informed jury sentencing could be significantly reduced.