Ethical Issues in Expert Opinions and Testimony.

ERIC Educational Resources Information Center

Weed, Roger O.

2000-01-01

This article provides an overview of ethical issues in private for-profit practice, with particular focus on expert testimony, using examples from a sample of claims filed with the National Association of Rehabilitation Professionals in the Private Sector and malpractice insurance companies. Complaints most frequently involve issues related to…

29 CFR 18.701 - Opinion testimony by lay witnesses.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Opinion testimony by lay witnesses. 18.701 Section 18.701 Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS... Opinion testimony by lay witnesses. If the witness is not testifying as an expert, the witness' testimony...

The Expert Witness in Medical Malpractice Litigation

PubMed Central

2008-01-01

Physicians may find serving as an expert witness to be interesting, intellectually stimulating, and financially beneficial. However, potential expert witnesses should be aware of the increased legal scrutiny being applied to expert witness testimony in medical malpractice litigation. In the past, expert witnesses received absolute immunity from civil litigation regarding their testimony. This is no longer the case. Expert witnesses may be subject to disciplinary sanctions from professional organizations and state medical boards. In addition, emerging case law is defining the legal duty owed by the expert witness to the litigating parties. Orthopaedic surgeons who serve as expert witnesses should be familiar with the relevant Standards of Professionalism issued by the American Academy of Orthopaedic Surgeons. PMID:19052827

6 CFR 5.49 - Prohibition on providing expert or opinion testimony.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Prohibition on providing expert or opinion testimony. 5.49 Section 5.49 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY DISCLOSURE OF RECORDS AND INFORMATION Disclosure of Information in Litigation § 5.49 Prohibition on providing...

18 CFR 401.85 - Staff and other expert testimony.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 18 Conservation of Power and Water Resources 2 2011-04-01 2011-04-01 false Staff and other expert testimony. 401.85 Section 401.85 Conservation of Power and Water Resources DELAWARE RIVER BASIN COMMISSION ADMINISTRATIVE MANUAL RULES OF PRACTICE AND PROCEDURE Administrative and Other Hearings § 401.85 Staff and other...

Expert Witness Participation in Civil and Criminal Proceedings.

PubMed

Paul, Stephan R; Narang, Sandeep K

2017-03-01

The interests of the public and both the medical and legal professions are best served when scientifically sound and unbiased expert witness testimony is readily available in civil and criminal proceedings. As members of the medical community, patient advocates, and private citizens, pediatricians have ethical and professional obligations to assist in the civil and criminal judicial processes. This policy statement offers recommendations on advocacy, education, research, qualifications, standards, and ethical business practices all aimed at improving expert testimony. Copyright © 2017 by the American Academy of Pediatrics.

Undermining Reasonableness: Expert Testimony in a Case Involving a Battered Woman Who Kills

ERIC Educational Resources Information Center

Terrance, Cheryl; Matheson, Kimberly

2003-01-01

Student participants (N = 316) viewed a videotaped simulated case involving a woman who had entered a self-defense plea in the shooting death of her abusive husband. As successful claims of self-defense rest on the portrayal of a defendant who has responded reasonably to his/her situation, the implications of various forms of expert testimony in…

Influences of credibility of testimony and strength of statistical evidence on children’s and adolescents’ reasoning

PubMed Central

Kail, Robert V.

2013-01-01

According to dual-process models that include analytic and heuristic modes of processing, analytic processing is often expected to become more common with development. Consistent with this view, on reasoning problems, adolescents are more likely than children to select alternatives that are backed by statistical evidence. It is shown here that this pattern depends on the quality of the statistical evidence and the quality of the testimonial that is the typical alternative to statistical evidence. In Experiment 1, 9- and 13-year-olds (N = 64) were presented with scenarios in which solid statistical evidence was contrasted with casual or expert testimonial evidence. When testimony was casual, children relied on it but adolescents did not; when testimony was expert, both children and adolescents relied on it. In Experiment 2, 9- and 13-year-olds (N = 83) were presented with scenarios in which casual testimonial evidence was contrasted with weak or strong statistical evidence. When statistical evidence was weak, children and adolescents relied on both testimonial and statistical evidence; when statistical evidence was strong, most children and adolescents relied on it. Results are discussed in terms of their implications for dual-process accounts of cognitive development. PMID:23735681

Professionalism in court

PubMed Central

Hutchins, John C.

2014-01-01

Summary Serving as an expert witness can be a rewarding experience. It affords the neurologist the opportunity to contribute expertise to the legal system's pursuit of justice and benefits the public interest. However, serving as an expert witness without understanding and incorporating relevant professional and specialty guidelines concerning expert witness testimony can place the neurologist at risk. The American Academy of Neurology has established standards governing expert witness testimony and a disciplinary process to respond to complaints of violation of its standards. Increased understanding of and adherence to these qualifications and guidelines, coupled with an awareness of how the legal system differs from clinical practice, will better equip neurologists serving as expert witnesses and minimize their professional risk when doing so. PMID:25279255

Sexual Science and Sexual Forensics in 1920s Germany: Albert Moll as (S)Expert

PubMed Central

Conn, Matthew

2012-01-01

Using court records involving the expert testimony of the Berlin sexologist Albert Moll, my article demonstrates that during the early 1920s a shift in the ‘epistemologies of justice’ concerning the adjudication of sex crimes took place within German courtrooms. Namely, presiding judges considered a greater number of sexual acts as punishable, despite no change in the laws themselves. Central to my argument is the role of expert testimony in practice and its critical reception. By focusing upon the rhetorical strategies presented by attorneys, judges and expert witnesses (as well as defendants themselves and their relatives), it illustrates the functions of expert and tacit knowledge in court, which were often not mutually exclusive. Moll’s stature also enabled him to translate his scientific–medical expertise into state support for his testimonies, as well as the rebuilding of an international community of sexological authorities. It was only under Moll’s leadership that the First International Sexology Congress could take place in 1926, an event that marked the apex of his prestige. PMID:23002293

The expert witness. Neither Frye nor Daubert solved the problem: what can be done?

PubMed

Kaufman, H H

2001-01-01

Flawed expert scientific testimony has compromised truth finding in American litigation, including in medical malpractice and in product liability cases. The Federal Rules of Evidence and the Supreme Court in Daubert and other cases have established standards for testimony that include reliability and relevance, and established judges as gatekeepers. However, because of lack of understanding of scientific issues, judges have problems with this role, and juries have difficulties with scientific evidence. Professionals and the judiciary have made some advances, but a better system involving the court's use of neutral experts and a mechanism to hold experts accountable for improprieties is needed.

On sound and unsound mind: the role of suicide in tort and insurance litigation.

PubMed

Simon, Robert I; Levenson, James L; Shuman, Daniel W

2005-01-01

Suicide continues to be a recognized as a crime by common law in a few states. In those jurisdictions, the beneficiary of a claim must prove that the individual who attempted or committed suicide was of unsound mind, to avoid having the patient's act declared illegal, which would bar recovery of the claim. In malpractice and insurance cases, expert testimony is required regarding the mental state of the individual who attempted or committed suicide. Psychiatric testimony varies widely, depending on the legal definition of "unsound mind" and the highly subjective interpretation of legal definitions. Some experts equate suicide with an unsound mind, whereas others apply M'Naghten criteria. Some psychiatrists who disagree with criminalizing suicide refuse to participate in these proceedings. In suicide malpractice cases, the appropriate function of the expert witness is to provide testimony about the standard of care. When experts attempt to testify about "sound or unsound" mind, they must be mindful of the imperfect fit between psychiatry and the law.

Influences of credibility of testimony and strength of statistical evidence on children's and adolescents' reasoning.

PubMed

Kail, Robert V

2013-11-01

According to dual-process models that include analytic and heuristic modes of processing, analytic processing is often expected to become more common with development. Consistent with this view, on reasoning problems, adolescents are more likely than children to select alternatives that are backed by statistical evidence. It is shown here that this pattern depends on the quality of the statistical evidence and the quality of the testimonial that is the typical alternative to statistical evidence. In Experiment 1, 9- and 13-year-olds (N=64) were presented with scenarios in which solid statistical evidence was contrasted with casual or expert testimonial evidence. When testimony was casual, children relied on it but adolescents did not; when testimony was expert, both children and adolescents relied on it. In Experiment 2, 9- and 13-year-olds (N=83) were presented with scenarios in which casual testimonial evidence was contrasted with weak or strong statistical evidence. When statistical evidence was weak, children and adolescents relied on both testimonial and statistical evidence; when statistical evidence was strong, most children and adolescents relied on it. Results are discussed in terms of their implications for dual-process accounts of cognitive development. Copyright © 2013 Elsevier Inc. All rights reserved.

[The persuasive effects according to types of exercise promotion advertisements for obesity prevention in elementary school students].

PubMed

An, Gyeong Ju; Choe, Myoung-Ae; Kim, Byoung Hee

2005-08-01

This study was to identify the persuasive effects of exercise promotion advertisements for obesity prevention according to the source types(ordinary people, experts, celebrity endorsers) and advertising message types(slices of life, testimonials). Gender, height, body weight, BMI, attitude toward obesity(Aob) and exercise(Aex), and intention to exercise(Iex) were collected from 626 elementary school students in a pretest. After 2 months, six advertisements type attached to a questionnaire were provided for 20 minutes and then Aob, Aex, Iex, source credibility and attitude toward advertisements(Aad) were collected in posttest. 1) In posttest the Iex of 6 the groups increased significantly compared with that of the pretest, 2) Source credibility of the Ordinary+Testimonial group was lower than the Celebrity+Testimonial, Celebrity+Slice of life, Ordinary+Slice of life, and Expert+Testimonial groups. Aad of the Celebrity+Testimonial group was higher than the Ordinary+ Testimonial group. 3) The Main effect and interaction effect of source types and advertising message types were significant in source credibility and Aad. Persuasive effects of exercise promotion advertisements in elementary school students was found to be the most effective in Celebrity+Testimonial. This study suggests that selection of health education advertisements according to demographic characteristics is important to promote persuasive effects.

An Examination of the Causes and Solutions to Eyewitness Error

PubMed Central

Wise, Richard A.; Sartori, Giuseppe; Magnussen, Svein; Safer, Martin A.

2014-01-01

Eyewitness error is one of the leading causes of wrongful convictions. In fact, the American Psychological Association estimates that one in three eyewitnesses make an erroneous identification. In this review, we look briefly at some of the causes of eyewitness error. We examine what jurors, judges, attorneys, law officers, and experts from various countries know about eyewitness testimony and memory, and if they have the requisite knowledge and skills to accurately assess eyewitness testimony. We evaluate whether legal safeguards such as voir dire, motion-to-suppress an identification, cross-examination, jury instructions, and eyewitness expert testimony are effective in identifying eyewitness errors. Lastly, we discuss solutions to eyewitness error. PMID:25165459

[Neurologic-psychiatric expert assessment in 1989 to 1991 social law].

PubMed

Ritter, G

1994-04-01

With 100 Social Court proceedings instituted in Germany (according to the territory of 1989), there could be shown the law-suits not being based on substantial arguments in two thirds and, therefore not having chances of success in foro. Among medical expert testimonies concerning with psychiatric matters female plaintiffs predominated; in contrast, neurologic testimonies were predominantly requested for males. The proportion of foreigners amounted to 5-15% depending from the matter on which testimony was requested. Mean age of the plaintiffs was approximately 50 years, they had been retired from business life on an average of 3 years before. Two thirds of the plaintiffs briefed an attorney or a representation of interests for instituting legal proceedings; the latter did not result in charges to the plaintiffs. Medical examinations to elaborate the testimony included tests employing technical measures such as neuroimaging in about one third of the cases. Relating to the latter, there is an increasing tendency obviously.

Juror sensitivity to false confession risk factors: Dispositional vs. situational attributions for a confession.

PubMed

Woestehoff, Skye A; Meissner, Christian A

2016-10-01

Research on jurors' perceptions of confession evidence suggests that jurors may not be sensitive to factors that can influence the reliability of a confession. Jurors' decisions tend not to be influenced by situational pressures to confess, which suggests that jurors commit the correspondence bias when evaluating a confession. One method to potentially increase sensitivity and counteract the correspondence bias is by highlighting a motivation other than guilt for the defendant's confession. We conducted 3 experiments to evaluate jurors' sensitivity to false confession risk factors. Participants read a trial transcript that varied the presence of false confession risk factors within an interrogation. Some participants also read testimony that presented an alternative motivation for the confession (expert testimony, Experiments 1 and 3; defendant testimony, Experiment 2). Across 3 experiments, participants were generally able to distinguish between interrogation practices that can produce a false confession, regardless of the presence or absence of expert or defendant testimony. Experiment 3 explored whether participants' attributions for the confessor's motivation were affected by interrogative pressure and expert testimony, and whether these attributions affected verdicts. Participants' reluctance to convict when false confession risk factors were present was associated with situational, rather than dispositional, attributions regarding the defendant's motivation to confess. It is possible that increased knowledge is responsible for participants' improved sensitivity to false confession risk factors. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

Meeting a Forensic Podiatry Admissibility Challenge: A Daubert Case Study.

PubMed

Nirenberg, Michael

2016-05-01

This article is an introduction to the United States Supreme Court's standard of admissibility of forensic evidence and testimony at trial, known as the Daubert standard, with emphasis on how this standard applies to the field of forensic podiatry. The author, a forensic podiatrist, provided law enforcement with evidence tying a bloody sock-clad footprint found at the scene of a homicide to the suspect. In 2014, the author testified at a pretrial hearing, known as "a Daubert hearing," to address the admissibility of this evidence in court. This was the first instance of forensic podiatry being the primary subject of a Daubert hearing. The hearing resulted in the court ordering this evidence admissible. The expert's testimony contributed to the suspect's conviction. This article serves as a reference for forensic podiatrists and experts in similar fields that involve impression evidence, providing evidentiary standards and their impact on expert evidence and testimony. © 2016 American Academy of Forensic Sciences.

Investigating Trust, Expertise, and Epistemic Injustice in Chronic Pain.

PubMed

Buchman, Daniel Z; Ho, Anita; Goldberg, Daniel S

2017-03-01

Trust is central to the therapeutic relationship, but the epistemic asymmetries between the expert healthcare provider and the patient make the patient, the trustor, vulnerable to the provider, the trustee. The narratives of pain sufferers provide helpful insights into the experience of pain at the juncture of trust, expert knowledge, and the therapeutic relationship. While stories of pain sufferers having their testimonies dismissed are well documented, pain sufferers continue to experience their testimonies as being epistemically downgraded. This kind of epistemic injustice has received limited treatment in bioethics. In this paper, we examine how a climate of distrust in pain management may facilitate what Fricker calls epistemic injustice. We critically interrogate the processes through which pain sufferers are vulnerable to specific kinds of epistemic injustice, such as testimonial injustice. We also examine how healthcare institutions and practices privilege some kinds of evidence and ways of knowing while excluding certain patient testimonies from epistemic consideration. We argue that providers ought to avoid epistemic injustice in pain management by striving toward epistemic humility. Epistemic humility, as a form of epistemic justice, may be the kind disposition required to correct the harmful prejudices that may arise through testimonial exchange in chronic pain management.

50 CFR 18.87 - Direct testimony.

Code of Federal Regulations, 2014 CFR

2014-10-01

... a witness shall be considered part of the record. Such direct testimony, when written, shall not be read into evidence but shall become a part of the record subject to exclusion of irrelevant and... briefly state the scientific or technical training which qualifies him as an expert; (3) Identify the...

12 CFR 404.24 - General provisions.

Code of Federal Regulations, 2010 CFR

2010-01-01

... of expert or opinion testimony by Ex-Im Bank personnel regarding matters related to the performance... 12 Banks and Banking 4 2010-01-01 2010-01-01 false General provisions. 404.24 Section 404.24 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Demands for Testimony of...

Demystifying the Courtroom: Everything the Veterinary Pathologist Needs to Know About Testifying in an Animal Cruelty Case.

PubMed

Frederickson, Reese

2016-09-01

When veterinary pathologists testify as expert witnesses in animal cruelty trials, they may find themselves in an intimidating and unfamiliar environment. The legal rules are clouded in mystery, the lawyers dwell on mundane details, and the witness's words are extracted with precision by a verbal scalpel. An unprepared expert witness can feel ungrounded and stripped of confidence. The goal of this article is to lift the veil of mystery and give the veterinary pathologist the tools to be a knowledgeable and confident expert witness before and during testimony. This article discusses the types of expert witnesses, disclosure requirements and the importance of a good report, the legal basics of expert testimony, and how to be an effective expert witness. The article references Minnesota law; however, the laws are similar in most jurisdictions and based on the same constitutional requirements, and the concepts presented are applicable in nearly every courtroom.(1). © The Author(s) 2016.

Professional oversight of physician expert witnesses: an analysis of complaints to the Professional Conduct Committee of the American Association of Neurological Surgeons, 1992-2006.

PubMed

Kesselheim, Aaron S; Studdert, David M

2009-01-01

To investigate the role of the professional conduct review program that is operated by the American Association of Neurological Surgeons (AANS). The program adjudicates complaints against AANS members for their work as expert witnesses in medical malpractice litigation. Policymakers worry that physician expert witnesses who espouse unfounded views in malpractice cases may fuel inappropriate litigation. A growing number of professional societies have sought to oversee their members' work as expert witnesses by instituting standards to regulate this conduct and enforcing those standards through formal disciplinary procedures. The AANS runs the longest-established and busiest program of this kind in the country. Plaintiffs' lawyers and consumer advocates have questioned the even-handedness of this form of self-regulation. We reviewed the confidential case summaries of all 59 complaints involving charges of inappropriate expert witness testimony adjudicated by the AANS Professional Conduct Committee from 1992 to 2006. We developed descriptive categories for the characteristics of the complainant and respondent, the types of misconduct alleged, and the outcomes of the review, including penalties imposed. The most common type of allegation was presentation of testimony that misrepresented the standard of care. Nineteen complaints (32%) were dismissed, but 40 (68%) resulted in sanctions ranging from censure to expulsion from membership. Both the frequency of complaints and length of sanctions have increased in the last 4 years. Although the AANS is highly attentive to procedural fairness, the overwhelming majority (57/59, 97%) of complaints related to testimony from witnesses acting for plaintiffs. Professional organizations may play a useful role in oversight of expert witness conduct, provided they maintain procedural fairness and strive for impartiality, as the AANS program seems to have done. However, from a policy perspective, this form of oversight is incomplete and should be complemented by other mechanisms aimed at ensuring the quality of physician testimony.

29 CFR 18.705 - Disclosure of facts or data underlying expert opinion.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 29 Labor 1 2013-07-01 2013-07-01 false Disclosure of facts or data underlying expert opinion. 18... Testimony § 18.705 Disclosure of facts or data underlying expert opinion. The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data...

29 CFR 18.705 - Disclosure of facts or data underlying expert opinion.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 29 Labor 1 2011-07-01 2011-07-01 false Disclosure of facts or data underlying expert opinion. 18... Testimony § 18.705 Disclosure of facts or data underlying expert opinion. The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data...

29 CFR 18.705 - Disclosure of facts or data underlying expert opinion.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 29 Labor 1 2014-07-01 2013-07-01 true Disclosure of facts or data underlying expert opinion. 18... Testimony § 18.705 Disclosure of facts or data underlying expert opinion. The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data...

29 CFR 18.705 - Disclosure of facts or data underlying expert opinion.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Disclosure of facts or data underlying expert opinion. 18... Testimony § 18.705 Disclosure of facts or data underlying expert opinion. The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data...

29 CFR 18.705 - Disclosure of facts or data underlying expert opinion.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 29 Labor 1 2012-07-01 2012-07-01 false Disclosure of facts or data underlying expert opinion. 18... Testimony § 18.705 Disclosure of facts or data underlying expert opinion. The expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data...

[Malpractice Claims Against Pediatricians - Analysis of Expert Testimonies from the Medical Service of Health Insurance Companies Between 2000 and 2014].

PubMed

Steinhauer, Heiko; Holzschuh, Joachim; Böhler, Thomas

2017-11-01

Background In Germany, few data are available on medical malpractice claims against pediatricians. On behalf of Statutory Health Insurance Companies their Medical Service (MDK) regularly offers expert testimony in case of allegations during pediatric treatment. Methods Analysis of 374 written pediatric testimonies, documented between September 1st, 2000 and August 31st, 2014. Results 193 allegations against pediatricians were analysed separately for each sector of care (35% concerning outpatients, 28% normal inpatients, and 37% patients treated in an intensive care unit, ICU). Outpatient care led more frequently to malpractice claims regarding diagnosis, most often in the case of dysplasia of the hip (n=6), meningitis (n=5), and pneumonia (n=4). In inpatients, allegations regarding treatment errors were more common and frequently associated with extravasation injury (n=7), as well as periventricular leukomalacia (n=7), sepsis (=6), and intraventricular haemorrhage (n=4) in newborn infants on ICUs. Expert testimony confirmed allegations in 43% of the outpatients, 22% of the normal inpatients and 38% of the ICU patients. Discussion and conclusion The frequency of pediatric malpractice claims seems to depend primarily on the pattern of utilization of pediatric care services. Diagnosis-related constellations leading to malpractice claims in Germany are well-known internationally. Case analysis according to medical care sectors allows comprehensible conclusions for risk management. © Georg Thieme Verlag KG Stuttgart · New York.

Challenging the epidemiologic evidence on passive smoking: tactics of tobacco industry expert witnesses.

PubMed

Francis, John A; Shea, Amy K; Samet, Jonathan M

2006-12-01

To analyse the statements given by tobacco industry defence witnesses during trial testimonies and depositions in second-hand smoke cases and in parallel, to review criticisms of epidemiology in industry-funded publications in order to identify strategies for discrediting epidemiologic evidence on passive smoking health effects. A collection of depositions and trial testimony transcripts from tobacco industry-related lawsuits filed in the United States during the 1990s, was compiled and indexed by the Tobacco Deposition and Trial Testimony Archive (DATTA). Statements in DATTA made by expert witnesses representing the tobacco industry relating to the health effects of passive smoking were identified and reviewed. Industry-supported publications within the peer-reviewed literature were also examined for statements on exposure misclassification, meta-analysis, and confounding. The witnesses challenged causation of adverse health effects of passive smoking by citing limitations of epidemiologic research, raising methodological and statistical issues, and disputing biological plausibility. Though not often cited directly by the witnesses, the defence tactics mirrored the strategies used in industry-funded reports in the peer-reviewed literature. The tobacco industry attempted to redirect the focus and dialogue related to the epidemiologic evidence on passive smoking. This approach, used by industry experts in trial testimony and depositions, placed bias as a certain alternative to causation of diseases related to passive smoking and proposed an unachievable standard for establishing the mechanism of disease.

The presentation of expert testimony via live audio-visual communication.

PubMed

Miller, R D

1991-01-01

As part of a national effort to improve efficiency in court procedures, the American Bar Association has recommended, on the basis of a number of pilot studies, increased use of current audio-visual technology, such as telephone and live video communication, to eliminate delays caused by unavailability of participants in both civil and criminal procedures. Although these recommendations were made to facilitate court proceedings, and for the convenience of attorneys and judges, they also have the potential to save significant time for clinical expert witnesses as well. The author reviews the studies of telephone testimony that were done by the American Bar Association and other legal research groups, as well as the experience in one state forensic evaluation and treatment center. He also reviewed the case law on the issue of remote testimony. He then presents data from a national survey of state attorneys general concerning the admissibility of testimony via audio-visual means, including video depositions. Finally, he concludes that the option to testify by telephone provides a significant savings in precious clinical time for forensic clinicians in public facilities, and urges that such clinicians work actively to convince courts and/or legislatures in states that do not permit such testimony (currently the majority), to consider accepting it, to improve the effective use of scarce clinical resources in public facilities.

On the "general acceptance" of eyewitness testimony research. A new survey of the experts.

PubMed

Kassin, S M; Tubb, V A; Hosch, H M; Memon, A

2001-05-01

In light of recent advances, this study updated a prior survey of eyewitness experts (S. M. Kassin, P. C. Ellsworth, & V. L. Smith, 1989). Sixty-four psychologists were asked about their courtroom experiences and opinions on 30 eyewitness phenomena. By an agreement rate of at least 80%, there was a strong consensus that the following phenomena are sufficiently reliable to present in court: the wording of questions, lineup instructions, confidence malleability, mug-shot-induced bias, postevent information, child witness suggestibility, attitudes and expectations, hypnotic suggestibility, alcoholic intoxication, the crossrace bias, weapon focus, the accuracy-confidence correlation, the forgetting curve, exposure time, presentation format, and unconscious transference. Results also indicate that these experts set high standards before agreeing to testify. Despite limitations, these results should help to shape expert testimony so that it more accurately represents opinions in the scientific community.

Breaking the School-to-Prison Pipeline for Students with Disabilities

ERIC Educational Resources Information Center

National Council on Disability, 2015

2015-01-01

In conjunction with its fall quarterly meeting, NCD convened a stakeholder forum in Atlanta in October 2014 to receive testimony on the role of special education in the School-to-Prison Pipeline. The findings and recommendations in this report are based upon the culmination of that testimony, interviews with experts, and review of available…

Testimony by otolaryngologists in defense of tobacco companies 2009-2014.

PubMed

Jackler, Robert K

2015-12-01

To examine expert testimony offered by otolaryngologists in defense of the tobacco industry and to assess whether opinions rendered were congruent with evidence in the scientific literature. Data sources include publically available expert witness depositions and trial testimony of board-certified otolaryngologists employed by the tobacco industry in defense of lawsuits brought by smokers suffering from head and neck cancer. The cases, adjudicated in Florida between 2009 and 2014, focused on whether smoking caused the plaintiff's cancer. The study includes nine legal cases of upper aerodigestive tract cancer involving six otolaryngologists serving as expert witnesses for the tobacco industry. Cancer sites included larynx (5), esophagus (2), mouth (1), and lung (1). Five of the six otolaryngologists consistently, over multiple cases, offered opinions that smoking did not cause the plaintiff's cancer. By highlighting an exhaustive list of potential risk factors, such as human papillomavirus (HPV), alcohol, asbestos, diesel fumes, salted fish, mouthwash, and even urban living, they created doubt in the minds of the jurors as to the role of smoking in the plaintiff's cancer. Evidence shows that this testimony, which was remarkably similar across cases, was part of a defense strategy shaped by tobacco's law firms. A small group of otolaryngologists regularly serve as experts on behalf of the tobacco industry. Examination of their opinions in relation to the scientific literature reveals a systematic bias in interpreting the data relating to the role played by smoking in head and neck cancer causation. N/A. Laryngoscope published by Wiley on behalf of the American Laryngological, Rhinological and Otological Society, Inc, “The Triological Society” and American Laryngological Association (the “Owner”).

Building Blocks for a Strong Preschool to Early Elementary Education System. Testimony. CT-372

ERIC Educational Resources Information Center

Karoly, Lynn A.

2012-01-01

This testimony was presented before the Committe of the Whole Council of the District of Columbia on February 16, 2012. Experts in child development have long known that the earliest years of a child's life are a critical period of development across a range of domains: physical, socio-emotional, behavioral, and cognitive (Shonkoff and Phillips,…

The role of tobacco advertising and promotion: themes employed in litigation by tobacco industry witnesses

PubMed Central

Goldberg, Marvin E; Davis, Ronald M; O'Keefe, Anne Marie

2006-01-01

Objectives To identify key themes related to tobacco advertising and promotion in testimony provided by tobacco industry‐affiliated witnesses in tobacco litigation, and to present countervailing evidence and arguments. Methods Themes in industry testimony were identified by review of transcripts of testimony in the Tobacco Deposition and Trial Testimony Archive (http://tobaccodocuments.org/datta) from a sample of defence witnesses, including three academic expert witnesses, six senior executives of tobacco companies, and one industry advertising consultant. Counterarguments to the themes embodied in defence testimony were based on information from peer‐reviewed literature, advertising trade publications, government reports, tobacco industry documents, and testimony provided by expert witnesses testifying for plaintiffs. Results Five major themes employed by defence witnesses were identified: (1) tobacco advertising has a relatively weak “share of voice” in the marketing environment and is a weak force in affecting smoking behaviour; (2) tobacco advertising and promotion do not create new smokers, expand markets, or increase total tobacco consumption; (3) the tobacco industry does not target, study, or track youth smoking; (4) tobacco advertising and promotion do not cause smoking initiation by youth; and (5) tobacco companies and the industry adhere closely to relevant laws, regulations, and industry voluntary codes. Substantial evidence exists in rebuttal to these arguments. Conclusions Tobacco industry‐affiliated witnesses have marshalled many arguments to deny the adverse effects of tobacco marketing activities and to portray tobacco companies as responsible corporate citizens. Effective rebuttals to these arguments exist, and plaintiffs' attorneys have, with varying degrees of success, presented them to judges and juries. PMID:17130625

The role of tobacco advertising and promotion: themes employed in litigation by tobacco industry witnesses.

PubMed

Goldberg, Marvin E; Davis, Ronald M; O'Keefe, Anne Marie

2006-12-01

To identify key themes related to tobacco advertising and promotion in testimony provided by tobacco industry-affiliated witnesses in tobacco litigation, and to present countervailing evidence and arguments. Themes in industry testimony were identified by review of transcripts of testimony in the Tobacco Deposition and Trial Testimony Archive (http://tobaccodocuments.org/datta) from a sample of defence witnesses, including three academic expert witnesses, six senior executives of tobacco companies, and one industry advertising consultant. Counterarguments to the themes embodied in defence testimony were based on information from peer-reviewed literature, advertising trade publications, government reports, tobacco industry documents, and testimony provided by expert witnesses testifying for plaintiffs. Five major themes employed by defence witnesses were identified: (1) tobacco advertising has a relatively weak "share of voice" in the marketing environment and is a weak force in affecting smoking behaviour; (2) tobacco advertising and promotion do not create new smokers, expand markets, or increase total tobacco consumption; (3) the tobacco industry does not target, study, or track youth smoking; (4) tobacco advertising and promotion do not cause smoking initiation by youth; and (5) tobacco companies and the industry adhere closely to relevant laws, regulations, and industry voluntary codes. Substantial evidence exists in rebuttal to these arguments. Tobacco industry-affiliated witnesses have marshalled many arguments to deny the adverse effects of tobacco marketing activities and to portray tobacco companies as responsible corporate citizens. Effective rebuttals to these arguments exist, and plaintiffs' attorneys have, with varying degrees of success, presented them to judges and juries.

Inaccuracy of age assessment from images of postpubescent subjects in cases of alleged child pornography.

PubMed

Rosenbloom, Arlan L

2013-03-01

Despite frequent medical expert testimony authoritatively stating that images of individuals who are postpubescent indicate age less than 18 and therefore, child pornography, developmental experts have noted that a scientific basis for such estimation is lacking. In fact, recent studies have demonstrated a high degree of inaccuracy in such estimates, and that the stage of breast development often used as indicative of age under 18 years is present in a substantial percentage of adult women. Ten images of adult women from legitimate pornographic sites promoting youthful images were shown to 16 pediatric endocrinologists expert in evaluating maturation, who determined whether or not the individuals represented were under 18 years of age. They also provided information about what features were most important in their evaluations. Sixty-nine percent of the 160 estimates were that the images represented females under 18 years of age. There was wide variability in the designation of importance of the various features of maturation in reaching conclusions, with breast development and facial appearance considered most important. This study confirms that medical testimony, even by experts in adolescent development, can deem images of adult women selected for their youthful appearance to be under age 18 two thirds of the time. Thus, important as prosecuting users of child pornographic material may be, justice requires the avoidance of testimony that is not scientifically based.

Individual versus group decision making: Jurors' reliance on central and peripheral information to evaluate expert testimony.

PubMed

Salerno, Jessica M; Bottoms, Bette L; Peter-Hagene, Liana C

2017-01-01

To investigate dual-process persuasion theories in the context of group decision making, we studied low and high need-for-cognition (NFC) participants within a mock trial study. Participants considered plaintiff and defense expert scientific testimony that varied in argument strength. All participants heard a cross-examination of the experts focusing on peripheral information (e.g., credentials) about the expert, but half were randomly assigned to also hear central information highlighting flaws in the expert's message (e.g., quality of the research presented by the expert). Participants rendered pre- and post-group-deliberation verdicts, which were considered "scientifically accurate" if the verdicts reflected the strong (versus weak) expert message, and "scientifically inaccurate" if they reflected the weak (versus strong) expert message. For individual participants, we replicated studies testing classic persuasion theories: Factors promoting reliance on central information (i.e., central cross-examination, high NFC) improved verdict accuracy because they sensitized individual participants to the quality discrepancy between the experts' messages. Interestingly, however, at the group level, the more that scientifically accurate mock jurors discussed peripheral (versus central) information about the experts, the more likely their group was to reach the scientifically accurate verdict. When participants were arguing for the scientifically accurate verdict consistent with the strong expert message, peripheral comments increased their persuasiveness, which made the group more likely to reach the more scientifically accurate verdict.

Dissociative identity disorder: Medicolegal challenges.

PubMed

Farrell, Helen M

2011-01-01

Persons with dissociative identity disorder (DID) often present in the criminal justice system rather than the mental health system and perplex experts in both professions. DID is a controversial diagnosis with important medicolegal implications. Defendants have claimed that they committed serious crimes, including rape or murder, while they were in a dissociated state. Asserting that their alter personality committed the bad act, defendants have pleaded not guilty by reason of insanity (NGRI). In such instances, forensic experts are asked to assess the defendant for DID and provide testimony in court. Debate continues over whether DID truly exists, whether expert testimony should be allowed into evidence, and whether it should exculpate defendants for their criminal acts. This article reviews historical and theoretical perspectives on DID, presents cases that illustrate the legal implications and controversies of raising an insanity defense based on multiple personalities, and examines the role of forensic experts asked to comment on DID with the goal of assisting clinicians in the medicolegal assessment of DID in relation to crimes.

Adversarial allegiance: The devil is in the evidence details, not just on the witness stand.

PubMed

McAuliff, Bradley D; Arter, Jeana L

2016-10-01

This study examined the potential influence of adversarial allegiance on expert testimony in a simulated child sexual abuse case. A national sample of 100 witness suggestibility experts reviewed a police interview of an alleged 5-year-old female victim. Retaining party (prosecution, defense) and interview suggestibility (low, high) varied across experts. Experts were very willing to testify, but more so for the prosecution than the defense when interview suggestibility was low and vice versa when interview suggestibility was high. Experts' anticipated testimony focused more on prodefense aspects of the police interview and child's memory overall (negativity bias), but favored retaining party only when interview suggestibility was low. Prosecution-retained experts shifted their focus from prodefense aspects of the case in the high suggestibility interview to proprosecution aspects in the low suggestibility interview; defense experts did not. Blind raters' perceptions of expert focus mirrored those findings. Despite an initial bias toward retaining party, experts' evaluations of child victim accuracy and police interview quality were lower in the high versus low interview suggestibility condition only. Our data suggest that adversarial allegiance exists, that it can (but not always) influence how experts process evidence, and that it may be more likely in cases involving evidence that is not blatantly flawed. Defense experts may evaluate this type of evidence more negatively than prosecution experts because of negativity bias and positive testing strategies associated with confirmation bias. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

Adversarial Allegiance: The Devil is in the Evidence Details, Not Just on the Witness Stand

PubMed Central

McAuliff, Bradley D.; Arter, Jeana L.

2016-01-01

This study examined the potential influence of adversarial allegiance on expert testimony in a simulated child sexual abuse case. A national sample of 100 witness suggestibility experts reviewed a police interview of an alleged 5 year-old female victim. Retaining party (prosecution, defense) and interview suggestibility (low, high) varied across experts. Experts were very willing to testify, but more so for the prosecution than the defense when interview suggestibility was low and vice versa when interview suggestibility was high. Experts' anticipated testimony focused more on pro-defense aspects of the police interview and child's memory overall (negativity bias), but favored retaining party only when interview suggestibility was low. Unlike prosecution-retained experts who shifted their focus from pro-defense aspects of the case in the high suggestibility interview to pro-prosecution aspects in the low suggestibility interview, defense experts did not. Blind raters' perceptions of expert focus mirrored those findings. Despite an initial bias toward retaining party, experts' evaluations of child victim accuracy and interview quality were lower in the high versus low interview suggestibility condition only. Our data suggest that adversarial allegiance exists, that it can (but not always) influence how experts process evidence, and that it may be more likely in cases involving evidence that is not blatantly flawed. Defense experts may evaluate this type of evidence more negatively than prosecution experts due to negativity bias and positive testing strategies associated with confirmation bias. PMID:27243362

Expert Testimony, "Regular People," and Public Values: Arguing Common Sense at a Death Penalty Trial.

ERIC Educational Resources Information Center

Chappell, Virginia A.

1995-01-01

Presents a case study of a particular courtroom case dealing with the death penalty. Analyzes the processes and communications of the trial jury. Discusses the interplay of common-sense and expert claims at three crucial stages of the trial. (HB)

Individual versus group decision making: Jurors’ reliance on central and peripheral information to evaluate expert testimony

PubMed Central

Bottoms, Bette L.; Peter-Hagene, Liana C.

2017-01-01

To investigate dual-process persuasion theories in the context of group decision making, we studied low and high need-for-cognition (NFC) participants within a mock trial study. Participants considered plaintiff and defense expert scientific testimony that varied in argument strength. All participants heard a cross-examination of the experts focusing on peripheral information (e.g., credentials) about the expert, but half were randomly assigned to also hear central information highlighting flaws in the expert’s message (e.g., quality of the research presented by the expert). Participants rendered pre- and post-group-deliberation verdicts, which were considered “scientifically accurate” if the verdicts reflected the strong (versus weak) expert message, and “scientifically inaccurate” if they reflected the weak (versus strong) expert message. For individual participants, we replicated studies testing classic persuasion theories: Factors promoting reliance on central information (i.e., central cross-examination, high NFC) improved verdict accuracy because they sensitized individual participants to the quality discrepancy between the experts’ messages. Interestingly, however, at the group level, the more that scientifically accurate mock jurors discussed peripheral (versus central) information about the experts, the more likely their group was to reach the scientifically accurate verdict. When participants were arguing for the scientifically accurate verdict consistent with the strong expert message, peripheral comments increased their persuasiveness, which made the group more likely to reach the more scientifically accurate verdict. PMID:28931011

The expert witness in medical malpractice litigation: through the looking glass.

PubMed

Johnston, James C; Sartwelle, Thomas P

2013-04-01

Neurologists have professional, ethical, and social obligations to ensure that expert witness testimony is reliable, objective, and truthful. In the past, an absence of professional regulatory oversight combined with immunity from civil litigation allowed the partisan expert to flourish. This is no longer the case. The expert witness unquestionably faces an increasingly perilous liability climate, and must be cognizant of the legal rules and procedures. The authors provide guidelines with risk management strategies for the neurologist serving as an expert witness.

Scientists in the courtroom: basic pointers for the expert scientific witness.

PubMed Central

Eaton, D L; Kalman, D

1994-01-01

The need for expert and unbiased participation in legal proceedings by physicians, industrial hygienists, toxicologists, environmental scientists, regulators, and similar professionals is hampered by lack of familiarity with the requirements of expert testimony and lack of opportunities for professional training in this activity. Drawing on material developed in a continuing education course offered by the University of Washington, we describe the role and process of being an expert witness and provide basic information regarding good professional practices pertaining to the testifying expert role. PMID:7895706

Child Care Needs of Low-Income Families. Hearing before the Subcommittee on Public Assistance and Unemployment Compensation of the Committee on Ways and Means. House of Representatives, One Hundredth Congress, Second Session.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on Ways and Means.

The purpose of this hearing was to review the current sources of funding for child care and to consider how best to meet the child care needs of poor working families. Twelve legislators and expert witnesses presented oral testimony and four others submitted written testimony. Most witnesses stated their position on the following proposed…

Science In The Courtroom: The Impact Of Recent US Supreme Court Decisions

NASA Astrophysics Data System (ADS)

Poulter, Susan

2000-03-01

Most physicists' work is far removed from the courtroom, but the principles of physics are important to a number of legal controversies. Several recent lawsuits have claimed that cellular phones cause brain cancer. And litigation over claims that electromagnetic fields cause other cancers has even more important implications for society. The problem of how to distinguish good science from bad in the courtroom has vexed lawyers and scientists alike for many years, and finally drew the attention of the United States Supreme Court in 1993. The Court has now issued three opinions on the standards for screening expert testimony, which require trial judges to evaluate scientific expert witnesses to determine if their testimony is reliable. How well are the new standards working? Is the judicial system doing any better at screening out junk science? This session will discuss how the Supreme Court's opinions are being applied and suggest several strategies, including the use of court appointed experts, that are being implemented to improve the process further.

Medicolegal Issues in Traumatic Brain Injury.

PubMed

Zasler, Nathan D; Bigler, Erin

2017-05-01

The role of the physiatrist in provision of medicolegal expert testimony in cases involving traumatic brain injury is challenging and complex. This article provides an overview of how such work should be conducted from a practical perspective including discussion of ethical, legal, medical, and business aspects of such activities. Additionally, pointers are provided with regards to how information including preinjury, injury, and postinjury (including neuroimaging and neuropsychological data) should be considered and integrated into medicolegal opinions and testimony. Copyright © 2016 Elsevier Inc. All rights reserved.

Forensic Accounting and Auditing: Compared and Contrasted to Traditional Accounting and Auditing

ERIC Educational Resources Information Center

Gray, Dahli

2008-01-01

Forensic versus traditional accounting and auditing are compared and contrasted. Evidence gathering is detailed. Forensic science and fraud symptoms are explained. Criminalists, expert testimony and corporate governance are presented.

49 CFR 511.44 - Expert witnesses.

Code of Federal Regulations, 2014 CFR

2014-10-01

... peculiar knowlege concerning the matter of science or skill to which his or her testimony relates and from which he or she may draw inferences based upon hypothetically stated facts or from facts involving...

49 CFR 511.44 - Expert witnesses.

Code of Federal Regulations, 2012 CFR

2012-10-01

... peculiar knowlege concerning the matter of science or skill to which his or her testimony relates and from which he or she may draw inferences based upon hypothetically stated facts or from facts involving...

49 CFR 511.44 - Expert witnesses.

Code of Federal Regulations, 2011 CFR

2011-10-01

... peculiar knowlege concerning the matter of science or skill to which his or her testimony relates and from which he or she may draw inferences based upon hypothetically stated facts or from facts involving...

49 CFR 511.44 - Expert witnesses.

Code of Federal Regulations, 2013 CFR

2013-10-01

... peculiar knowlege concerning the matter of science or skill to which his or her testimony relates and from which he or she may draw inferences based upon hypothetically stated facts or from facts involving...

49 CFR 511.44 - Expert witnesses.

Code of Federal Regulations, 2010 CFR

2010-10-01

... peculiar knowlege concerning the matter of science or skill to which his or her testimony relates and from which he or she may draw inferences based upon hypothetically stated facts or from facts involving...

28 CFR 0.85 - General functions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... fingerprints and identification records from criminal justice and other governmental agencies, including fingerprints voluntarily submitted by individuals for personal identification purposes; provide expert testimony in Federal, State and local courts as to fingerprint examinations; and provide fingerprint...

28 CFR 0.85 - General functions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... fingerprints and identification records from criminal justice and other governmental agencies, including fingerprints voluntarily submitted by individuals for personal identification purposes; provide expert testimony in Federal, State and local courts as to fingerprint examinations; and provide fingerprint...

28 CFR 0.85 - General functions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... fingerprints and identification records from criminal justice and other governmental agencies, including fingerprints voluntarily submitted by individuals for personal identification purposes; provide expert testimony in Federal, State and local courts as to fingerprint examinations; and provide fingerprint...

28 CFR 0.85 - General functions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... fingerprints and identification records from criminal justice and other governmental agencies, including fingerprints voluntarily submitted by individuals for personal identification purposes; provide expert testimony in Federal, State and local courts as to fingerprint examinations; and provide fingerprint...

Problems and Issues in Long-Term Care. Hearings before the Subcommittee on Health and the Environment of the Committee on Energy and Commerce. House of Representatives, Ninety-Ninth Congress. Long-Term Care Services for the Elderly (October 18, 1985) and Alzheimer's Disease and Related Disorders (January 27, 1986).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on Energy and Commerce.

This document provides testimony from two Congressional hearings, one on the subject of long-term care services for the elderly and the other on Alzheimer's disease and related disorders. In the hearing on long-term care, opening remarks are given by Congressmen Waxman and Wyden. Expert testimony from the following witnesses is provided: (1)…

Confessions and expert testimony.

PubMed

Weiss, Kenneth J

2003-01-01

In this clinical paper, the author discusses criminal confessions from the point of view of the expert witness who may be asked to comment on the reliability of the statement and waiver of rights. From the time a suspect is in police custody, constitutional protections against self-incrimination and for due process are in place. The Supreme Court set the standard for these situations in the 1966 Miranda v. Arizona decision. Although it has long been criticized by law enforcement, the decision was upheld in the 2000 decision in Dickerson v. U.S. For a waiver of rights to be valid, it must be a knowing, intelligent, and voluntary decision. Voluntariness is an equation of objective and subjective variables. Treatment by police, physical conditions of interrogation, the suspect's experience and mental state can alter the reliability of a confession. Accordingly, the author has devised a mnemonic for the recognition of conditions that may give rise to expert testimony. The conditions are: Mental illness, Intoxication, Retardation, Acquiescence, Narcotic withdrawal, Deception, and Abuse. These are discussed, supported by examples from the author's practice.

The Tobacco Deposition and Trial Testimony Archive (DATTA) project: origins, aims, and methods

PubMed Central

Davis, Ronald M; Douglas, Clifford E; Beasley, John K

2006-01-01

Research on previously secret tobacco industry documents has grown substantially during the past decade, since these documents first became available as the result of private and governmental litigation and investigations by the US Congress and the US Food and Drug Administration. Complementary research on tobacco litigation testimony is now being conducted through the Tobacco Deposition and Trial Testimony Archive (DATTA) project. We obtained transcripts of depositions and trial testimony, deposition and trial exhibits, expert reports, and other litigation documents from law firms, court reporter firms, individual lawyers and witnesses, tobacco company websites, and other sources. As of 3 March 2006, the publicly available collection of DATTA (http://tobaccodocuments.org/datta) contained 4850 transcripts of depositions and trial testimony, including a total of about 820 000 transcript pages. Transcripts covered testimony from 1957 to 2005 (85% were for testimony from 1990 to 2005) given by more than 1500 witnesses in a total of 232 lawsuits. Twelve research teams were established to study the transcripts, with each team covering a particular topic (for example, the health consequences of tobacco use, addiction and pharmacology, tobacco advertising and promotion, tobacco‐product design and manufacture, economic impact of tobacco use, youth initiation of tobacco use, and public understanding of the risks of tobacco use and exposure to second‐hand smoke). The teams used qualitative research methods to analyse the documents, and their initial findings are published throughout this journal supplement. PMID:17130623

[Rethinking criminal responsibility: practical application of operational diagnosis and gnostic into expert testimony].

PubMed

Okada, Takayuki

2005-01-01

There had been argument concerning the difference between the agnostic approach and the gnostic approach to the psychiatric perspective of criminal responsibility until the landmark ruling by the 3rd court of the Japanese Supreme Court in 1984. The decision upheld the gnostic approach and affirmed that the defendant's criminal responsibility should be based on such factors as psychopathology, motive, modus operandi, situation surrounding the crime, and pre-morbid personality, as long as the offense was not directly motivated by the delusion or hallucination. The gnostic explanation includes so many various factors that the psychiatric testimony cannot easily be objective, while agnostic experts can find a conclusion about criminal responsibility only by psychiatric diagnosis. To establish a standard, the authors summarized the means of determination of criminal responsibility. The authors also discussed various topics related to criminal responsibility including Asperger's syndrome, illicit drug intoxication, and prescribed drug intoxication.

44 CFR 68.9 - Admissible evidence.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Admissible evidence. 68.9 Section 68.9 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF... admissible. (b) Documentary and oral evidence shall be admissible. (c) Admissibility of non-expert testimony...

42 CFR 426.440 - Evidence.

Code of Federal Regulations, 2012 CFR

2012-10-01

... testimony of expert witnesses on scientific and clinical issues, rebuttal witnesses, and other relevant... party to the proceeding, or the reports will be excluded from the record. (f) Except as set forth in... other evidence offered or taken for the record are open to examination by all parties. ...

42 CFR 426.440 - Evidence.

Code of Federal Regulations, 2014 CFR

2014-10-01

... testimony of expert witnesses on scientific and clinical issues, rebuttal witnesses, and other relevant... party to the proceeding, or the reports will be excluded from the record. (f) Except as set forth in... other evidence offered or taken for the record are open to examination by all parties. ...

The need for tort reform as part of health care reform.

PubMed

Thornton, Tiffany; Saha, Subrata

2008-01-01

There is no doubt about the need for tort reform. The current state of the legal system imposes great costs on the U.S. health care system and society in general-an astounding $865 billion each year. Physicians are forced to practice defensive medicine to protect themselves from litigation. Caps on non-economic damages have helped reduce malpractice insurance rates and encouraged young physicians to pursue specialties such as obstetrics. Collective insurance pools and national insurance programs for physicians and hospitals are some options that other countries employ to reduce malpractice rates. Regulation of expert testimony by medical societies would curb false or biased testimony. Other recommendations to improve the tort system include establishing expert health courts similar to those that currently exist for tax and patent law, using mediation, creating patient compensation funds, making acknowledgment of errors inadmissible in court, providing certificates of merit or pretrial screening panels to confirm the validity of lawsuits, and developing treatment contracts. Clearly some action must be taken to amend our current wasteful tort system.

An Analysis of Malpractice Litigation and Expert Witnesses in Plastic Surgery

PubMed Central

Therattil, Paul J.; Chung, Stella; Sood, Aditya; Granick, Mark S.

2017-01-01

Objective: Expert witness testimony is crucial for juror decision making. The goals of this study were to examine the trends in malpractice litigation in plastic surgery and to examine the characteristics of expert witnesses in litigation. Methods: The Westlaw legal database was queried for jury verdict and settlement reports related to plastic surgery cases from 2009 to 2015. Cases were examined for expert witness testimony, procedure performed, alleged injury, cause of action, verdict, and indemnity payments. Results: Ninety-three relevant cases were examined. Mean plaintiff award was $1,036,469, whereas mean settlement was $633,960. The most commonly litigated procedures involved breast surgery (34.4%), liposuction (18.3%), and body contouring (14.0%). Cases involving body contouring (risk ratio [RR] = 1.48; 95% CI, 1.04-2.10) were more likely to result in favor of the defendant, whereas cases involving breast surgery (RR = 0.27; 95% CI, 0.13-0.57) were more likely to result in favor of the plaintiff (P < .05). Cases in which there was claimed pain (RR = 1.22; 95% CI, 1.01-1.48) or emotional distress (RR = 1.38; 95% CI, 1.11-1.70) were more likely to result in favor of the plaintiff (P < .05). The party of a lawsuit was more likely to win the case if its expert witness was a plastic surgeon (P < .05). Conclusion: Plastic surgery litigation tends to favor defendants. Most litigation involves breast surgery, liposuction, and body contouring. The type of procedure and alleged claim affect case success. Parties with a plastic surgeon as an expert witness tend to be more successful in litigation. PMID:29062461

Epistemic Internalism and Critical Literacy: A Path to Student Autonomy.

ERIC Educational Resources Information Center

Hyslop-Margison, Emery J.; Margison, Judith A.

Whereas the locus of understanding in internalism lies in the knowing subject, externalist models of justification readily accept knowledge claims on the basis of expert testimony or appeals to authority. This paper does not challenge the general legitimacy of externalist arguments outlining the sometimes impractical consequences of holding an…

State Solar Technical Assistance | State, Local, and Tribal Governments |

Science.gov Websites

NREL State Solar Technical Assistance State Solar Technical Assistance Request Assistance Subscribe to Email Updates NREL provides direct technical assistance to state and local governments on expert testimony on policy best practices. The Solar Technical Assistance Team (STAT) Network is designed

A College Health Center.

ERIC Educational Resources Information Center

Bard, Bernard

This report considers problems and solutions related to the design and establishment of college health facilities. This includes the results of a study involving Colorado, Knox, and Wittenberg Colleges in which personal visits and expert testimony concluded that the health services of small colleges in the central and western states were seriously…

A COLLEGE HEALTH CENTER.

ERIC Educational Resources Information Center

BRAD, BERNARD

THIS REPORT CONSIDERS PROBLEMS AND SOLUTIONS RELATED TO THE DESIGN AND ESTABLISHMENT OF COLLEGE HEALTH FACILITIES. THIS INCLUDES THE RESULTS OF A STUDY INVOLVING COLORADO, KNOX, AND WITTENBERG COLLEGES IN WHICH PERSONAL VISITS AND EXPERT TESTIMONY CONCLUDED THAT THE HEALTH SERVICES OF SMALL COLLEGES IN THE CENTRAL AND WESTERN STATES WERE SERIOUSLY…

Managing a Standards Collection in an Engineering Consulting Firm.

ERIC Educational Resources Information Center

Hamilton, Beth A.

1983-01-01

Summarizes efforts to identify, acquire, and organize a standards collection, with emphasis on provision of information services to staff and clientele of the Forensic Engineering and Science Center, Triodyne, Inc., who provide expert testimony in court cases involving accidents caused by defective products and equipment failures. References are…

42 CFR 426.540 - Evidence.

Code of Federal Regulations, 2014 CFR

2014-10-01

... testimony of expert witnesses on scientific and clinical issues, rebuttal witnesses, and other relevant... Board or a party to the proceeding, or the report will be excluded from the record. (f) Except as set..., all documents and other evidence offered or taken for the record is open to examination by all parties. ...

42 CFR 426.540 - Evidence.

Code of Federal Regulations, 2012 CFR

2012-10-01

... testimony of expert witnesses on scientific and clinical issues, rebuttal witnesses, and other relevant... Board or a party to the proceeding, or the report will be excluded from the record. (f) Except as set..., all documents and other evidence offered or taken for the record is open to examination by all parties. ...

38 CFR 14.808 - Expert or opinion testimony.

Code of Federal Regulations, 2010 CFR

2010-07-01

... appropriate authority that, in light of the factors listed in § 14.804, there are exceptional circumstances... official of such order. If the responsible VA official determines that no further legal review of or..., however, the affected VA personnel shall respectfully decline to comply with the demand, request or order...

Digital and multimedia forensics justified: An appraisal on professional policy and legislation

NASA Astrophysics Data System (ADS)

Popejoy, Amy Lynnette

Recent progress in professional policy and legislation at the federal level in the field of forensic science constructs a transformation of new outcomes for future experts. An exploratory and descriptive qualitative methodology was used to critique and examine Digital and Multimedia Science (DMS) as a justified forensic discipline. Chapter I summarizes Recommendations 1, 2, and 10 of the National Academy of Sciences (NAS) Report 2009 regarding disparities and challenges facing the forensic science community. Chapter I also delivers the overall foundation and framework of this thesis, specifically how it relates to DMS. Chapter II expands on Recommendation 1: "The Promotion and Development of Forensic Science," and focuses chronologically on professional policy and legislative advances through 2014. Chapter III addresses Recommendation 2: "The Standardization of Terminology in Reporting and Testimony," and the issues of legal language and terminology, model laboratory reports, and expert testimony concerning DMS case law. Chapter IV analyzes Recommendation 10: "Insufficient Education and Training," identifying legal awareness for the digital and multimedia examiner to understand the role of the expert witness, the attorney, the judge and the admission of forensic science evidence in litigation in our criminal justice system. Finally, Chapter V studies three DME specific laboratories at the Texas state, county, and city level, concentrating on current practice and procedure.

Viewing videotaped identification procedure increases juror sensitivity to single-blind photo-array administration.

PubMed

Modjadidi, Karima; Kovera, Margaret Bull

2018-06-01

We investigated whether watching a videotaped photo array administration or expert testimony could sensitize jurors to the suggestiveness of single-blind eyewitness identification procedures. Mock jurors recruited from the community (N = 231) watched a videotaped simulation of a robbery trial in which the primary evidence against the defendant was an eyewitness identification. We varied whether the witness made an identification from a single- or double-blind photo array, the evidence included a videotape of the photo array procedure, and an expert testified about the effects of single-blind identification procedures on administrators' behaviors and witness accuracy. Watching the videotaped photo array administration sensitized mock jurors to the suggestiveness of the single-blind procedure, causing them to be less likely to convict a defendant identified through single-rather than double-blind procedures. Exposure to the videotaped procedure also decreased the favorability of mock jurors' ratings of the eyewitness, irrespective of whether the lineup was conducted by a single-blind administrator. Expert testimony did not sensitize jurors to administrator bias. Thus, videotaping identification procedures could serve as an important procedural reform that both preserves a record of whether the lineup administration was suggestive and might improve jurors' evaluations of eyewitness evidence. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

A Comparison of Defense and Plaintiff Expert Witnesses in Orthopaedic Surgery Malpractice Litigation.

PubMed

Park, Howard Y; Zoller, Stephen D; Sheppard, William L; Hegde, Vishal; Smith, Ryan A; Borthwell, Rachel M; Clarkson, Samuel J; Hamad, Christopher D; Proal, Joshua D; Bernthal, Nicholas M

2018-06-06

According to the American Academy of Orthopaedic Surgeons (AAOS) Standards of Professionalism, the responsible testimony of expert witnesses in orthopaedic surgery malpractice lawsuits is important to the public interest. However, these expert witnesses are recruited and compensated without established standards, and their testimony can potentially sway court opinion, with substantial consequences. The objective of this study was to characterize defense and plaintiff expert orthopaedic surgeon witnesses in orthopaedic surgery malpractice litigation. Utilizing the WestlawNext legal database, defense and plaintiff expert witnesses involved in orthopaedic surgery malpractice lawsuits from 2013 to 2017 were identified. Each witness's subspecialty, mean years of experience, involvement in academic or private practice, fellowship training, and scholarly impact, as measured by the Hirsch index (h-index), were determined through a query of professional profiles, the Scopus database, and a PubMed search. Statistical comparisons were made for each parameter among defense and plaintiff expert witnesses. Between 2013 and 2017, 306 expert medical witnesses for orthopaedic cases were identified; 174 (56.9%) testified on behalf of the plaintiff, and 132 (43.1%) testified on behalf of the defense. Orthopaedic surgeons who identified themselves as general orthopaedists comprised the largest share of expert witnesses on both the plaintiff (n = 61) and defense (n = 25) sides. The plaintiff witnesses averaged 36 years of experience versus 31 years for the defense witnesses (p < 0.001); 26% of the plaintiff witnesses held an academic position versus 43% of the defense witnesses (p = 0.013). Defense witnesses exhibited a higher proportion of fellowship training in comparison to plaintiff expert witnesses (80.5% versus 64.5%, respectively, p = 0.003). The h-index for the plaintiff group was 6.6 versus 9.1 for the defense group (p = 0.04). Two witnesses testified for both the plaintiff and defense sides. Defense expert witnesses held higher rates of academic appointments and exhibited greater scholarly impact than their plaintiff counterparts, with both sides averaging >30 years of experience. These data collectively show that there are differences in characteristics between plaintiff and defense witnesses. Additional study is needed to illuminate the etiology of these differences.

Children's Memory for Their Mother's Murder: Accuracy, Suggestibility, and Resistance to Suggestion.

PubMed

McWilliams, Kelly; Narr, Rachel; Goodman, Gail S; Ruiz, Sandra; Mendoza, Macaria

2013-01-31

From its inception, child eyewitness memory research has been guided by dramatic legal cases that turn on the testimony of children. Decades of scientific research reveal that, under many conditions, children can provide veracious accounts of traumatic experiences. Scientific studies also document factors that lead children to make false statements. In this paper we describe a legal case in which children testified about their mother's murder. We discuss factors that may have influenced the accuracy of the children's eyewitness memory. Children's suggestibility and resistance to suggestion are illustrated. Expert testimony, based on scientific research, can aid the trier of fact when children provide crucial evidence in criminal investigations and courtroom trials about tragic events.

Future of American oil: the experts testify. [Fourteen professors, economists, ang financial experts

DOE Office of Scientific and Technical Information (OSTI.GOV)

Wyman, H. Jr.; Markun, P.M.

In this volume, the American Petroleum Institute has gathered from the record the Congressional testimony of fourteen authorities on two burning issues that deeply affect the petroleum industry. One is a bill to legalize divestiture/dismemberment of integrated oil companies of the United States--to limit these companies to just one aspect of petroleum development: exploration/production, transportation, refining, or marketing. The other proposal would prevent the oil companies, the nation's most experienced energy producers, from participating in developing other sources of energy. Ten testimonies on vertical divestiture are included: Legal Consequences of Dismemberment, Bator, Peter A.; The Energy Crisis and the Oilmore » Industry, Erickson, Edward W.; The Effect of Petroleum Divestiture on Price and Supply, Friedman, Barry A.; Twenty Years of Chaos, Gary, Raymond B.; International Aspects of Divestiture, Jacoby, Neil H.; Competition in the Petroleum Industry, Mancke, Richard B.; The Case for Vertical Integration, Mitchell, Edward J.; Pipelines: The Cost of Capital, Myers, Stewart C.; Vertical Integration into Oil Pipelines, Swenson, Gary L.; and Financing the Oil Industry, Wilson, Wallace W. Six testimonials on horizontal divestiture are entitled: Public Policy and the Monopoly Myth, Erickson, Edward W.; Justice Looks at Energy Diversification, Kauper, Thomas E.; Horizontal Diversification by Oil Companies, Moore, Thomas Gale; Oil Companies in the Coal Industry, Moyer, Reed; Oil Companies in the Uranium Industry, Ray, Dixy Lee; and Who's Mining the Coal, Wilson, Wallace W. (MCW)« less

The fitness of the mental patient to be a witness.

PubMed

Maizel, S; Abramowitz, M Z; Itzchaky, S; Mester, R; Knobler, H Y

2001-01-01

The determination of whether a patient has criminal responsibility or is able to stand trial is routine psychiatric work. Cases in which we- psychiatrists- are asked to express our opinion on whether a patient can testify, however, are quite rare. We shall attempt to clarify some of the issues relating to the testimony of mentally ill patients through a case presentation. In this case, the Court agreed to consider our patient's testimony, only after receiving our expert opinion. We find that the Court's reversal of its original decision and its willingness to consider the testimony of a mental patient in the same trial in which he was initially found unable to stand trial, marks an important precedent. The question of the credibility of the mental patient as a witness has significance beyond this case concerning mental patients' rights in regard to the judicial system. We believe there is a need for further discussion between psychiatrists andjurists regarding the fitness of the mental patient to testify as a witness.

The Primary Program: Report from the Task Force on Improving Kentucky Schools.

ERIC Educational Resources Information Center

Prichard Committee for Academic Excellence, Lexington, KY.

Because the primary years are the point where specific changes are required in teaching practice and school organization, a task force examined Kentucky's primary program through school visits, interviews, expert testimony, and research. The last three years have shown marked improvement in student performance in the basics (reading, writing, and…

42 CFR 1004.40 - Action on identification of a violation.

Code of Federal Regulations, 2010 CFR

2010-10-01

... additional information or a written request for a meeting with the QIO to review and discuss the finding, or... practitioner or other person in presenting the testimony of expert witnesses who may appear on the practitioner... finding except for QIO deliberations, as set forth in § 476.139 of this part. ...

Diversity and Affirmative Action: The State of Campus Opinion

ERIC Educational Resources Information Center

Rothman, Stanley; Lipset, S. M.; Nevitte, Neil

2002-01-01

In December 2000, a U.S. District Court judge ruled that the University of Michigan could provide preference in admission policies to minority students. He relied partly on expert social science testimony, which concluded that such policies advance racial and ethnic diversity and improve the education of all students, not just the minority…

Forensic Impact of the Child Sexual Abuse Medical Examination.

ERIC Educational Resources Information Center

Myers, John E. B.

1998-01-01

This commentary on an article (EC 619 279) about research issues at the interface of medicine and law concerning medical evaluation for child sexual abuse focuses on empirically testable questions: (1) the medical history--its accuracy, interviewing issues, and elicitation and preservation of verbal evidence of abuse; and, (2) expert testimony.…

Forensic Linguistics: The Linguistic Analyst and Expert Witness of Language Evidence in Criminal Trials.

ERIC Educational Resources Information Center

Jordan, Sherilynn Nidever

Forensic linguistics (FL) provides consultation to lawyers through the analysis of language evidence during the pre-trial investigation. Evidence commonly analyzed by linguists in criminal cases includes transcripts of police interviews and language crimes (such as bribery) and anonymous or questioned texts. Forensic linguistic testimony is rarely…

People vs. Collins: Statistics as a Two-Edged Sword

ERIC Educational Resources Information Center

McGivney-Burelle, Jean; McGivney, Katherine; McGivney, Ray

2006-01-01

Real-life applications of the use (and misuse) of mathematics invariably pique students' interest. This article describes a legal case in California that occurred in the 1960s in which a couple was convicted of robbery, in part, based on the expert testimony of a statistics instructor. On appeal, the judge noted several mathematical errors in this…

22 CFR 172.7 - Procedure in the event of an adverse ruling.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Procedure in the event of an adverse ruling. 172.7 Section 172.7 Foreign Relations DEPARTMENT OF STATE ACCESS TO INFORMATION SERVICE OF PROCESS... FEDERAL OR STATE LITIGATION; EXPERT TESTIMONY § 172.7 Procedure in the event of an adverse ruling. If the...

22 CFR 172.7 - Procedure in the event of an adverse ruling.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Procedure in the event of an adverse ruling. 172.7 Section 172.7 Foreign Relations DEPARTMENT OF STATE ACCESS TO INFORMATION SERVICE OF PROCESS... FEDERAL OR STATE LITIGATION; EXPERT TESTIMONY § 172.7 Procedure in the event of an adverse ruling. If the...

Rating reliability and representation validity in scenic landscape assessments

Treesearch

James F. Palmer; Robin E. Hoffman

2001-01-01

The US Supreme Court recently determined that experts from all fields of knowledge must demonstrate the reliability and validity of their testimony. While the broader implications of their finding have yet to manifest itself, it clearly has the potential to challenge all manner of professional practices. This paper explores the reliability of visual quality ratings of...

Neuropsychologist experts and neurolaw: cases, controversies, and admissibility challenges.

PubMed

Kaufmann, Paul M

2013-01-01

Clinical neuropsychologists engage increasingly in forensic consulting activities because such expert opinions are generally relevant, reliable and helpful in resolving certain legal claims, especially those related to traumatic brain injury. Consequently, practitioners of law, medicine and psychology would benefit from understanding the nature of neuropsychological evidence, the standards for its admissibility, and its expanding role in neurolaw. This article reviews important evidentiary rules regulating relevance, preliminary questions, and expert testimony, while tracing federal key court decisions and progeny. Civil and criminal cases are detailed to illustrate the application of these rules and case law to neuropsychological evidence, with suggestions for overcoming motions to exclude such evidence. Expert neuropsychologists have a role in forensic consultation on brain trauma cases, even as the interdisciplinary dialog and understanding among law, medicine, and psychology continues to expand. Copyright © 2013 John Wiley & Sons, Ltd.

The Roles of Intuition and Informants' Expertise in Children's Epistemic Trust.

PubMed

Lane, Jonathan D; Harris, Paul L

2015-01-01

This study examined how children's intuitions and informants' expertise influence children's trust in informants' claims. Three- to 8-year-olds (N = 192) watched videos in which experts (animal/biology experts or artifact/physics experts) made either intuitively plausible or counterintuitive claims about obscure animals or artifacts. Claims fell either within or beyond experts' domains of expertise. Children of all ages were more trusting of claims made by informants with relevant, as opposed to irrelevant, expertise. Children also showed greater acceptance of intuitive rather than counterintuitive claims, a differentiation that increased with age as they developed firmer intuitions about what can ordinarily happen. In summary, children's trust in testimony depends on whether informants have the relevant expertise as well as on children's own developing intuitions. © 2014 The Authors. Child Development © 2014 Society for Research in Child Development, Inc.

Forensic neuropsychology and expert witness testimony: An overview of forensic practice.

PubMed

Leonard, Elizabeth L

2015-01-01

Neuropsychologists are frequently asked to serve as expert witnesses in an increasing number of legal contexts for civil and criminal proceedings. The skills required to practice forensic neuropsychology expand upon the knowledge, skills, and abilities developed by clinical neuropsychologists. Forensic neuropsychologists acquire expertise in understanding the roles and various functions of the legal system, as well as their role in addressing psycholegal questions to assist fact finders in making legal decisions. The required skills and the unique circumstances for clinical neuropsychologists pursing forensic work are reviewed. Copyright © 2015 Elsevier Ltd. All rights reserved.

["An Italian Court recognizes the occupational origin of a trigeminal neuroma in a mobile telephone user: a case-study of the complex relationships between science and laws"].

PubMed

Lagorio, Susanna; Vecchia, P

2011-01-01

Scientific knowledge is essential for the resolution of disputes in law and administrative applications (such as toxic tort litigation and workers' compensation) and provides essential input for public policy decisions. There are no socially agreed-upon rules for the application of this knowledge except in the law. On a practical level, the legal system lacks the ability to assess the validity of scientific knowledge that can be used as evidence and therefore relies heavily on expert opinion. A key issue is how to ensure that professionals in any field provide judges with sound advice, based on relevant and reliable scientific evidence. The search for solutions to this problem seems particularly urgent in Italy, a country where a number of unprecedented verdicts of guilt have been pronounced in trials involving personal injuries from exposure to electromagnetic fields. An Italian Court has recently recognized the occupational origin of a trigeminal neuroma in a mobile telephone user, and ordered the Italian Workers' Compensation Authority (INAIL) to award the applicant compensation for a high degree (80%) of permanent disability. We describe and discuss the salient aspects of this sentence as a case-study in the framework of the use (and misuse) of scientific evidence in toxic-tort litigations. Based on the motivations of the verdict, it appears that the judge relied on seriously flawed expert testimonies. The "experts" who served in this particular trial were clearly inexperienced in forensic epidemiology in general, as well as in the topic at hand. Selective overviews of scientific evidence concerning cancer risks from mobile phone use were provided, along with misleading interpretations of findings from relevant epidemiologic studies (including the dismissal of the Interphone study results on the grounds of purported bias resulting from industry funding). The necessary requirements to proceed to causal inferences at individual level were not taken into account and inappropriate methods to derive estimates of personal risk were used. A comprehensive strategy to improve the quality of expert witness testimonies in legal proceedings and promote just and equitable verdicts is urgently needed in Italy. Contrary to other countries, such as the United States or the United Kingdom, legal standards for expert testimony, such as preliminary assessment of scientific evidence admissibility and qualification requirements for professionals acting as experts in the courtroom, are lacking in our country. In this and similar contexts, recommendations issued by professional associations (including EBEA and BEMS) could play a role of paramount importance. As examples, we refer to the guidelines recently endorsed by the UK General Medical Council and the American Academy of Pediatrics.

"Good and bad, I defined these terms, quite clear no doubt somehow": Neuroimaging and competency to be executed after Panetti.

PubMed

Perlin, Michael L

2010-01-01

There has been little consideration, in either the caselaw or the scholarly literature, of the potential impact of neuroimaging on cases assessing whether a seriously mentally disabled death row defendant is competent to be executed. The Supreme Court's 2007 decision in Panetti v. Quarterman significantly expanded its jurisprudence by ruling that such a defendant had a constitutional right to make a showing that his mental illness "obstruct[ed] a rational understanding of the State's reason for his execution." This article considers the impact of neuroimaging testimony on post-Panetti competency determination hearings, and looks at multiple questions of admissibility of evidence, adequacy of counsel, availability of expert assistance, juror attitudes, trial tactics, and application of the Daubert doctrine, and also considers the implications of the lesser-known Panetti holding (that enhances the role of expert witnesses in all competency-to-be-executed inquiries). It warns that the power of the testimony in question has the capacity to inappropriately affect fact-finders in ways that may lead "to outcomes that are both factually and legally inaccurate and constitutionally flawed." Copyright © 2010 John Wiley & Sons, Ltd.

The "Apollo" of Aeronautics: NASA's Aircraft Energy Efficiency Program, 1973-1987

NASA Technical Reports Server (NTRS)

Bowles, Mark D.

2010-01-01

In fall 1975, 10 distinguished United States Senators from the Aeronautical and Space Sciences Committee summoned a group of elite aviation experts to Washington, DC. The Senators were holding hearings regarding the state of the American airline industry, which was struggling in the wake of the 1973 Arab oil embargo and the dramatically increasing cost of fuel. Providing testimony were presidents or vice presidents of United Airlines, Boeing, Pratt & Whitney, and General Electric. Other witnesses included high-ranking officials from the National Aeronautics and Space Administration (NASA), the U.S. Air Force, and the American Institute of Aeronautics and Astronautics. Their Capitol Hill testimony painted a bleak economic picture, described in phrases that included immediate crisis condition, long-range trouble, serious danger, and economic dislocation.

Meanings & motives. Experts debating tobacco addiction.

PubMed

Mars, Sarah G; Ling, Pamela M

2008-10-01

Over the last 50 years, tobacco has been excluded from and then included in the category of addictive substances. We investigated influences on these opposing definitions and their application in expert witness testimony in litigation in the 1990s and 2000s. A scientist with ties to the tobacco industry influenced the selection of a definition of addiction that led to the classification of tobacco as a "habituation" in the 1964 Surgeon General's Advisory Committee report. Tobacco was later defined as addictive in the 1988 surgeon general's report. Expert witnesses for tobacco companies used the 1964 report's definition until Philip Morris Tobacco Company publicly changed its position in 1997 to agree that nicotine was addictive. Expert witnesses for plaintiffs suing the tobacco industry used the 1988 report's definition, arguing that new definitions were superior because of scientific advance. Both sides viewed addiction as an objective entity that could be defined more or less accurately.

MEANINGS & MOTIVES Experts Debating Tobacco Addiction

PubMed Central

Mars, Sarah G.

2008-01-01

Over the last 50 years, tobacco has been excluded from and then included in the category of addictive substances. We investigated influences on these opposing definitions and their application in expert witness testimony in litigation in the 1990s and 2000s. A scientist with ties to the tobacco industry influenced the selection of a definition of addiction that led to the classification of tobacco as a “habituation” in the 1964 Surgeon General's Advisory Committee report. Tobacco was later defined as addictive in the 1988 surgeon general's report. Expert witnesses for tobacco companies used the 1964 report's definition until Philip Morris Tobacco Company publicly changed its position in 1997 to agree that nicotine was addictive. Expert witnesses for plaintiffs suing the tobacco industry used the 1988 report's definition, arguing that new definitions were superior because of scientific advance. Both sides viewed addiction as an objective entity that could be defined more or less accurately. PMID:18703459

The Griffiths Question Map: A Forensic Tool For Expert Witnesses' Assessments of Witnesses and Victims' Statements.

PubMed

Dodier, Olivier; Denault, Vincent

2018-01-01

Expert witnesses are sometimes asked to assess the reliability of young witnesses and victims' statements because of their high susceptibility to memory biases. This technical note aims to highlight the relevance of the Griffiths Question Map (GQM) as a professional forensic tool to improve expert witnesses' assessments of young witnesses and victims' testimonies. To do so, this innovative question type assessment grid was used to proceed to an in-depth analysis of the interview of an alleged 13-year-old victim of a sexual assault and two rapes. Overall, the GQM stressed how the interview was mainly conducted in an inappropriate manner. The results are examined with regard to scientific knowledge on young witnesses and victims' memory. Finally, it is argued that expert witnesses in inquisitorial systems might use the GQM while encountering difficulties to fulfill the legal standards for expert evidence in adversarial systems because of the lack of studies regarding its reliability. © 2017 American Academy of Forensic Sciences.

Children's Fears of War. Hearing before the Select Committee on Chilcren, Youth, and Families. House of Representatives, Ninety-Eighth Congress, First Session.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Select Committee on Children, Youth, and Families.

The hearing reported in this document was held to learn more about children's fears of war. Appearing before the committee were doctors, researchers, and child development experts whose testimony focused on what children worry about, the changing nature of children's fears of war, and the implications of children's attitudes for parents and…

JPRS Report, Political Affairs.

DTIC Science & Technology

1990-09-14

when he has man- aged to completely change the hall’s mind. One of the delegates even publicly asserted that the Secretary Gen- eral knows hypnosis ...Institute of Forensic Expert Testimony (TashNIISE); Rakhmankulov, Khodzhiakbar Rakhmankulovich, doctor of legal sciences, director, Uzbek SSR Academy of...approaching storm. There had to be strong hypnosis with complacency in order not to notice these. Even the newspaper which had sounded the alarm sub

Expert Witness: A system for developing expert medical testimony

NASA Technical Reports Server (NTRS)

Lewandowski, Raymond; Perkins, David; Leasure, David

1994-01-01

Expert Witness in an expert system designed to assist attorneys and medical experts in determining the merit of medical malpractice claims in the area of obstetrics. It substitutes the time of the medical expert with the time of a paralegal assistant guided by the expert system during the initial investigation of the medical records and patient interviews. The product of the system is a narrative transcript containing important data, immediate conclusions from the data, and overall conclusions of the case that the attorney and medical expert use to make decisions about whether and how to proceed with the case. The transcript may also contain directives for gathering additional information needed for the case. The system is a modified heuristic classifier and is implemented using over 600 CLIPS rules together with a C-based user interface. The data abstraction and solution refinement are implemented directly using forward chaining production and matching. The use of CLIPS and C is essential to delivering a system that runs on a generic PC platform. The direct implementation in CLIPS together with locality of inference ensures that the system will scale gracefully. Two years of use has revealed no errors in the reasoning.

Children and Guns. Hearing before the Select Committee on Children, Youth, and Families. House of Representatives, One Hundred First Congress, First Session.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Select Committee on Children, Youth, and Families.

Law enforcement officials, experts in public health, criminologists, educators, and youth offered testimony intended to help Congress understand the scope of the threat of guns and firearm violence to young people and the strains of the firearm problem on public and community services. A fact sheet points out that: (1) increasing numbers of youth…

Changing Economics in the South: Preparing Our Youth. Hearing before the Select Committee on Children, Youth, and Families. House of Representatives, One Hundredth Congress, First Session (Nashville, TN, April 24, 1987).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Select Committee on Children, Youth, and Families.

The House Select Committee on Children, Youth, and Families met in Nashville, Tennessee, to gather information on the education and employment futures of youth in the South. Testimony was heard from experts in education, training, and economic development. Organizations represented included universities in the region, adolescent dropout and…

Forensic psychiatric evaluations: an overview of methods, ethical issues, and criminal and civil assessments.

PubMed

Sher, Leo

2015-05-01

Forensic psychiatry is frequently defined as the branch of psychiatry that deals with issues arising in the interface between psychiatry and the law. Psychiatrists are called on by the legal system to provide testimony in a wide variety of cases, criminal and civil. In criminal cases, forensic psychiatrists may be asked to comment on the competence of a person to make decisions throughout all the phases of criminal investigation, trial, and punishment. These include the competence to stand trial, to plead guilty, to be sentenced, to waive appeal, and to be executed. In civil cases, forensic psychiatric experts are asked to evaluate a number of civil competences, including competence to make a will or contract or to make decisions about one's person and property. Psychiatrists are also called on to testify about many other issues related to civil cases. Forensic psychiatrists who work with children and adolescents are frequently involved in evaluations and testimonies concerning juvenile delinquency, child custody, termination of parental rights, and other issues. As such, forensic psychiatric experts have now developed into a reputable and well-known group of professionals. Forensic evaluation methods, ethical issues related to forensic psychiatric practice, and some common criminal and civil forensic psychiatric evaluations are discussed in this overview.

The adversarial court system and the expert medical witness: 'The truth the whole truth and nothing but the truth?'.

PubMed

Ryan, Matthew

2003-06-01

This discussion aims to provide the occasional medical expert witness with background knowledge of the adversarial court system and the role of the medical expert witness within it. The parallel evolution of the adversarial and inquisitorial legal systems has been more out of tradition rather than any systematic review of the effectiveness of one system or the other. Both legal systems have their merits and limitations. Witnesses within the adversarial system are required to present evidence in a structured and highly stylized format consisting of 'evidence in chief' followed by 'cross-examination'. This format is an attempt to exclude unreliable evidence. The medical witness is an 'expert' by means of specialized knowledge not possessed by the general public. This distinction allows the expert medical witness to offer his or her opinion as evidence. There remain several limitations to the expert's evidence and these relate to common knowledge, field of expertise and the 'ultimate issue'. The current practice of selection of expert medical witnesses is seriously flawed with several pressures operating to maximise bias and inaccurate testimony. Doctors should not only anticipate change in this area they should lead reform in this area.

Paradigms of forensic science and legal process: a critical diagnosis

PubMed Central

Roberts, Paul

2015-01-01

This article reconsiders the relationship between criminal adjudication and forensic expertise in the light of ‘new paradigms' of forensic practice and recent law reform. It briefly summarizes conventional wisdom on the typical shortcomings of forensic science and other expert evidence, as a springboard for a more searching critical diagnosis of longstanding maladies. The fundamentally jurisdictional nature of law is emphasized, and some implications for expert testimony noted. English law's traditionally adversarial model of criminal procedure is then reassessed, taking account of a proper understanding of its normative structure and modern development, and drawing on comparative legal research and theorizing to obtain a more rounded second opinion. In conclusion, some avenues for intelligent prescription are canvassed, highlighting the importance of promoting and facilitating effective communication between experts, lawyers and courts, and prioritizing modest practical remedies over radical surgery. PMID:26101282

Historians' testimony on “common knowledge” of the risks of tobacco use: a review and analysis of experts testifying on behalf of cigarette manufacturers in civil litigation

PubMed Central

Kyriakoudes, Louis M

2006-01-01

A qualitative analysis of the trial and deposition testimony of professional historians who have testified on behalf of the tobacco industry shows that defence historians present a view of past knowledge about tobacco in which the public was frequently warned that cigarettes were both deadly and addictive over the broad historical period. While defence historians testify to conducting significant levels of independent research, they also draw upon a common body of research conducted by industry counsel to support its litigation efforts. Defence historians unduly limit their research materials, ignoring industry records and, therefore, critically undermine their ability to evaluate industry activity in the smoking and health controversy as it unfolded in historical time. A consequence is that defence historians present a skewed history of the cigarette in which the tobacco industry all but ceases to exist. PMID:17130618

Novel shifts in memory research and their impact on the legal process: introduction to the special issue on memory formation and suggestibility in the legal process.

PubMed

Otgaar, Henry; Sauerland, Melanie; Petrila, John P

2013-01-01

The functioning and frailties of memory are frequently at the centerpiece of much expert testimony about the reliability of eyewitness accounts. Although we have much knowledge about how false memories and suggestibility can affect testimonies, the contributions in this special issue show that when using a sound theoretical framework, novel directions in this field can surface. The papers in this issue can broadly be divided into contributions that are related to: (1) the exact determinants of false memory and suggestibility; (2) new paradigms in legal psychology; (3) positive consequences of memory illusions; and (4) developmental false memory research. Collectively, these contributions have the potential to provide novel shifts in memory research and push this field beyond its current boundaries. Copyright © 2013 John Wiley & Sons, Ltd.

What People Believe about How Memory Works: A Representative Survey of the U.S. Population

PubMed Central

Simons, Daniel J.; Chabris, Christopher F.

2011-01-01

Incorrect beliefs about the properties of memory have broad implications: The media conflate normal forgetting and inadvertent memory distortion with intentional deceit, juries issue verdicts based on flawed intuitions about the accuracy and confidence of testimony, and students misunderstand the role of memory in learning. We conducted a large representative telephone survey of the U.S. population to assess common beliefs about the properties of memory. Substantial numbers of respondents agreed with propositions that conflict with expert consensus: Amnesia results in the inability to remember one's own identity (83% of respondents agreed), unexpected objects generally grab attention (78%), memory works like a video camera (63%), memory can be enhanced through hypnosis (55%), memory is permanent (48%), and the testimony of a single confident eyewitness should be enough to convict a criminal defendant (37%). This discrepancy between popular belief and scientific consensus has implications from the classroom to the courtroom. PMID:21826204

Educator of the Court: The Role of the Expert Witness in Cases Involving Autism Spectrum Disorder

PubMed Central

Berryessa, Colleen M.

2017-01-01

The role of the expert witness in legal contexts is to educate fact finders of the court who may have no background in the expert’s area. This role can be especially difficult for those who assist in cases involving individuals with Autism Spectrum Disorder (ASD). As expert assistance on ASD is crucial to ensuring just outcomes for individuals diagnosed with ASD, knowledge on how expert witnesses perceive and approach their roles, and what factors may influence these perceptions, is essential. This qualitative research utilizes semi-structured interviews with a sample of expert witnesses in cases involving ASD, analyzed using a grounded-theory constant comparative analytic approach. Data reveal that experts appear to view their roles in court as reconstructionists, educators, myth-dispellers, and most of all, communicators, actively using their testimony to fill these roles in cases. These results also allow for the development of a model that illustrates two areas that coalesce to affect how experts view their roles in court: (1) personal experiences of experts in cases in which they have been involved; and (2) influences outside experts’ personal experiences, such as their general opinions or observations regarding ASD and its relationship to the criminal justice system. PMID:28943746

Caring for New Mothers: Pressing Problems, New Solutions. Hearing before the Select Committee on Children, Youth, and Families. House of Representatives, One Hundred First Congress, First Session (October 24, 1989).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Select Committee on Children, Youth, and Families.

A hearing was held to consider problems women face in obtaining preventive care or early comprehensive prenatal care. Testimony concerned: (1) the Public Health Service Expert Panel's report on prenatal care; (2) Los Angeles' critical shortage of maternity care providers; (3) new research from Detroit that suggests that even when prenatal care is…

DoD-VA Health Care: A Case Study in Interagency Reform

DTIC Science & Technology

2008-03-10

Panel, and Ad-hoc Commission member testimony, experts and critics are now calling for legislation- much like the military transforming Goldwater...sweeping interagency reform (IAR).2 The timing for such legislation is critical as the Beyond Goldwater-Nichols (BG-N) Phase II Report aptly highlights...medicine is providing an additional incentive for the DoD and VA to collaborate. The BG-N Phase II Report acknowledges the importance of critical

A Domestic Priority: Overcoming Family Poverty in America. Hearing before the Select Committee on Children, Youth, and Families. House of Representatives, One Hundredth Congress, Second Session.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Select Committee on Children, Youth, and Families.

Although more Americans are working than ever before, economic and employment trends over the past decade have resulted in low-income families falling even farther below the poverty level than ever before. The purpose of this oversight hearing is to discuss strategies to overcome family poverty. Testimony was submitted by six expert witnesses in…

What defines an Expert? - Uncertainty in the interpretation of seismic data

NASA Astrophysics Data System (ADS)

Bond, C. E.

2008-12-01

Studies focusing on the elicitation of information from experts are concentrated primarily in economics and world markets, medical practice and expert witness testimonies. Expert elicitation theory has been applied in the natural sciences, most notably in the prediction of fluid flow in hydrological studies. In the geological sciences expert elicitation has been limited to theoretical analysis with studies focusing on the elicitation element, gaining expert opinion rather than necessarily understanding the basis behind the expert view. In these cases experts are defined in a traditional sense, based for example on: standing in the field, no. of years of experience, no. of peer reviewed publications, the experts position in a company hierarchy or academia. Here traditional indicators of expertise have been compared for significance on affective seismic interpretation. Polytomous regression analysis has been used to assess the relative significance of length and type of experience on the outcome of a seismic interpretation exercise. Following the initial analysis the techniques used by participants to interpret the seismic image were added as additional variables to the analysis. Specific technical skills and techniques were found to be more important for the affective geological interpretation of seismic data than the traditional indicators of expertise. The results of a seismic interpretation exercise, the techniques used to interpret the seismic and the participant's prior experience have been combined and analysed to answer the question - who is and what defines an expert?

Addressing challenges to MMPI-2-RF-based testimony: questions and answers.

PubMed

Ben-Porath, Yossef S

2012-11-01

Introduction of a new version of a psychological test brings with it challenges that can be accentuated by the adversarial nature of the legal process. In the case of the Minnesota Multiphasic Personality Inventory-2 Restructured Form (MMPI-2-RF), these challenges can be addressed by becoming familiar with the rationale for and the methods used in revising the inventory, the information contained in the test manuals, and the growing peer-reviewed literature on the test. Potential challenges to MMPI-2-RF-based testimony are identified in this article and discussed in question and answer format. The questions guiding this discussion are based on the Daubert factors, established in 1993 by the US Supreme Court as criteria for gauging the scientific validity of proffered expert testimony. The answers to these questions apply more broadly to testimony in depositions, pre-trial hearings, and at trial. Consideration of the MMPI-2-RF in light of the Daubert factors indicates that the instrument has been subjected to extensive empirical testing and that a substantial peer-reviewed literature is available to guide and support its use. Information about the known and potential rate of error associated with MMPI-2-RF scores is available, and standard procedures for administration, scoring, and interpretation of the inventory are detailed in the test administration manual. Indicators of MMPI-2-RF acceptance can be cited, and criticisms of the MMPI-2-RF can be addressed with information available in the test documents and an extensive, modern, and actively growing peer-reviewed literature.

Paradigms of forensic science and legal process: a critical diagnosis.

PubMed

Roberts, Paul

2015-08-05

This article reconsiders the relationship between criminal adjudication and forensic expertise in the light of 'new paradigms' of forensic practice and recent law reform. It briefly summarizes conventional wisdom on the typical shortcomings of forensic science and other expert evidence, as a springboard for a more searching critical diagnosis of longstanding maladies. The fundamentally jurisdictional nature of law is emphasized, and some implications for expert testimony noted. English law's traditionally adversarial model of criminal procedure is then reassessed, taking account of a proper understanding of its normative structure and modern development, and drawing on comparative legal research and theorizing to obtain a more rounded second opinion. In conclusion, some avenues for intelligent prescription are canvassed, highlighting the importance of promoting and facilitating effective communication between experts, lawyers and courts, and prioritizing modest practical remedies over radical surgery. © 2015 The Author(s) Published by the Royal Society. All rights reserved.

Teenage Prostitution and Child Pornography. Hearings before the Subcommittee on Select Education of the Committee on Education and Labor. House of Representatives, Ninety-Seventh Congress, Second Session (April 23 and June 24, 1982).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on Education and Labor.

This document contains the transcript of hearings on teenage prostitution and child pornography. The first day of the hearings focuses on the testimony of six witnesses who are experts in dealing with and combatting sexual abuse of children. Their remarks to the committee are transcribed and copies of their prepared statements are provided…

Workforce Training in a Time of Technological Change. Field Hearing before the Subcommittee on Environment, Technology, and Standards, Committee on Science. House of Representatives, One Hundred Seventh Congress, Second Session (June 24, 2002).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on Science.

This report presents the testimony and submissions given at a field hearing on workforce training in Michigan. Four expert witness statements follow introductory comments from Vernon J. Ehlers and James A. Barcia, United States Congressmen from Michigan. The statement of Bruce P. Mehlman, the assistant secretary of commerce, assesses the ability…

Stimulating Investment in Research and Development. Hearing before the Subcommittee on Science, Research and Technology of the Committee on Science, Space, and Technology. U.S. House of Representatives, One Hundred First Congress, First Session.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on Science, Space and Technology.

Views on ways the U.S. tax code might be used to stimulate investment in research and development were presented at this hearing. Witnesses represented industry and universities and included experts on how tax policy impacts scientific research and development. The document contains testimonies and supporting documentation from the following…

U.S. Space Program Benefits to Education. Hearing before the Subcommittee on Space of the Committee on Science, Space, and Technology. U.S. House of Representatives, One Hundred Second Congress, Second Session.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on Science, Space and Technology.

This hearing was held to review the educational benefits of the U.S. Space Program. Testimony was given by three panels of experts related to this topic. The three panels consisted of: (1) Daniel S. Goldin, Administrator, National Aeronautics and Space Administration (NASA); Dan Brandenstein, Captain, U.S. Navy, NASA Astronaut; and Damon Butler,…

National Nutrition Policy Study--1974. Hearings Before the Select Committee on Nutrition and Human Needs of the United States Senate Ninety-third Congress, Second Session. Part 4A--Appendix to Nutrition and Food Availability. Hearings Held Washington, D. C., June 20, 1974.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. Senate Select Committee on Nutrition and Human Needs.

These hearings on nutrition and food availability are comprised of the testimony of a number of experts and representatives of such organizations as the State of Washington Food and Nutrition Council; National Livestock and Meat Board; Bakery and Confectionery Workers' Union of America; Self Help and Rural Economic Support Inc.; North American…

Comprehensive Smoking Prevention Education Act. Hearings before the Subcommittee on Health and the Environment of the Committee on Energy and Commerce. House of Representatives, Ninety-Seventh Congress, Second Session on H.R. 5653 and H.R. 4957 (March 5, 11, and 12, 1982).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on Energy and Commerce.

This book contains proceedings from legislation designed to improve public awareness about the health effects of smoking. The texts of both proposed bills on the Comprehensive Smoking Prevention Education Act are included. Testimony of citizens and health experts is provided that relates personal experiences as well as medical evidence dealing…

Voting Rights Act: Bilingual Education, Expert Witness Fees, and Presley. Hearings before the Subcommittee on Civil and Constitutional Rights of the Committee to the Judiciary. House of Representatives, One Hundred Second Congress, Second Session (April 1, 2, and 8, 1992).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on the Judiciary.

Testimony concerning amendments to the Voting Rights Act of 1965 addresses, specifically, the provisions for language assistance for Alaskan native, Asian-American, Hispanic, and Native American citizens in order that they be able to exercise effectively their right to vote. The proposed legislation would extend coverage of Section 203 of the…

Impact of the Dayton Tire case.

PubMed

Hart, D L; Isernhagen, S J; Matheson, L N

1998-01-01

Three of the more pertinent legal cases in the United States concerning the performance of ergonomists are summarized. The results of the cited cases have impact on the validity of the NIOSH lifting formulae, the lack of scientific evidence relating performance of jobs with alleged ergonomic stressors with specific medical pathology, and the gold standard for expert witness testimony. The cases, taken together, should act as a catalyst for ergonomists to improve their level of scientific justification for their work and conclusions.

Not guilty of murder by reason of paroxysmal insanity: the "mad" doctor vs. "common-sense" doctors in an 1865 trial.

PubMed

Spiegel, A D; Spiegel, M S

1991-01-01

In July 1865, the Harris/Burroughs trial marked the first time in a U.S. courtroom that expert medical testimony supported a plea of paroxysmal [temporary] insanity in a murder defense. Furthermore, the "medical expert" ["mad doctor"] was pitted against "common-sense" physicians. Forensic rationales and societal reactions of the 1860s appear to be remarkably similar to what happens in the 1990s. By merely changing the antebellum language, the arguments and ripostes could readily be recycled into current temporary insanity confrontations. Sociocultural aspects of the Harris/Burroughs murder case may yield clues as to the persistence of the forensic and attitudinal stances toward temporary insanity pleas by the mass media, the physicians, the legal profession and the public.

[Liability of surgeons with respect to injuries to the bile duct during laparoscopic cholecystectomy : Analyses of malpractice litigations in the years 1996-2009].

PubMed

Fellmer, P T; Fellmer, J; Jonas, S

2011-01-01

Injuries to the bile duct during laparoscopic cholecystectomy are often a cause of malpractice litigations. A total of 13 legal verdicts as a result of bile duct injury from 1996 to 2009 were reviewed. Comments on the verdicts and the opinions of expert witnesses were analyzed. Out of 13 claims, 7 were upheld and 6 were rejected. Most expert witnesses from 1996 to 2002 stated that not carrying out a cholangiography and insufficient preparation of the cystic duct constituted a performance below the standard of care expected. Expert witness testimonies from 2004 to 2009, however, regarded injury to the bile duct as predominantly inherent to treatment. With the expansion and acceptance of laparoscopic interventions, changes in the results of malpractice litigation have become evident. In contrast to the phase during establishment of the technology, an injury to the bile duct is nowadays judged predominantly as inherent to treatment.

Use of dendrochronology and dendrochemistry in environmental forensics: Does it meet the Daubert criteria?

USGS Publications Warehouse

Balouet, J.-C.; Smith, K.T.; Vroblesky, D.; Oudijk, G.

2009-01-01

Dendrochronological methods have been in use for more than 100 years, providing us a record of climate, human activities (archaeology), floods, fire, mudslides and other geological and biological events. More recently, dendrochemisty has been used to assess the time frames of the onset and existence of environmental contamination. This article assesses the scientific status of dendrochronology and dendrochemistry with respect to the admissibility of expert testimony and Daubert legal criteria. The purpose of this article is to identify the crucial scientific aspects of dendrochronology and dendrochemistry that address the Daubert criteria and Rule 702 as amended in 2000. To clarify terminology, dendrochronology is the precise and reliable assignment of the year of formation of tree rings. Dendroecology is the use of dendrochronology to understand ecological and environmental processes (Schweingruber, 1996). Dendrochemistry is a subdiscipline of dendrochronology that analyzes and interprets the wood chemistry of precisely dated tree rings. Forensic dendrochemistry applies dendrochemistry to resolve environmental disputes and generally deal with questions regarding the timing and/or the source of environmental incidents. One significant application of forensic dendrochemistry to expert testimony is to address issues of anthropogenic contamination. Forensic dendroecology is a similar term to forensic dendrochemistry, but forensic dendrochemistry will be used in this discussion as the latter term emphasizes the use of chemical detection methods. Because dendrochemistry is based on the foundation of dendrochronology, both the former specialty and the latter broader discipline will be discussed. ?? Taylor & Francis Group, LLC.

The impact of the Daubert case on modern litigation.

PubMed

Mavroforou, Anna; Michalodimitrakis, Emmanuel

2008-12-01

Numerous product liability and toxic tort verdicts were arguably unjustly made on the basis of "junk science" threatening not only justice but the workings of the American economy. This problem was expected to be solved with the application of Daubert criteria, which require the courts to determine whether an expert's testimony reflects scientific knowledge, whether his/her findings are derived by the scientific method, and whether the work product is based on good science. Moreover, the Daubert criteria were expected to have an extraordinary impact on criminal litigation because there is rarely a criminal trial that does not rely on some form of expert testimony. However, there has been some debate on how such standards should be applied to cases involving relatively new product technologies, which only recently have been approved for a specific use, when an incident occurs and for which no published articles or other peer review summaries exist. Additionally, because most violent crimes are committed by the poor and their court appointed advocates, who are overworked and under-financed, are not up to the challenge. Therefore, with the Daubert standards for the admissibility of scientific evidence in the courts alone no significant improvement is expected. The presence of a system of effective representation in criminal cases along with efforts to educate judges and courts to understand ranges of scientific evidence and to recognise the reasonableness of scientific disagreements in civil and criminal cases are of paramount importance.

Oversight Hearing on the Reauthorization of the Higher Education Act of 1965: Kearney, Nebraska. Hearing before the Subcommittee on Postsecondary Education of the Committee on Education and Labor. House of Representatives, One Hundred Second Congress, First Session (Kearney, NE, July 15, 1991).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Subcommittee on Postsecondary Education.

At this hearing, one of a series conducted across the nation on the reauthorization of the Higher Education Act of 1965, testimony was heard on issues of concern to three panels of experts on higher education in the state of Nebraska. The witnesses included Robert E. Caldwell, student body president from the University of Nebraska (UN) at Kearney;…

Juvenile Justice and Delinquency Prevention Act: Preventing Juvenile Crime at School and in the Community. Hearing before the Subcommittee on Early Childhood, Youth and Families of the Committee on Education and the Workforce. House of Representatives, One Hundred Sixth Congress, First Session (Washington, DC, March 18, 1999).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on Education and the Workforce.

This document presents discussion on the Juvenile Crime Control and Delinquency Prevention Act (H.R. 1150) and provides testimonies of experts with first-hand knowledge of quality delinquency and violence prevention programs. An opening statement from Representative Mike Castle (Delaware) related the problem of children who become involved in…

Eradicating Steroid Use, Part IV: Examining the Use of Steroids by Young Women to Enhance Athletic Performance and Body Image. Hearing Before the Committee on Government Reform, House of Representatives, One Hundred Ninth Congress, First Session, (June 15, 2005) Serial No. 109-38

ERIC Educational Resources Information Center

US House of Representatives, 2005

2005-01-01

The Committee on Government Reform heard testimony from several medical experts who believe that steroid use by young women is an underreported problem, and that a great deal more research and scientific evidence are needed to more accurately quantify its pervasiveness. Dr. Diane Elliot, professor of medicine, Oregon Health and Science University,…

The Nature of Expertise in Fingerprint Matching: Experts Can Do a Lot with a Little

PubMed Central

Thompson, Matthew B.; Tangen, Jason M.

2014-01-01

Expert decision making often seems impressive, even miraculous. People with genuine expertise in a particular domain can perform quickly and accurately, and with little information. In the series of experiments presented here, we manipulate the amount of “information” available to a group of experts whose job it is to identify the source of crime scene fingerprints. In Experiment 1, we reduced the amount of information available to experts by inverting fingerprint pairs and adding visual noise. There was no evidence for an inversion effect—experts were just as accurate for inverted prints as they were for upright prints—but expert performance with artificially noisy prints was impressive. In Experiment 2, we separated matching and nonmatching print pairs in time. Experts were conservative, but they were still able to discriminate pairs of fingerprints that were separated by five-seconds, even though the task was quite different from their everyday experience. In Experiment 3, we separated the print pairs further in time to test the long-term memory of experts compared to novices. Long-term recognition memory for experts and novices was the same, with both performing around chance. In Experiment 4, we presented pairs of fingerprints quickly to experts and novices in a matching task. Experts were more accurate than novices, particularly for similar nonmatching pairs, and experts were generally more accurate when they had more time. It is clear that experts can match prints accurately when there is reduced visual information, reduced opportunity for direct comparison, and reduced time to engage in deliberate reasoning. These findings suggest that non-analytic processing accounts for a substantial portion of the variance in expert fingerprint matching accuracy. Our conclusion is at odds with general wisdom in fingerprint identification practice and formal training, and at odds with the claims and explanations that are offered in court during expert testimony. PMID:25517509

The utilization of tachymetry in forensic medicine.

PubMed

Hagara, M; Sidlo, J; Stuparin, J; Siget, V; Soral, A; Valent, D

2009-01-01

Tachymetry is a geodetic method enabling to measure angles and distances. The aim of the work was to demonstrate alternatives of its utilization in daily forensic medicine practice. The work is dealing with confusing cases of gunshot injuries. It is impossible to determine the trajectory of the projectile, the sequence of gunshots, to identify shooting person etc. in these cases only on the base of autopsy findings and investigated circumstances. In these cases the investigation experiments on the crime scene in collaboration with the land surveyors were realized. The work presents two case reports. For our measurements the electronic tachymeter TOPCON 211D was used. These were performed by the means of polar method in local coordinate system with relative heights. In the first case the position of victim was simulated by a figurant according to testimonies of witnesses and the accused. The second case dealed with suicide. In the first case there were two gunshots. The trajectory of the first gunshot was determined and the projectile was found. Hereby the most authentic testimony could be estimated. Also high grade probability of the relative position of the victim and the accused was figured out. In the case of suicide also the projectile was found and the position of the victim in the time of gunshot was determined. In the both case reports demonstrated the projectiles were not found by ballistics expert investigations. All questions of expert opinions could be answered only with the help of tachymetry. The advantage of this method is its good regional availability even at places far from specialized criminal investigation workplaces.

Demystifying the Expert

NASA Astrophysics Data System (ADS)

Constantin, Anca; Feitosa, Klebert

We present here a program that aims at significantly diminishing the increasingly pervasive fear of approaching scientific concepts, particularly for people without math related backgrounds or interests. We built a series of grassroots yet unique science shows delivered in an up-beat, visually, and socially appealing environment, that bring forward the crucially needed bridge between the realm of scientific research and that of ordinary people through... comedy. While staged by two physics professors as hosts, the hilarious interactions between a science expert and a student-led improvisational comedy troupe constitute the main tool to unlock, decipher, and enjoy the mystery of the scientific research. Our program gets everyone in with lots of laughs, at no expense to academic quality, community involvement, diversity, excellence, integrity, and student focus. Our independent dedicated website for this project (sites.jmu.edu/demystifying), archives the podcasts (soundcloud.com/demystifying), short segment videos, blog posts, experts' bios, photo albums, testimonials, press releases, along with quantitative results of our assessment efforts. The overarching goal of this program is to pioneer a low cost yet efficient method of science education that can be replicated world wide.

Who is an expert? Competency evaluations in mental retardation and borderline intelligence.

PubMed

Siegert, Mark; Weiss, Kenneth J

2007-01-01

Evaluations of competency to stand trial (CST) in defendants with mental retardation or borderline intellectual functioning can be difficult when deficits are masked by the type of adaptations seen in many with developmental disabilities. Accordingly, many evaluators have used validated test instruments, such as the CAST*MR (Competence Assessment to Stand Trial for Defendants with Mental Retardation) and tests measuring receptive and expressive language, to augment the clinical interview. The authors present a New Jersey case illustrating the need for clinicians to have adequate experience and training in some of the less known psychometric tests before presenting evidence in court. At the CST hearing, the judge disregarded the testimony of several psychologists while accepting that of a less experienced state's expert, we believe, to find the defendant competent. The finding was reversed on appeal. We encourage forensic professionals to be aware of the various instruments and minimum standards when employing specialized testing.

Hunger in America: Hearings on Hunger and Related Nutritional Issues, before the Subcommittee on Nutrition and Investigations of the Committee on Agriculture, Nutrition, and Forestry, United States Senate, and the Committee on Agriculture, Nutrition, and Forestry, United States Senate. One Hundredth Congress, Second Session (Cedar Rapids, Iowa, January 30, 1988; Washington, D.C., March 1 and 28, 1988).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. Senate Committee on Agriculture, Nutrition, and Forestry.

This report presents the testimony of numerous expert witnesses who appeared at three hearings on the following topics: (1) Hunger and Related Nutritional Issues; (2) U.S. Department of Agriculture (USDA) Food Assistance Programs; and (3) Domestic Hunger and Related Nutritional Issues. The following major issues were discussed: (1) the number of…

Review of Urinalysis Drug Testing Program. Report by a Panel of Army and Civilian Experts in Toxicology and Drug Testing Legal Issues for the Surgeon General of the U.S. Army

DTIC Science & Technology

1983-12-12

the National Institute on Drug Abuse (NIDA). Dr. Simon is a consultant on forensic toxicology and currently is the Director of Industrial...THC ratio algorithm, and no laboratory has the personnel trained to provide forensic testimony on the THC or other drug GC/MS data. d. The GC/MS...adequate expertise to support GC/MS internally and forensically document (for courts-martial) GC/MS. The USAF Homestead AFB case is a glaring example of

Free will: reconciling German civil law with Libet's neurophysiological studies on the readiness potential.

PubMed

Kawohl, Wolfram; Habermeyer, Elmar

2007-01-01

The free will debate widely exceeds the neuroscientific and philosophical fields due to profound implications for legislation, case law and psychiatric expert opinion. Data from Benjamin Libet's experiments on the readiness potential have been used as an argument against personal responsibility and for changes in the law. Due to the explicit use of the term "free will" in German civil law, the psychiatrist as an expert witness is confronted with this debate. In this article we outline the role of this crucial term in German civil law and we describe the neurophysiologic challenge in the form of Libet's experiments, which is led on three levels: the correctness of the data, the impact on the question of whether free will exists and possible consequences for the law. We conclude that the problem of free will cannot be debated on the basis of the data provided by Libet's experiments and that doubts about the existence of a free will must not lead to changes in the law or in psychiatric expert testimony. Therefore, advice for the psychiatrist as an expert witness is offered on the basis of a psychopathological approach that takes into account cognitive and motivational preconditions and the structure of values and personality. Copyright (c) 2007 John Wiley & Sons, Ltd.

20 CFR 403.140 - If the Commissioner authorizes testimony, what will be the scope and form of that testimony?

Code of Federal Regulations, 2011 CFR

2011-04-01

..., what will be the scope and form of that testimony? 403.140 Section 403.140 Employees' Benefits SOCIAL... PROCEEDINGS § 403.140 If the Commissioner authorizes testimony, what will be the scope and form of that testimony? The employee's testimony must be limited to matters that were specifically approved. We will...

Murder Must Memorize

PubMed Central

Brainerd, C. J.

2013-01-01

Memory reports usually provide the evidence that is most determinative of guilt or innocence in criminal proceedings—including in the most serious proceedings, capital murder trials. Thus, memory research is bedrock science when it comes to the reliability of legal evidence, and expert testimony on such research is a linchpin of just verdicts. This principle is illustrated with a capital murder trial in which several of the most powerful forms of memory distortion were present (e.g., phantom recollections, robust interrogation methods that stimulate false self-incrimination). A key question before the jury, whether to regard the defendant’s confession as true or false, turned on a theoretical principle that is used to explain memory distortion in the laboratory, the verbatim-gist distinction, and on research showing that it is possible to create false memories that embody the gist of experience. The scientific testimony focused on instances in which false gist memories had been created under controlled conditions (e.g., of having been lost in a mall, of receiving surgery for a fictitious injury), as well as on real-life examples of false memory for the gist experience (e.g., recovered memories of sexual abuse, alien abduction memories). The defendant was found innocent of capital murder. PMID:23638648

50 CFR 221.52 - What are the requirements for presenting testimony?

Code of Federal Regulations, 2010 CFR

2010-10-01

... testimony? (a) Written direct testimony. Unless otherwise ordered by the ALJ, all direct hearing testimony must be prepared and submitted in written form. (1) Prepared written testimony must: (i) Have line numbers inserted in the left-hand margin of each page; (ii) Be authenticated by an affidavit or...

18 CFR 385.507 - Prepared written testimony (Rule 507).

Code of Federal Regulations, 2010 CFR

2010-04-01

... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Prepared written....507 Prepared written testimony (Rule 507). (a) Offered as an exhibit. The prepared written testimony... time for the preparation of such written testimony. (b) Time for filing. Any prepared written testimony...

48 CFR 1252.242-71 - Contractor testimony.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Contractor testimony. 1252... Contractor testimony. As prescribed in (TAR) 48 CFR 1242.7000(b), insert the following clause: Contractor Testimony (OCT 1994) All requests for the testimony of the Contractor or its employees, and any intention to...

Displaying employee testimonials on recruitment web sites: effects of communication media, employee race, and job seeker race on organizational attraction and information credibility.

PubMed

Walker, H Jack; Feild, Hubert S; Giles, William F; Armenakis, Achilles A; Bernerth, Jeremy B

2009-09-01

This study investigated participants' reactions to employee testimonials presented on recruitment Web sites. The authors manipulated the presence of employee testimonials, richness of media communicating testimonials (video with audio vs. picture with text), and representation of racial minorities in employee testimonials. Participants were more attracted to organizations and perceived information as more credible when testimonials were included on recruitment Web sites. Testimonials delivered via video with audio had higher attractiveness and information credibility ratings than those given via picture with text. Results also showed that Blacks responded more favorably, whereas Whites responded more negatively, to the recruiting organization as the proportion of minorities shown giving testimonials on the recruitment Web site increased. However, post hoc analyses revealed that use of a richer medium (video with audio vs. picture with text) to communicate employee testimonials tended to attenuate these racial effects.

The impact of strategic funding by the tobacco industry of medical expert witnesses appearing for the defence in the Aho Finnish product liability case.

PubMed

Hiilamo, Heikki T

2007-06-01

To identify and evaluate tobacco industry strategies to recruit medical expert witnesses. A systematic search was made of internal tobacco industry documents available on the Internet and at British American Tobacco Guildford Depository. Litigation by a plaintiff with laryngeal cancer against the tobacco industry in Finland was used as a case study of tobacco industry strategies to manipulate science and its use and deployment in defending a product liability claim. Thirty-three of 45 medical expert witnesses for the defence received research funding before or after testifying. One strategy was to employ those scientists as witnesses with whom the industry had worked since the 1960s. The older witnesses testified to the existence of a controversy which they had, in fact, helped to create. Those appearing in Helsinki District court apparently downplayed the importance of their involvement with the industry. Another strategy was the use of research funding to establish contacts with new potential witnesses, to strengthen existing contacts or to pay back helpful experts. The tobacco industry funded the majority of expert witnesses appearing for it, beyond simple recompense for the time involved. This may have unconsciously influenced the testimony given by the witnesses. This funding should be considered in court, but links between experts and the industry were often downplayed or, in some cases, the financial ties were being forged at the time and were not revealed. It would be helpful to establish norms to guide courts to understand the influences exerted by the tobacco industry in the preparation of cases requiring expert evidence.

[Effects of mental stress on the health status of the accused during a criminal trial].

PubMed

Janků, K; Kukleta, M; Humpolícek, P; Svoboda, P; Sas, I; Zámecník, M

2008-01-01

A court-sworn medical expert is sometimes authorized to pass a medical judgement, whether an older, from serious diseases suffering accused is able to take part in the criminal trial proceedings. The court-sworn medical expert is required to consider the accused's fitness, his mental and physical ability to appear in court, to understand the trial, to answer the questions of the judge, to defend himself, to put questions and objections against the witness's testimony, etc. Such medical expert's opinion is usually a task for a psychiatrist. Judgement of the ability of the accused to take part in the main court trial is of another character, especially when the accused is suffering from a serious disease, e.g. cardiovascular, pulmonary, gastrointestinal, haematological, tumorous or other. In this case the medical judgement is usually required from a doctor of internal medicine. Nevertheless, this is not an easy task for him. As far as these problems are concerned, the expert gathers only little experience of his own during his juridical practice. Similar cases have been extremely sporadically published in medical or juridical literature and if, then in common sense only. It is evident that the expert must face any possible aggravation of the accused's difficulties. At the same time the expert ought to take care lest the court trial should be inadequately extended and even should prevent the accused's avoidance in the main court trial. This paper tries to determine the basic rules for the court-sworn experts in the branch of internal medicine and would like to facilitate them to judge under which circumstances a seriously ill accused may appear in trial proceedings without exposing him to a serious damage of his health or even endangerment of his life.

7 CFR 1.652 - What are the requirements for presenting testimony?

Code of Federal Regulations, 2010 CFR

2010-01-01

... presenting testimony? (a) Written direct testimony. Unless otherwise ordered by the ALJ, all direct hearing testimony must be prepared and submitted in written form. (1) Prepared written testimony must: (i) Have line numbers inserted in the left-hand margin of each page; (ii) Be authenticated by an affidavit or...

7 CFR 900.40 - Written testimony and USDA data request requirements.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 7 Agriculture 8 2013-01-01 2013-01-01 false Written testimony and USDA data request requirements... and Nut Marketing Agreements and Marketing Orders § 900.40 Written testimony and USDA data request... testimony, if prepared as an exhibit, and any other exhibits available to USDA before testimony is given on...

7 CFR 900.40 - Written testimony and USDA data request requirements.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 7 Agriculture 8 2012-01-01 2012-01-01 false Written testimony and USDA data request requirements... and Nut Marketing Agreements and Marketing Orders § 900.40 Written testimony and USDA data request... testimony, if prepared as an exhibit, and any other exhibits available to USDA before testimony is given on...

7 CFR 900.40 - Written testimony and USDA data request requirements.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 7 Agriculture 8 2014-01-01 2014-01-01 false Written testimony and USDA data request requirements... and Nut Marketing Agreements and Marketing Orders § 900.40 Written testimony and USDA data request... testimony, if prepared as an exhibit, and any other exhibits available to USDA before testimony is given on...

Psychiatrists, criminals, and the law: forensic psychiatry in Switzerland 1850-1950.

PubMed

Germann, Urs

2014-01-01

Between 1880 and 1950, Swiss psychiatrists established themselves as experts in criminal courts. In this period, the judicial authorities required psychiatric testimonies in a rising number of cases. As a result, more offenders than ever before were declared mentally deficient and, eventually, sent to psychiatric asylums. Psychiatrists also enhanced their authority as experts at the political level. From the very beginning, they got involved in the preparatory works for a nationwide criminal code. In this article, I argue that these trends toward medicalization of crime were due to incremental processes, rather than spectacular institutional changes. In fact, Swiss psychiatrists gained recognition as experts due to their daily interactions with judges, public prosecutors, and legal counsels. At the same time, the spread of medical expertise had serious repercussions on psychiatric institutions. From 1942 onwards, asylums had to deal with a growing number of "criminal psychopaths," which affected ward discipline and put psychiatry's therapeutic efficiency into question. The defensive way in which Swiss psychiatrists reacted to this predicament was crucial to the further development of forensic psychiatry. For the most part, it accounts for the subdiscipline's remarkable lack of specialization until the 1990s. © 2013.

Posttraumatic stress disorder in tort actions: forensic minefield.

PubMed

Sparr, L F; Boehnlein, J K

1990-01-01

The authors discuss posttraumatic stress disorder (PTSD) as a basis for personal injury litigation. Three case examples raise issues related to: (1) the controversy surrounding expansion of tort liability, (2) the courtroom use of psychiatric nomenclature as represented in the DSM (e.g., PTSD), and (3) ethical concerns regarding psychiatric expert witnesses. Psychiatrists became easy targets when problems related to personal injury "stress" cases developed. A careful analysis, however, demonstrates that the issues are complex and multifaceted. For example, tort liability expansion was primarily instituted to compel a greater provision of liability insurance, not to reward stress claims. The increasing use of psychiatry's DSM in the courtroom has occurred despite explicit precautions against forensic application. Finally, the need for psychiatric expert witnesses has increased because courts have gradually usurped some psychiatric clinical prerogatives and because there has been a trend toward greater consideration of emotional pain and suffering. Although psychiatric expert witnesses have not been beyond reproach, critics have attempted to impeach the entire psychiatric profession for the questionable actions of the minority. The authors provide a detailed analysis of current problems, offer suggestions for improvement, and provide an educational counterpoint to the "hysterical invective" that often greets psychiatric testimony.

Testimony of Robert A. Frosch before the Subcommittee on HUD and Independent Agencies of the Senate Committee on Appropriations

NASA Technical Reports Server (NTRS)

Frosch, R. A.

1985-01-01

An agreement between NASA and the Congress was arranged as part of the activities supporting the establishment of NASA Policy on Automation and Robotics for the space station. This agreement is dicussed. A panel brought together experts from industry, universities, national laboratories, other government agencies, and NASA to perform an independent study of how NASA could use automation and robotics in the space station in ways that would be most useful to carrying out the mission of the station, and that would lead to useful benefits to the U.S. economy and industry on the ground.

Issues in Software System Safety: Polly Ann Smith Co. versus Ned I. Ludd

NASA Technical Reports Server (NTRS)

Holloway, C. Michael

2002-01-01

This paper is a work of fiction, but it is fiction with a very real purpose: to stimulate careful thought and friendly discussion about some questions for which thought is often careless and discussion is often unfriendly. To accomplish this purpose, the paper creates a fictional legal case. The most important issue in this fictional case is whether certain proffered expert testimony about software engineering for safety critical systems should be admitted. Resolving this issue requires deciding the extent to which current practices and research in software engineering, especially for safety-critical systems, can rightly be considered based on knowledge, rather than opinion.

20 CFR 403.140 - If the Commissioner authorizes testimony, what will be the scope and form of that testimony?

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false If the Commissioner authorizes testimony, what will be the scope and form of that testimony? 403.140 Section 403.140 Employees' Benefits SOCIAL SECURITY ADMINISTRATION TESTIMONY BY EMPLOYEES AND THE PRODUCTION OF RECORDS AND INFORMATION IN LEGAL...

Climatic, biological, and strategic effects of nuclear war. Hearing before the Subcommittee on Natural Resources, Agriculture Research and Environment of the Committee on Science and Technology, House of Representatives, Ninety-Eighth Congress, Second Session, September 12, 1984

DOE Office of Scientific and Technical Information (OSTI.GOV)

Not Available

1985-01-01

A panel of experts, including Carl Sagan, Jay Gould, and Edward Teller, testified along with climate and atmospheric science experts from the Soviet Union on the long-term effects of a nuclear war. The scientists warned that such an event could repeat the biological and climatic disruption that ended the age of dinosaurs 65 million years ago. The purpose of the hearing was to inform committee members about the nature and outcome of a nuclear winter. The scientists also described international research programs designed to ascertain these long-term effects. They pointed out that, while the effects of a single explosion aremore » well known, little is known of overlapping effects from multiple explosions. Two appendices with additional material submitted for the record and additional questions and answers follows the testimony.« less

Updates in medical malpractice: an otology perspective.

PubMed

Ruhl, Douglas S; Littlefield, Philip D

2015-10-01

Most surgeons at some point are involved in a medical malpractice case. There has been an increase in the number of manuscripts that analyse malpractice databases and insurance claims, as well as commentaries on the current medicolegal climate recently. This manuscript broadly reviews articles of interest to all providers and then focuses on malpractice in otology. Medical malpractice articles (particularly topics related to otologic surgery published within the last 1-2 years) were searched. The growing body of literature can be divided into the themes of general negligence, mitigating injuries and the use of clinical practice guidelines in the courtroom as guidance for expert witnesses. Recent findings suggest that the frequency of malpractice claims may be decreasing. Hearing loss and facial nerve injury are the most common injuries associated with otologic surgery. These injuries can be costly when negligence is found. Clinic practice guidelines are slowly being used as evidence in the courtroom and there are established guidelines that an expert witness must follow should a surgeon be called to give testimony.

Criminal profiling as expert witness evidence: The implications of the profiler validity research.

PubMed

Kocsis, Richard N; Palermo, George B

The use and development of the investigative tool colloquially known as criminal profiling has steadily increased over the past five decades throughout the world. Coupled with this growth has been a diversification in the suggested range of applications for this technique. Possibly the most notable of these has been the attempted transition of the technique from a tool intended to assist police investigations into a form of expert witness evidence admissible in legal proceedings. Whilst case law in various jurisdictions has considered with mutual disinclination the evidentiary admissibility of criminal profiling, a disjunction has evolved between these judicial examinations and the scientifically vetted research testing the accuracy (i.e., validity) of the technique. This article offers an analysis of the research directly testing the validity of the criminal profiling technique and the extant legal principles considering its evidentiary admissibility. This analysis reveals that research findings concerning the validity of criminal profiling are surprisingly compatible with the extant legal principles. The overall conclusion is that a discrete form of crime behavioural analysis is supported by the profiler validity research and could be regarded as potentially admissible expert witness evidence. Finally, a number of theoretical connections are also identified concerning the skills and qualifications of individuals who may feasibly provide such expert testimony. Copyright © 2016 Elsevier Ltd. All rights reserved.

Defining 'reasonable medical certainty' in court: What does it mean to medical experts in child abuse cases?

PubMed

Dias, Mark S; Boehmer, Susan; Johnston-Walsh, Lucy; Levi, Benjamin H

2015-12-01

Physicians and others who provide expert testimony in court cases involving alleged child abuse may be instructed to state their conclusions within a 'reasonable medical certainty' (RMC). However, neither judges nor jurors knows what degree of probability constitutes RMC for a given expert, nor whether different experts use different standards to formulate their opinions. We sought to better understand how experts define RMC in the context of court cases. An email survey was sent to members of six list-serves, representing four specialties, whose members testify in child abuse cases. Respondents were asked to define how RMC corresponded to (1) the numerical probability that abuse occurred, (2) the ordinal probability, and (3) how their determinations relate to common legal standards ('preponderance of the evidence', 'clear and convincing', and 'beyond a reasonable doubt'). Participants were also asked how comfortable they were in defining RMC; whether their definition changed according to the charges or type of proceeding; and how they would apply RMC to several hypothetical cases. The 294 list-serve participants who responded included child abuse pediatricians (46%), forensic pathologists (21%), pediatric neurosurgeons (15%), pediatric ophthalmologists (12%), and others (6%). Though 95% of respondents had testified in court, only 45% had received training in the definition of RMC. Only 37% were comfortable defining RMC. Although many responses were highly clustered and paired comparisons showed that 95% of participants' responses were internally consistent, there was variability in respondents' definitions of RMC. There is some variability in how child abuse expert witnesses define and use the term RMC; we provide suggestions about how to more accurately and transparently define RMC to ensure justice in these cases. Copyright © 2015 Elsevier Ltd. All rights reserved.

45 CFR 1303.16 - Conduct of hearing.

Code of Federal Regulations, 2013 CFR

2013-10-01

... written direct testimony will be used in appeals under this part in lieu of oral direct testimony. When the parties submit prepared written direct testimony, witnesses must be available at the hearing for... written direct testimony, the Departmental Appeals Board may exempt it from the requirement. However, such...

10 CFR 1707.207 - Restrictions that apply to testimony.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Restrictions that apply to testimony. 1707.207 Section 1707.207 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.207...

10 CFR 1707.207 - Restrictions that apply to testimony.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 10 Energy 4 2011-01-01 2011-01-01 false Restrictions that apply to testimony. 1707.207 Section 1707.207 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.207...

10 CFR 1707.207 - Restrictions that apply to testimony.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 10 Energy 4 2013-01-01 2013-01-01 false Restrictions that apply to testimony. 1707.207 Section 1707.207 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.207...

10 CFR 1707.207 - Restrictions that apply to testimony.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 10 Energy 4 2014-01-01 2014-01-01 false Restrictions that apply to testimony. 1707.207 Section 1707.207 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.207...

10 CFR 1707.207 - Restrictions that apply to testimony.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 10 Energy 4 2012-01-01 2012-01-01 false Restrictions that apply to testimony. 1707.207 Section 1707.207 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.207...

24 CFR 180.635 - Written testimony.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Written testimony. 180.635 Section... § 180.635 Written testimony. The ALJ may accept and enter into the record direct testimony of witnesses made by verified written statement rather than by oral presentation at the hearing. Unless the ALJ...

33 CFR 20.808 - Written testimony.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Written testimony. 20.808 Section 20.808 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY GENERAL RULES OF....808 Written testimony. The ALJ may enter into the record the written testimony of a witness. The...

6 CFR 5.45 - Procedure when testimony or production of documents is sought; general.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Procedure when testimony or production of... Procedure when testimony or production of documents is sought; general. (a) If official information is... requiring oral testimony, and identification of potentially relevant documents. (c) The appropriate...

30 CFR 250.191 - How does MMS conduct incident investigations?

Code of Federal Regulations, 2010 CFR

2010-07-01

... meetings involving persons giving testimony: (a) A person giving testimony may have legal or other representative(s) present to provide advice or counsel while the person is giving testimony. The chairperson may... necessary, may address questions to any person giving testimony. (c) The chairperson may issue subpoenas to...

When killing isn't murder: psychiatric and psychological defences to murder when the insanity defence is not applicable.

PubMed

Samuels, Anthony; O'Driscoll, Colmán; Allnutt, Stephen

2007-12-01

This paper describes psychiatric and psychological defences to murder where the defence of insanity is not applicable. The charges of murder and manslaughter are outlined. Self-defence, sane and insane automatism, provocation, diminished responsibility, duress, necessity and novel defences are discussed. The complexities of psychological and psychiatric expert evidence are highlighted as well as the fact that legal decisions are not always consistent with medical or scientific theory. It is concluded that this is a controversial and evolving area of mental health law and mental health professionals have an educative role and a responsibility to provide testimony that is supported by the best possible evidence.

6 CFR 5.44 - Testimony and production of documents prohibited unless approved by appropriate Department...

Code of Federal Regulations, 2010 CFR

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Testimony and production of documents prohibited... in Litigation § 5.44 Testimony and production of documents prohibited unless approved by appropriate... or request, including in connection with any litigation, provide oral or written testimony by...

30 CFR 250.191 - How does MMS conduct incident investigations?

Code of Federal Regulations, 2011 CFR

2011-07-01

... following requirements apply to any panel meetings involving persons giving testimony: (a) A person giving testimony may have legal or other representative(s) present to provide advice or counsel while the person is giving testimony. The chairperson may require a verbatim transcript to be made of all oral testimony. The...

49 CFR 835.10 - Testimony in Federal, State, or local criminal investigations and other proceedings.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 7 2010-10-01 2010-10-01 false Testimony in Federal, State, or local criminal investigations and other proceedings. 835.10 Section 835.10 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.10 Testimony in Federal, State, or local crimina...

24 CFR 15.204 - Consideration of demands for production of material or provision of testimony.

Code of Federal Regulations, 2010 CFR

2010-04-01

... unreasonable; (vii) Production of the material or provision of the testimony would not be required under the... production of material or provision of testimony. 15.204 Section 15.204 Housing and Urban Development Office... FREEDOM OF INFORMATION ACT AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES Production of...

10 CFR 110.107 - Presentation of testimony in an oral hearing.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 2 2010-01-01 2010-01-01 false Presentation of testimony in an oral hearing. 110.107... AND MATERIAL Hearings § 110.107 Presentation of testimony in an oral hearing. (a) All direct testimony in an oral hearing shall be filed no later than 7 days before the hearing or as otherwise ordered or...

36 CFR 703.16 - Policy on presentation of testimony and production of documents.

Code of Federal Regulations, 2014 CFR

2014-07-01

... testimony and production of documents. 703.16 Section 703.16 Parks, Forests, and Public Property LIBRARY OF... Documents in Certain Legal Proceedings Where the Library Is Not a Party § 703.16 Policy on presentation of testimony and production of documents. No Library of Congress employee may provide testimony or produce...

36 CFR 703.16 - Policy on presentation of testimony and production of documents.

Code of Federal Regulations, 2012 CFR

2012-07-01

... testimony and production of documents. 703.16 Section 703.16 Parks, Forests, and Public Property LIBRARY OF... Documents in Certain Legal Proceedings Where the Library Is Not a Party § 703.16 Policy on presentation of testimony and production of documents. No Library of Congress employee may provide testimony or produce...

36 CFR 703.16 - Policy on presentation of testimony and production of documents.

Code of Federal Regulations, 2011 CFR

2011-07-01

... testimony and production of documents. 703.16 Section 703.16 Parks, Forests, and Public Property LIBRARY OF... Documents in Certain Legal Proceedings Where the Library Is Not a Party § 703.16 Policy on presentation of testimony and production of documents. No Library of Congress employee may provide testimony or produce...

36 CFR § 703.16 - Policy on presentation of testimony and production of documents.

Code of Federal Regulations, 2013 CFR

2013-07-01

... LIBRARY OF CONGRESS DISCLOSURE OR PRODUCTION OF RECORDS OR INFORMATION Testimony by Employees and Production of Documents in Certain Legal Proceedings Where the Library Is Not a Party § 703.16 Policy on presentation of testimony and production of documents. No Library of Congress employee may provide testimony or...

36 CFR 1251.10 - What are the filing requirements for a demand for documents or testimony?

Code of Federal Regulations, 2011 CFR

2011-07-01

... date that records or testimony is required. Demands submitted in less than 45 days before records or... requirements for a demand for documents or testimony? 1251.10 Section 1251.10 Parks, Forests, and Public... the filing requirements for a demand for documents or testimony? You must comply with the following...

36 CFR 1251.10 - What are the filing requirements for a demand for documents or testimony?

Code of Federal Regulations, 2010 CFR

2010-07-01

... date that records or testimony is required. Demands submitted in less than 45 days before records or... requirements for a demand for documents or testimony? 1251.10 Section 1251.10 Parks, Forests, and Public... the filing requirements for a demand for documents or testimony? You must comply with the following...

Don't Ask a Neuroscientist about Phases of the Moon.

PubMed

Shats, Katherine; Brindley, Timothy; Giordano, James

2016-10-01

Ongoing developments in neuroscientific techniques and technologies-such as neuroimaging-offer potential for greater insight into human behavior and have fostered temptation to use these approaches in legal contexts. Neuroscientists are increasingly called on to provide expert testimony, interpret brain images, and thereby inform judges and juries who are tasked with determining the guilt or innocence of an individual. In this essay, we draw attention to the actual capabilities and limitations of currently available assessment neurotechnologies and examine whether neuroscientific evidence presents unique challenges to existing frameworks of evidence law. In particular, we focus on (1) fundamental questions of relevance and admissibility that can and should be posed before the tests afforded in Daubert v. Merrill Dow Pharmaceuticals or Frye v. U.S. are applied and (2) how these considerations fit into the broader contexts of criminal law. We contend that neuroscientific evidence must first be scrutinized more heavily for its relevance, within Daubert and Federal Rule of Evidence 702, to ensure that the right questions are asked of neuroscientists, so as to enable expert interpretation of neuroscientific evidence within the limits of their knowledge and discipline that allows the judge or jury to determine the facts at issue in the case. We use the analogy provided by the Daubert court of an expert on the phases of the moon testifying to an individual's behavior on a particular night to ensure that we are, in fact, asking the neuroscientific expert the appropriate question.

Potential reduced exposure products (PREPs) in industry trial testimony.

PubMed

Wayne, Geoffrey Ferris

2006-12-01

To identify patterns in trial testimony that may reflect on the intentions or expectations of tobacco manufacturers with regard to the introduction of potential reduced exposure products (PREPs). Research was conducted using the Deposition and Trial Testimony Archive (DATTA) collection of trial testimony and depositions housed online at Tobacco Documents Online (www.tobaccodocuments.org). Relevant testimony was identified through full-text searches of terms indicating PREPs or harm reduction strategies. The role and function of PREPs in testimony were classified according to common and contrasting themes. These were analysed in the context of broader trial arguments and against changes in time period and the market. Analysis of testimony suggests that the failure of PREPs in the market tempered initial industry enthusiasm and made protection of the conventional cigarette market its major priority. The "breakthrough" character of PREPs has been de-emphasised, with trial arguments instead positioning PREPs as simply another choice for consumers. This framework legitimises the sale of conventional brands, and shifts the responsibility for adoption of safer products from the manufacturer to the consumer. Likewise, testimony has abandoned earlier dramatic health claims made with regard to PREPs, which had undermined industry arguments regarding efforts to reduce harm in conventional products. More recent testimony advocates the broad acceptance of independent guidelines that would validate use of health claims and enable the industry to market PREPs to consumers. Trial testimony reflects the changing role and positioning of PREPs by the tobacco industry. The findings are of particular importance with regard to future evaluation and potential regulation of reduced harm products.

40 CFR 1611.9 - Testimony in Federal, State, or local criminal investigations and other proceedings.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Testimony in Federal, State, or local criminal investigations and other proceedings. 1611.9 Section 1611.9 Protection of Environment CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD TESTIMONY BY EMPLOYEES IN LEGAL PROCEEDINGS § 1611.9 Testimony in Federal, State, or local criminal...

10 CFR 2.1323 - Presentation of testimony in an oral hearing.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 1 2010-01-01 2010-01-01 false Presentation of testimony in an oral hearing. 2.1323... of testimony in an oral hearing. (a) All direct testimony in an oral hearing shall be filed no later... witnesses or the production of evidence. [63 FR 66730, Dec. 3, 1998, as amended at 69 FR 2271, Jan. 14, 2004] ...

25 CFR 516.2 - When may a person to whom this part applies give testimony, make a statement or submit to interview?

Code of Federal Regulations, 2010 CFR

2010-04-01

... testimony, make a statement or submit to interview? 516.2 Section 516.2 Indians NATIONAL INDIAN GAMING... whom this part applies give testimony, make a statement or submit to interview? (a) No person to whom... regulation, shall provide testimony, make a statement or submit to interview. (b) Whenever a subpoena...

Fingerprint identification: advances since the 2009 National Research Council report

PubMed Central

Champod, Christophe

2015-01-01

This paper will discuss the major developments in the area of fingerprint identification that followed the publication of the National Research Council (NRC, of the US National Academies of Sciences) report in 2009 entitled: Strengthening Forensic Science in the United States: A Path Forward. The report portrayed an image of a field of expertise used for decades without the necessary scientific research-based underpinning. The advances since the report and the needs in selected areas of fingerprinting will be detailed. It includes the measurement of the accuracy, reliability, repeatability and reproducibility of the conclusions offered by fingerprint experts. The paper will also pay attention to the development of statistical models allowing assessment of fingerprint comparisons. As a corollary of these developments, the next challenge is to reconcile a traditional practice dominated by deterministic conclusions with the probabilistic logic of any statistical model. There is a call for greater candour and fingerprint experts will need to communicate differently on the strengths and limitations of their findings. Their testimony will have to go beyond the blunt assertion of the uniqueness of fingerprints or the opinion delivered ispe dixit. PMID:26101284

Political rape as persecution: a legal perspective.

PubMed

Kelly, N

1997-01-01

The use of rape as a tool of persecution is not new, but recognition of the political rape of women as a violation of internationally protected human rights and as a basis for political asylum is. Over the last several years, a number of advances have been made, including human rights instruments that recognize the need to protect women from rape and other sexual abuse; guidelines from the United Nations High Commission for Refugees and several countries that acknowledge the political nature of rape and the difficulties experienced by women attempting to assert claims to asylum based on rape or other sexual abuse; and a number of important decisions by individual governments to provide protection to survivors of rape. Legal advancements for women in this area have depended largely on the assistance of medical and psychological experts who have been able to educate adjudicators and advocates on the effects of sexual harm, provide expert testimony in individual asylum cases, and provide critical treatment and support to survivors as they work their way through the process of obtaining legal protection.

LTDNA Evidence on Trial

PubMed Central

Roberts, Paul

2016-01-01

Adopting the interpretative/hermeneutical method typical of much legal scholarship, this article considers two sets of issues pertaining to LTDNA profiles as evidence in criminal proceedings. The section titled Expert Evidence as Forensic Epistemic Warrant addresses some rather large questions about the epistemic status and probative value of expert testimony in general. It sketches a theoretical model of expert evidence, highlighting five essential criteria: (1) expert competence; (2) disciplinary domain; (3) methodological validity; (4) materiality; and (5) legal admissibility. This generic model of expert authority, highlighting law's fundamentally normative character, applies to all modern forms of criminal adjudication, across Europe and farther afield. The section titled LTDNA Evidence in UK Criminal Trials then examines English and Northern Irish courts' attempts to get to grips with LTDNA evidence in recent cases. Better appreciating the ways in which UK courts have addressed the challenges of LTDNA evidence may offer some insights into parallel developments in other legal systems. Appellate court rulings follow a predictable judicial logic, which might usefully be studied and reflected upon by any forensic scientist or statistician seeking to operate effectively in criminal proceedings. Whilst each legal jurisdiction has its own unique blend of jurisprudence, institutions, cultures and historical traditions, there is considerable scope for comparative analysis and cross-jurisdictional borrowing and instruction. In the spirit of promoting more nuanced and sophisticated international interdisciplinary dialogue, this article examines UK judicial approaches to LTDNA evidence and begins to elucidate their underlying institutional logic. Legal argument and broader policy debates are not confined to considerations of scientific validity, contamination risks and evidential integrity, or associated judgments of legal admissibility or exclusion. They also crucially concern the manner in which LTDNA profiling results are presented and explained to factfinders in criminal trials. PMID:27826316

LTDNA Evidence on Trial.

PubMed

Roberts, Paul

2016-01-01

Adopting the interpretative/hermeneutical method typical of much legal scholarship, this article considers two sets of issues pertaining to LTDNA profiles as evidence in criminal proceedings. The section titled Expert Evidence as Forensic Epistemic Warrant addresses some rather large questions about the epistemic status and probative value of expert testimony in general. It sketches a theoretical model of expert evidence, highlighting five essential criteria: (1) expert competence; (2) disciplinary domain; (3) methodological validity; (4) materiality; and (5) legal admissibility. This generic model of expert authority, highlighting law's fundamentally normative character, applies to all modern forms of criminal adjudication, across Europe and farther afield. The section titled LTDNA Evidence in UK Criminal Trials then examines English and Northern Irish courts' attempts to get to grips with LTDNA evidence in recent cases. Better appreciating the ways in which UK courts have addressed the challenges of LTDNA evidence may offer some insights into parallel developments in other legal systems. Appellate court rulings follow a predictable judicial logic, which might usefully be studied and reflected upon by any forensic scientist or statistician seeking to operate effectively in criminal proceedings. Whilst each legal jurisdiction has its own unique blend of jurisprudence, institutions, cultures and historical traditions, there is considerable scope for comparative analysis and cross-jurisdictional borrowing and instruction. In the spirit of promoting more nuanced and sophisticated international interdisciplinary dialogue, this article examines UK judicial approaches to LTDNA evidence and begins to elucidate their underlying institutional logic. Legal argument and broader policy debates are not confined to considerations of scientific validity, contamination risks and evidential integrity, or associated judgments of legal admissibility or exclusion. They also crucially concern the manner in which LTDNA profiling results are presented and explained to factfinders in criminal trials.

12 CFR 19.183 - Rights of witnesses.

Code of Federal Regulations, 2014 CFR

2014-01-01

... of testimony to clarify any of the answers given; and (3) Make summary notes during the testimony... representing the person may be excluded from the proceedings during the taking of testimony of any other...

12 CFR 19.183 - Rights of witnesses.

Code of Federal Regulations, 2012 CFR

2012-01-01

... of testimony to clarify any of the answers given; and (3) Make summary notes during the testimony... representing the person may be excluded from the proceedings during the taking of testimony of any other...

12 CFR 19.183 - Rights of witnesses.

Code of Federal Regulations, 2010 CFR

2010-01-01

... of testimony to clarify any of the answers given; and (3) Make summary notes during the testimony... representing the person may be excluded from the proceedings during the taking of testimony of any other...

Conflicts of Interest in Scientific Research Related to Regulation or Litigation

PubMed Central

Resnik, David B.

2009-01-01

This article examines conflicts of interest in the context of scientific research related to regulation or litigation. The article defines conflicts of interest, considers how conflicts of interest can impact research, and discusses different strategies for dealing with conflicts of interest. While it is not realistic to expect that scientific research related to regulation or litigation will ever be free from conflicts of interest, society should consider taking some practical steps to minimize the impact of these conflicts, such as requiring full disclosure of information required for independent evaluation of research, prohibiting financial relationships between regulatory agencies and the companies they regulate, and banning payments to expert witnesses for specific research results, testimony or legal outcomes. PMID:19554198

Who needs capacity?

PubMed

Buchanan, Alec

2015-01-01

The UK Law Commission's Discussion Paper, Criminal Liability: Insanity and Automatism, recommends introducing the concept of capacity to the insanity defence. The concept of capacity has an established role in those parts of the law that concern the validity of the decisions that people make, for instance in composing a will or entering into a contract. Making mental capacity a criterion for criminal responsibility in a mentally disordered defendant, however, is potentially problematic. First, the term capacity already has several different meanings in the literature on the jurisprudence of mental abnormality. Second, using the concept of capacity in the way that the Law Commission proposes poses difficulties that relate to the provision of testimony by expert witnesses. Copyright © 2015 Elsevier Ltd. All rights reserved.

Analysis of the origin and importance of acetone and isopropanol levels in the blood of the deceased for medico-legal testimony.

PubMed

Borowska-Solonynko, A; Siwińska-Ziółkowska, A; Piotrkowicz, M; Wysmołek, M; Demkow, M

2014-01-01

The aim of the study was to analyze the incidence of acetone and isopropanol in the blood of the deceased, and to assess cases in which the compounds have been detected with a focus on their origin and usefulness for medico-legal testimony. The study material consisted of results of tests detecting ethyl alcohol and reports of autopsies performed at the Department of Forensic Medicine, Medical University of Warsaw, from January 2008 to April 2009 - a total of 2,475 cases. The test group proper (group B) comprised only those cases in which acetone was detected in blood, either with or without isopropanol [n = 202 (8.2%)]. The blood levels of isopropanol varied depending on the cause of death. The need for differentiating the origin of isopropanol in the case of its presence in the blood of the deceased was pointed out. The results of the present study show that the differentiation should be based on the isopropanol and acetone concentration ratio, as isopropanol concentration alone is not sufficient for preparing expert opinions. Even high concentrations of isopropanol, when accompanied by even higher concentrations of acetone, imply that isopropanol could have been formed as a result of acetone transformations. Isopropanol concentrations exceeding acetone levels strongly point to the exogenous origin of isopropanol, particularly when high levels of ethanol are concurrently detected.

5 CFR 2417.203 - Filing requirements for litigants seeking documents or testimony.

Code of Federal Regulations, 2011 CFR

2011-01-01

... outweighs the burden on the FLRA to produce the records or provide testimony; (5) A statement indicating... testimony, in travel, and for attendance in the legal proceeding. (c) The Office of the Solicitor reserves...

5 CFR 2417.203 - Filing requirements for litigants seeking documents or testimony.

Code of Federal Regulations, 2010 CFR

2010-01-01

... outweighs the burden on the FLRA to produce the records or provide testimony; (5) A statement indicating... testimony, in travel, and for attendance in the legal proceeding. (c) The Office of the Solicitor reserves...

Tobacco industry litigation position on addiction: continued dependence on past views

PubMed Central

Henningfield, Jack E; Rose, Christine A; Zeller, Mitch

2006-01-01

This paper reviews the tobacco industry's litigation strategy for addressing the addiction issue through trial testimony by its experts, and opening and closing statements by its lawyers. Despite the fact that several companies now claim to accept, in varying degrees, the conclusions of the Surgeon General concerning tobacco addiction, the tobacco industry litigation strategy pertaining to addiction is essentially unchanged since that of the early 1980s when the issue emerged as crucial. The industry uses its experts and the process of cross‐examination of plaintiff's experts to imply that the addictiveness of tobacco and nicotine are more comparable to substances such as caffeine, chocolate, and even milk, than to heroin, cocaine and alcohol. Furthermore, the tobacco industry contends that the definition of addiction has now become so broadened as to include carrots and caffeine and hence that any concurrence that smoking is addictive, does not imply that cigarettes are addictive to the standards that drugs such as heroin and cocaine are addictive. Finally, the industry has continuously asserted that tobacco users assumed the risks of tobacco since they understood that quitting could be difficult when they began to use, and moreover, that the main barrier to cessation is lack of desire or motivation to quit and not physical addiction. These positions have been maintained through the 2004–2005 US Government litigation that was ongoing as the time of this writing. PMID:17130621

Practitioners and saints: medical men in canonization processes in the thirteenth to fifteenth centuries.

PubMed

Ziegler, J

1999-08-01

This article shows that recourse to expert medical judgement for authenticating miracles has medieval roots which lead to the thirteenth century. It provides a survey of those cases in the printed versions of canonization processes from c. 1200 to c. 1500 where medical men actively appeared as witnesses. It shows how, from the second half of the thirteenth century, many canonization processes (overwhelmingly in southern Europe) included at least one medical man who witnessed or gave expert testimony as a supplier of medicine. The physicians who appeared as expert witnesses were expected to rule out the possibility that there was a natural explanation for the wonderous cure. To acquire medical confirmation that a certain cure was miraculous seemed highly desirable to those wishing to substantiate claims of sanctity. Physician witnesses were often called upon to evaluate cases of which they had personal knowledge because of the medical know-how they possessed: however, medical science was not considered so universal that any physician could review the case (as is theoretically the case today in the medical council at the Vatican). Thus, to the therapeutic function of physicians and surgeons in southern Europe from the second half of the thirteenth century, a hitherto neglected duty should be added: whenever necessary, the community as well as the local ecclesiastical authorities expected the suppliers of medical services to contribute to the formal recognition of an apparent saint.

Citizens' Perspectives on Disinvestment from Publicly Funded Pathology Tests: A Deliberative Forum.

PubMed

Street, Jackie M; Callaghan, Peta; Braunack-Mayer, Annette J; Hiller, Janet E

2015-12-01

Deliberative forums can be useful tools in policy decision making for balancing citizen voice and community values against dominant interests. To describe the use of a deliberative forum to explore community perspectives on a complex health problem-disinvestment. A deliberative forum of citizens was convened in Adelaide, South Australia, to develop criteria to support disinvestment from public funding of ineffective pathology tests. The case study of potential disinvestment from vitamin B12/folate pathology testing was used to shape the debate. The forum was informed by a systematic review of B12/folate pathology test effectiveness and expert testimony. The citizens identified seven criteria: cost of the test, potential impact on individual health/capacity to benefit, potential cost to society, public good, alternatives to testing, severity of the condition, and accuracy of the test. The participants not only saw these criteria as an interdependent network but also questioned "the authority" of policymakers to make these decisions. Coherence between the criteria devised by the forum and those described by an expert group was considerable, the major differences being that the citizens did not consider equity issues and the experts neglected the "cost" of social and emotional impact of disinvestment on users and the society. Copyright © 2015 International Society for Pharmacoeconomics and Outcomes Research (ISPOR). Published by Elsevier Inc. All rights reserved.

5 CFR 295.203 - Filing requirements for demands or requests for documents or testimony.

Code of Federal Regulations, 2010 CFR

2010-01-01

... outweighs the burden on OPM to produce the records or provide testimony; (5) A statement indicating that the... the employee to prepare for testimony, in travel, and for attendance in the legal proceeding. (c) The...

Pollution of Illinois and Mississippi Rivers by Chicago sewage, a digest of the testimony taken in the case of the State of Missouri v. the State of Illinois and the Sanitary District of Chicago

USGS Publications Warehouse

Leighton, Marshall O.

1907-01-01

The testimony taken in the suit of the State of Missouri against the State of Illinois and the sanitary district of Chicago comprises the best symposium on river pollution, its biological and chemical aspects, and its general and special sanitary significance that has ever been assembled. The contentions of both parties to the suit' are supported by the most eminently qualified men in the United States. The evidence presented and the discussions recorded are therefore of unique importance. The final record of testimony occupies 8,000 printed pages, much of which is irrelevant. This digest of testimony is the result of an attempt to recover the valuable material and present it in concise form. A consistent endeavor has been made by the reviewer to eliminate all personal opinions with reference to the issue and to make an impartial presentation of so much of the testimony as in his opinion appears to be relevant and of scientific importance. It will be well to remember in this connection that any digest of so large a volume of testimony must be the result of a final exercise of personal opinion by the reviewer as to those parts which may best be excluded. Naturally opinions will differ on this point; therefore it will be strange if many of those familiar with the case do not find that certain portions of testimony which they consider most important are passed over in this digest without reference. Controversies between counsel, objections to the admission of testimony, legal technicalities and quibbles, badgering cross-examination, and in general all the testimony introduced for purposes of mere corroboration have been disregarded. The object has been to present a faithful statement of the scientific phases of the testimony to the exclusion, if need be, of the legal aspect of the case. 

40 CFR 179.93 - Testimony.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Testimony. 179.93 Section 179.93 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS FORMAL EVIDENTIARY... the memory or demeanor of the witness is of importance. Written direct testimony shall be in the form...

40 CFR 179.93 - Testimony.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 40 Protection of Environment 25 2013-07-01 2013-07-01 false Testimony. 179.93 Section 179.93 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS FORMAL EVIDENTIARY... the memory or demeanor of the witness is of importance. Written direct testimony shall be in the form...

40 CFR 179.93 - Testimony.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 40 Protection of Environment 25 2012-07-01 2012-07-01 false Testimony. 179.93 Section 179.93 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS FORMAL EVIDENTIARY... the memory or demeanor of the witness is of importance. Written direct testimony shall be in the form...

40 CFR 179.93 - Testimony.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 40 Protection of Environment 24 2014-07-01 2014-07-01 false Testimony. 179.93 Section 179.93 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS FORMAL EVIDENTIARY... the memory or demeanor of the witness is of importance. Written direct testimony shall be in the form...

40 CFR 179.93 - Testimony.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 40 Protection of Environment 24 2011-07-01 2011-07-01 false Testimony. 179.93 Section 179.93 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS FORMAL EVIDENTIARY... the memory or demeanor of the witness is of importance. Written direct testimony shall be in the form...

Do Jurors Get What They Expect? Traditional versus Alternative Forms of Children's Testimony

PubMed Central

McAuliff, Bradley D.; Kovera, Margaret Bull

2011-01-01

This study examined prospective jurors' expectancies for the verbal and nonverbal behavior of a child testifying in a sexual abuse case. Community members (N = 261) reporting for jury duty completed a survey in which they described their expectancies for how a child alleging sexual abuse would appear when testifying and their beliefs about discerning children's truthfulness, testimony stress, and fairness to trial parties. Within this survey, we varied the child's age (5, 10, or 15 years old), type of abuse alleged (vaginal fondling or penetration), and whether the abuse actually occurred (yes, no) between participants across five different testimony conditions (traditional live in-court, support person present, closed-circuit television, preparation, and videotape) within each participant. Participants expected a child providing traditional testimony to be more nervous, tearful, and fidgety; less confident, cooperative, and fluent; and to maintain less eye contact and provide shorter responses than when the child provided alternative forms of testimony. Participants believed it was easiest to determine a child's truthfulness and fairest to the defendant when the child testified live in court, but that this form of testimony was the most stressful and unfair to the child. Expectancies and beliefs differed within the alternative forms of testimony as well. Negative evaluations of children's alternative testimony may be the result of expectancy violation; namely, jurors expect differences in children's verbal and nonverbal behavior as a result of accommodation, but those differences actually do not occur. PMID:22523466

Testimony Work with Bosnian Refugees: Living in Legal Limbo.

ERIC Educational Resources Information Center

Luebben, Sabine

2003-01-01

Introduces testimony project for traumatized Bosnian refugees in Frankfurt, Germany. Method used in combination with supportive therapy and informed advocacy to reduce survivors' feelings of humiliation and demoralization. Survivors benefited psychologically. Testimony material documented human rights abuse both in country of origin and exile,…

Congressional Testimony: Testimony of Nikki Tinsley Before the Subcommittee on Energy Policy, Natural Resources and Regulatory Affairs Committee on Government Reform United States House

EPA Pesticide Factsheets

Testimony of the Honorable Nikki Tinsley Inspector General U.S. EPA Before the Subcommittee on Energy Policy, Natural Resources and Regulatory Affairs Committee on Government Reform United States House of Representatives

50 CFR 18.87 - Direct testimony.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false Direct testimony. 18.87 Section 18.87 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED... PLANTS (CONTINUED) MARINE MAMMALS Notice and Hearing on Section 103 Regulations § 18.87 Direct testimony...

50 CFR 18.87 - Direct testimony.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 50 Wildlife and Fisheries 8 2011-10-01 2011-10-01 false Direct testimony. 18.87 Section 18.87 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED... PLANTS (CONTINUED) MARINE MAMMALS Notice and Hearing on Section 103 Regulations § 18.87 Direct testimony...

50 CFR 18.87 - Direct testimony.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 50 Wildlife and Fisheries 9 2013-10-01 2013-10-01 false Direct testimony. 18.87 Section 18.87 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED... PLANTS (CONTINUED) MARINE MAMMALS Notice and Hearing on Section 103 Regulations § 18.87 Direct testimony...

50 CFR 18.87 - Direct testimony.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 50 Wildlife and Fisheries 9 2012-10-01 2012-10-01 false Direct testimony. 18.87 Section 18.87 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR (CONTINUED... PLANTS (CONTINUED) MARINE MAMMALS Notice and Hearing on Section 103 Regulations § 18.87 Direct testimony...

5 CFR 1216.207 - Restrictions that apply to testimony.

Code of Federal Regulations, 2010 CFR

2010-01-01

.... 1216.207 Section 1216.207 Administrative Personnel MERIT SYSTEMS PROTECTION BOARD ORGANIZATION AND... LEGAL PROCEEDINGS Demands or Requests for Testimony and Production of Documents § 1216.207 Restrictions... requester and other parties to the legal proceeding to agree that the transcript of the testimony will be...

Giving Voice: Autobiographical/Testimonial Literature by First Nations Women of British Columbia.

ERIC Educational Resources Information Center

Beard, Laura J.

2000-01-01

Discusses various definitions of the "testimonial" and characteristics that distinguish it from related literary genres. Examines autobiographical and testimonial literature by Native women of British Columbia, focusing on first-hand accounts of student experiences in Indian residential schools. Contains 29 references. (SV)

Standard of care: the legal view.

PubMed

Curley, Arthur W; Peltier, Bruce

2014-01-01

The standard of care is a legal construct, a line defined by juries, based on expert testimony, marking a point where treatment failed to meet expectations for what a reasonable professional would have done. There is no before-the-fact objective definition of this standard, except for cases of law and regulation, such as the Occupational Safety and Health Admintration (OSHA). Practitioners must use their judgment in determining what would be acceptable should a case come to trial. Professional codes of conduct and acting in the patient's best interests are helpful guides to practicing within the standard of care. Continuing education credit is available for this and the following article together online at www.dentalethics.org for those who wish to complete the quiz and exercises associated with them (see Course 22).

Adults usually believe young children: the influence of eliciting questions and suggestibility presentations on perceptions of children's disclosures.

PubMed

Laimon, Rachel L; Poole, Debra A

2008-12-01

Do people realize the danger of asking misinformed children yes-no questions? Study 1 confirmed that disclosures children made during free recall in an earlier suggestibility study were more accurate than disclosures following "yes" responses to yes-no questions, which in turn were more accurate than disclosures following "no" responses. In Studies 2 and 3, college students watched interviews of children and judged the veracity of these three disclosure patterns. Participants generally believed false reports representing the first two patterns, although watching expert testimony that included a videotaped example of a false report reduced trust in prompted disclosures. Results document the need to inform forensic decision-makers about the circumstances associated with erroneous responses to yes-no questions.

Congressional Testimony: Testimony of Nikki L. Tinsley Before the Subcommittee on Water Resources and the Environment Committee on Transportation and Infrastructure United States House of Representati

EPA Pesticide Factsheets

Testimony of Nikki L. Tinsley Inspector General U.S. Environmental Protection Agency before the Subcommittee on Water Resources and the Environment Committee on Transportation and Infrastructure United States House of Representatives

78 FR 72850 - Production of Nonpublic Records and Testimony of OPIC Employees in Legal Proceedings

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-04

... sufficient time to obtain it by deposition. The Vice-President/General Counsel may well deny a request for testimony at a legal proceeding unless you explain why you could not have used deposition testimony instead. The Vice-President/General Counsel will [[Page 72851

12 CFR 390.84 - Rights of witnesses.

Code of Federal Regulations, 2012 CFR

2012-01-01

... has given. During the taking of the testimony of a witness, such attorney may make summary notes... before, during, and after the taking of his testimony and may briefly question the witness, on the record... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 390.84 - Rights of witnesses.

Code of Federal Regulations, 2014 CFR

2014-01-01

... has given. During the taking of the testimony of a witness, such attorney may make summary notes... before, during, and after the taking of his testimony and may briefly question the witness, on the record... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 512.5 - Rights of witnesses.

Code of Federal Regulations, 2014 CFR

2014-01-01

... has given. During the taking of the testimony of a witness, such attorney may make summary notes... before, during, and after the taking of his testimony and may briefly question the witness, on the record... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 512.5 - Rights of witnesses.

Code of Federal Regulations, 2010 CFR

2010-01-01

... has given. During the taking of the testimony of a witness, such attorney may make summary notes... before, during, and after the taking of his testimony and may briefly question the witness, on the record... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 238.115 - Rights of witnesses.

Code of Federal Regulations, 2013 CFR

2013-01-01

... has given. During the taking of the testimony of a witness, such attorney may make summary notes... before, during, and after the taking of his testimony and may briefly question the witness, on the record... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 512.5 - Rights of witnesses.

Code of Federal Regulations, 2013 CFR

2013-01-01

... has given. During the taking of the testimony of a witness, such attorney may make summary notes... before, during, and after the taking of his testimony and may briefly question the witness, on the record... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 512.5 - Rights of witnesses.

Code of Federal Regulations, 2011 CFR

2011-01-01

... has given. During the taking of the testimony of a witness, such attorney may make summary notes... before, during, and after the taking of his testimony and may briefly question the witness, on the record... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 238.115 - Rights of witnesses.

Code of Federal Regulations, 2012 CFR

2012-01-01

... has given. During the taking of the testimony of a witness, such attorney may make summary notes... before, during, and after the taking of his testimony and may briefly question the witness, on the record... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 390.84 - Rights of witnesses.

Code of Federal Regulations, 2013 CFR

2013-01-01

... has given. During the taking of the testimony of a witness, such attorney may make summary notes... before, during, and after the taking of his testimony and may briefly question the witness, on the record... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 238.115 - Rights of witnesses.

Code of Federal Regulations, 2014 CFR

2014-01-01

... has given. During the taking of the testimony of a witness, such attorney may make summary notes... before, during, and after the taking of his testimony and may briefly question the witness, on the record... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 512.5 - Rights of witnesses.

Code of Federal Regulations, 2012 CFR

2012-01-01

... has given. During the taking of the testimony of a witness, such attorney may make summary notes... before, during, and after the taking of his testimony and may briefly question the witness, on the record... permitted to be present during the taking of testimony of any other witness called in such proceeding...

22 CFR 172.4 - Testimony and production of documents prohibited unless approved by appropriate Department...

Code of Federal Regulations, 2010 CFR

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Testimony and production of documents... DEPARTMENT OF STATE ACCESS TO INFORMATION SERVICE OF PROCESS; PRODUCTION OR DISCLOSURE OF OFFICIAL... § 172.4 Testimony and production of documents prohibited unless approved by appropriate Department...

76 FR 62856 - Nixon Presidential Historical Materials: Opening of Materials

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-11

... the transcript of President Richard M. Nixon's grand jury testimony of June 23-24, 1975, and... President Nixon's grand jury testimony include segments of five transcripts of Nixon White House taped... transcripts associated with the grand jury testimony of President Nixon will be made available to the public...

5 CFR 1216.203 - Filing requirements for litigants seeking documents or testimony.

Code of Federal Regulations, 2010 CFR

2010-01-01

... documents or testimony. 1216.203 Section 1216.203 Administrative Personnel MERIT SYSTEMS PROTECTION BOARD... OFFICIAL RECORDS IN LEGAL PROCEEDINGS Demands or Requests for Testimony and Production of Documents § 1216... written request must contain the following information: (1) The caption of the legal proceeding, docket...

20 CFR 403.135 - What happens to your application for testimony?

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false What happens to your application for testimony? 403.135 Section 403.135 Employees' Benefits SOCIAL SECURITY ADMINISTRATION TESTIMONY BY EMPLOYEES AND THE PRODUCTION OF RECORDS AND INFORMATION IN LEGAL PROCEEDINGS § 403.135 What happens to your...

20 CFR 403.120 - How do you request testimony?

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false How do you request testimony? 403.120 Section 403.120 Employees' Benefits SOCIAL SECURITY ADMINISTRATION TESTIMONY BY EMPLOYEES AND THE PRODUCTION...: Social Security Administration, Office of the General Counsel, Office of General Law, P.O. Box 17788...

26 CFR 301.9000-6 - Examples.

Code of Federal Regulations, 2012 CFR

2012-04-01

... suit for refund requests testimony from an IRS revenue agent. This is an IRS matter. A testimony... of Justice attorney representing the IRS in a suit for refund asks that the IRS revenue agent be made... refund suit involving Taxpayer A. The testimony may include tax convention information, as defined in...

26 CFR 301.9000-6 - Examples.

Code of Federal Regulations, 2013 CFR

2013-04-01

... suit for refund requests testimony from an IRS revenue agent. This is an IRS matter. A testimony... of Justice attorney representing the IRS in a suit for refund asks that the IRS revenue agent be made... refund suit involving Taxpayer A. The testimony may include tax convention information, as defined in...

26 CFR 301.9000-6 - Examples.

Code of Federal Regulations, 2014 CFR

2014-04-01

... suit for refund requests testimony from an IRS revenue agent. This is an IRS matter. A testimony... of Justice attorney representing the IRS in a suit for refund asks that the IRS revenue agent be made... refund suit involving Taxpayer A. The testimony may include tax convention information, as defined in...

26 CFR 301.9000-6 - Examples.

Code of Federal Regulations, 2011 CFR

2011-04-01

... suit for refund requests testimony from an IRS revenue agent. This is an IRS matter. A testimony... of Justice attorney representing the IRS in a suit for refund asks that the IRS revenue agent be made... refund suit involving Taxpayer A. The testimony may include tax convention information, as defined in...

Interactions Between Knowledge and Testimony in Children’s Reality-Status Judgments

PubMed Central

Lopez-Mobilia, Gabriel; Woolley, Jacqueline D.

2016-01-01

In two studies we attempt to capture the information processing abilities underlying children’s reality-status judgments. Forty 5- to 6-year-olds and 53 7- to 8-year-olds heard about novel entities (animals) that varied in their fit with children’s world knowledge. After hearing about each entity, children could either guess reality status immediately or listen to testimony first. Informants varied in their expertise and in their testimony, which either supported or refuted the entities’ existence. Results revealed that children were able to evaluate the fit between the new information and their existing knowledge; this information then governed their decision regarding whether to seek testimony. Testimony had the strongest effect when new information did not conflict with, but was also not representative of, children’s knowledge. PMID:28190976

Crime and hypnosis in fin-de-siècle Germany: the Czynski case

PubMed Central

Wolffram, Heather

2017-01-01

Lurid tales of the criminal use of hypnosis captured both popular and scholarly attention across Europe during the closing decades of the nineteenth century, culminating not only in the invention of fictional characters such as du Maurier's Svengali but also in heated debates between physicians over the possibilities of hypnotic crime and the application of hypnosis for forensic purposes. The scholarly literature and expert advice that emerged on this topic at the turn of the century highlighted the transnational nature of research into hypnosis and the struggle of physicians in a large number of countries to prise hypnotism from the hands of showmen and amateurs once and for all. Making use of the 1894 Czynski trial, in which a Baroness was putatively hypnotically seduced by a magnetic healer, this paper will examine the scientific, popular and forensic tensions that existed around hypnotism in the German context. Focusing, in particular, on the expert testimony about hypnosis and hypnotic crime during this case, the paper will show that, while such trials offered opportunities to criminalize and pathologize lay hypnosis, they did not always provide the ideal forum for settling scientific questions or disputes.

Knowledge from Testimony: Benefits and Dangers

ERIC Educational Resources Information Center

Moran, Seán

2013-01-01

Testimony is an important source of knowledge in many contexts, including that of education, but the notion of the teacher as testifier is not often discussed. Since much that is believed by individuals has come to them not from direct experience but by accepting the accounts of others, the trustworthiness of their interlocutors' testimonies,…

12 CFR 112.5 - Rights of witnesses.

Code of Federal Regulations, 2012 CFR

2012-01-01

... witness has given. During the taking of the testimony of a witness, such attorney may make summary notes... witness before, during, and after the taking of his testimony and may briefly question the witness, on the... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 112.5 - Rights of witnesses.

Code of Federal Regulations, 2014 CFR

2014-01-01

... witness has given. During the taking of the testimony of a witness, such attorney may make summary notes... witness before, during, and after the taking of his testimony and may briefly question the witness, on the... permitted to be present during the taking of testimony of any other witness called in such proceeding...

12 CFR 112.5 - Rights of witnesses.

Code of Federal Regulations, 2013 CFR

2013-01-01

... witness has given. During the taking of the testimony of a witness, such attorney may make summary notes... witness before, during, and after the taking of his testimony and may briefly question the witness, on the... permitted to be present during the taking of testimony of any other witness called in such proceeding...

Using Testimonial Response to Frame the Challenges and Possibilities of Risky Historical Texts

ERIC Educational Resources Information Center

Damico, James; Apol, Laura

2008-01-01

Literature that vividly and explicitly describes (often in the form of testimonies from one or more characters) traumatic and/or catastrophic events of human history poses particular challenges for readers. This article proposes testimonial response as one approach to responding to these "risky historical texts." By way of introducing "testimonial…

36 CFR 703.17 - Procedures when testimony and/or documents are demanded.

Code of Federal Regulations, 2010 CFR

2010-07-01

.../or documents are demanded. 703.17 Section 703.17 Parks, Forests, and Public Property LIBRARY OF CONGRESS DISCLOSURE OR PRODUCTION OF RECORDS OR INFORMATION Testimony by Employees and Production of Documents in Certain Legal Proceedings Where the Library Is Not a Party § 703.17 Procedures when testimony...

10 CFR 1707.203 - Filing requirements for demands or requests for documents or testimony.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 10 Energy 4 2014-01-01 2014-01-01 false Filing requirements for demands or requests for documents or testimony. 1707.203 Section 1707.203 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY...) The Defense Nuclear Facilities Safety Board reserves the right to require additional information to...

10 CFR 1707.203 - Filing requirements for demands or requests for documents or testimony.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 10 Energy 4 2013-01-01 2013-01-01 false Filing requirements for demands or requests for documents or testimony. 1707.203 Section 1707.203 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY...) The Defense Nuclear Facilities Safety Board reserves the right to require additional information to...

10 CFR 1707.203 - Filing requirements for demands or requests for documents or testimony.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Filing requirements for demands or requests for documents or testimony. 1707.203 Section 1707.203 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY...) The Defense Nuclear Facilities Safety Board reserves the right to require additional information to...

10 CFR 1707.203 - Filing requirements for demands or requests for documents or testimony.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 10 Energy 4 2012-01-01 2012-01-01 false Filing requirements for demands or requests for documents or testimony. 1707.203 Section 1707.203 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY...) The Defense Nuclear Facilities Safety Board reserves the right to require additional information to...

45 CFR 1201.6 - Procedure when testimony or production of documents is sought.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Procedure when testimony or production of...) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE PRODUCTION OR DISCLOSURE OF OFFICIAL INFORMATION IN RESPONSE TO... CONNECTION WITH FEDERAL OR STATE LITIGATION § 1201.6 Procedure when testimony or production of documents is...

45 CFR 615.5 - Legal proceedings between private litigants: Testimony and production of documents.

Code of Federal Regulations, 2012 CFR

2012-10-01

... Welfare (Continued) NATIONAL SCIENCE FOUNDATION TESTIMONY AND PRODUCTION OF RECORDS § 615.5 Legal... employee may testify as to facts within his or her personal knowledge, but, unless specifically authorized...) Testify as to facts when the General Counsel determines such testimony would not be in the best interest...

45 CFR 615.5 - Legal proceedings between private litigants: Testimony and production of documents.

Code of Federal Regulations, 2011 CFR

2011-10-01

... Welfare (Continued) NATIONAL SCIENCE FOUNDATION TESTIMONY AND PRODUCTION OF RECORDS § 615.5 Legal... employee may testify as to facts within his or her personal knowledge, but, unless specifically authorized...) Testify as to facts when the General Counsel determines such testimony would not be in the best interest...

45 CFR 615.5 - Legal proceedings between private litigants: Testimony and production of documents.

Code of Federal Regulations, 2013 CFR

2013-10-01

... Welfare (Continued) NATIONAL SCIENCE FOUNDATION TESTIMONY AND PRODUCTION OF RECORDS § 615.5 Legal... employee may testify as to facts within his or her personal knowledge, but, unless specifically authorized...) Testify as to facts when the General Counsel determines such testimony would not be in the best interest...

45 CFR 615.5 - Legal proceedings between private litigants: Testimony and production of documents.

Code of Federal Regulations, 2014 CFR

2014-10-01

... Welfare (Continued) NATIONAL SCIENCE FOUNDATION TESTIMONY AND PRODUCTION OF RECORDS § 615.5 Legal... employee may testify as to facts within his or her personal knowledge, but, unless specifically authorized...) Testify as to facts when the General Counsel determines such testimony would not be in the best interest...

45 CFR 615.5 - Legal proceedings between private litigants: Testimony and production of documents.

Code of Federal Regulations, 2010 CFR

2010-10-01

... Welfare (Continued) NATIONAL SCIENCE FOUNDATION TESTIMONY AND PRODUCTION OF RECORDS § 615.5 Legal... employee may testify as to facts within his or her personal knowledge, but, unless specifically authorized...) Testify as to facts when the General Counsel determines such testimony would not be in the best interest...

75 FR 13306 - Copyright Royalty Judges’ Authority to Subpoena a Nonparticipant to Appear and Give Testimony or...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-19

.... 1305 (Office of Personnel Management & Merit Systems Protection Board may ``subpena witnesses and... or the vice chairman, the attendance and testimony of witnesses and the production of all documentary... the attendance and testimony of a witness, versus the mere authority to subpoena documentary...

Surface transportation : prospects for innovation through research, intelligent transportation systems, state infrastructure banks, and design-build contracting : testimony before the Subcommittee on Transportation and Infrastructure, Committee on Environ

DOT National Transportation Integrated Search

1997-03-06

This testimony describes how innovation in federal research, financing and contracting methods has the potential for improving the performance of the nation's surface transportation system. The testimony is based on three reports on the reauthorizati...

7 CFR 900.40 - Written testimony and USDA data request requirements.

Code of Federal Regulations, 2011 CFR

2011-01-01

... the day of appearance at the hearing. Industry requests for preparation of USDA data for a rulemaking... 7 Agriculture 8 2011-01-01 2011-01-01 false Written testimony and USDA data request requirements... and Nut Marketing Agreements and Marketing Orders § 900.40 Written testimony and USDA data request...

7 CFR 900.40 - Written testimony and USDA data request requirements.

Code of Federal Regulations, 2010 CFR

2010-01-01

... the day of appearance at the hearing. Industry requests for preparation of USDA data for a rulemaking... 7 Agriculture 8 2010-01-01 2010-01-01 false Written testimony and USDA data request requirements... and Nut Marketing Agreements and Marketing Orders § 900.40 Written testimony and USDA data request...

40 CFR 2.402 - Policy on presentation of testimony and production of documents.

Code of Federal Regulations, 2010 CFR

2010-07-01

... GENERAL PUBLIC INFORMATION Testimony by Employees and Production of Documents in Civil Legal Proceedings Where the United States Is Not a Party § 2.402 Policy on presentation of testimony and production of... request of a State or local government or State legislative committee. (b) Except as permitted by...

21 CFR 20.1 - Testimony by Food and Drug Administration employees.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 21 Food and Drugs 1 2010-04-01 2010-04-01 false Testimony by Food and Drug Administration employees. 20.1 Section 20.1 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN... laws administered by the Food and Drug Administration, shall give any testimony before any tribunal...

Early testimonial learning: monitoring speech acts and speakers.

PubMed

Stephens, Elizabeth; Suarez, Sarah; Koenig, Melissa

2015-01-01

Testimony provides children with a rich source of knowledge about the world and the people in it. However, testimony is not guaranteed to be veridical, and speakers vary greatly in both knowledge and intent. In this chapter, we argue that children encounter two primary types of conflicts when learning from speakers: conflicts of knowledge and conflicts of interest. We review recent research on children's selective trust in testimony and propose two distinct mechanisms supporting early epistemic vigilance in response to the conflicts associated with speakers. The first section of the chapter focuses on the mechanism of coherence checking, which occurs during the process of message comprehension and facilitates children's comparison of information communicated through testimony to their prior knowledge, alerting them to inaccurate, inconsistent, irrational, and implausible messages. The second section focuses on source-monitoring processes. When children lack relevant prior knowledge with which to evaluate testimonial messages, they monitor speakers themselves for evidence of competence and morality, attending to cues such as confidence, consensus, access to information, prosocial and antisocial behavior, and group membership. © 2015 Elsevier Inc. All rights reserved.

Testimony therapy: treatment method for traumatized victims of organized violence.

PubMed

van Dijk, Janie A; Schoutrop, Mirjam J A; Spinhoven, Philip

2003-01-01

Former political prisoners in Chile gave testimony of their traumatic experiences, which resulted in diminishing their posttraumatic symptoms. Based on this experience, testimony therapy has been developed and used in treatment of traumatized victims of war or other organized violence. This short-term therapy, as it applied in the treatment of traumatized asylum seekers and refugees in Centrum '45/De Vonk in the Netherlands, is described in this article. The therapy consists of 12 sessions in which patients tell their life stories, including the traumatic experiences. The narrative is reflected in a written document that, for example, can be read to family and friends, or be sent to a historical archive. This article discusses the preliminary research data on the effects of testimony therapy. Finally, hypotheses on the working mechanisms of testimony therapy are offered.

From Empathy to Critical Reflection: The Use of Testimonies in The Training of Holocaust Educators

ERIC Educational Resources Information Center

Bornstein, Lilach Naishtat; Naveh, Eyal

2018-01-01

How can we bridge the emotional and cognitive study of Holocaust testimonies in Israel? Can empathy be used as a stepping stone to critical reflection? And how can teachers address the manipulative popular interpretation of these testimonies in Israel, which seemingly place them beyond critical reflection? We examine these questions through an…

12 CFR 1101.5 - Testimony and production of documents in response to subpoena, order, etc.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Testimony and production of documents in response to subpoena, order, etc. 1101.5 Section 1101.5 Banks and Banking FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL DESCRIPTION OF OFFICE, PROCEDURES, PUBLIC INFORMATION § 1101.5 Testimony and production of...

Testimony Presented at an Open Hearing of the National Commission on Excellence in Teacher Education (Minneapolis, Minnesota, September 25-26, 1984).

ERIC Educational Resources Information Center

1984

Testimony was presented by representatives of the St. Croix Valley Association of Teacher Educators (SVCATE) and the Minnesota Association of School Administrators (MASA). SCVATE recommendations are presented on the topics of teacher recruitment, preservice teacher education, inservice teacher education, and teacher retention. MASA testimony,…

24 CFR 15.203 - Making a demand for production of material or provision of testimony.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Making a demand for production of... INFORMATION ACT AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES Production of Material or... demand for production of material or provision of testimony. (a) Any demand made to the Department or an...

36 CFR 703.17 - Procedures when testimony and/or documents are demanded.

Code of Federal Regulations, 2011 CFR

2011-07-01

.../or documents are demanded. 703.17 Section 703.17 Parks, Forests, and Public Property LIBRARY OF... Documents in Certain Legal Proceedings Where the Library Is Not a Party § 703.17 Procedures when testimony and/or documents are demanded. A demand for testimony and/or documents by a Library employee must be...

36 CFR 703.17 - Procedures when testimony and/or documents are demanded.

Code of Federal Regulations, 2014 CFR

2014-07-01

.../or documents are demanded. 703.17 Section 703.17 Parks, Forests, and Public Property LIBRARY OF... Documents in Certain Legal Proceedings Where the Library Is Not a Party § 703.17 Procedures when testimony and/or documents are demanded. A demand for testimony and/or documents by a Library employee must be...

36 CFR 703.17 - Procedures when testimony and/or documents are demanded.

Code of Federal Regulations, 2012 CFR

2012-07-01

.../or documents are demanded. 703.17 Section 703.17 Parks, Forests, and Public Property LIBRARY OF... Documents in Certain Legal Proceedings Where the Library Is Not a Party § 703.17 Procedures when testimony and/or documents are demanded. A demand for testimony and/or documents by a Library employee must be...

27 CFR 70.803 - Requests or demands for disclosure in testimony and in related matters.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 27 Alcohol, Tobacco Products and Firearms 2 2010-04-01 2010-04-01 false Requests or demands for disclosure in testimony and in related matters. 70.803 Section 70.803 Alcohol, Tobacco Products and Firearms... PROCEDURE AND ADMINISTRATION Disclosure § 70.803 Requests or demands for disclosure in testimony and in...

26 CFR 301.7456-1 - Administration of oaths and procurement of testimony; production of records of foreign...

Code of Federal Regulations, 2010 CFR

2010-04-01

... Actions by the United States § 301.7456-1 Administration of oaths and procurement of testimony; production... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Administration of oaths and procurement of testimony; production of records of foreign corporations, foreign trusts or estates and nonresident alien...

Trust in Testimony: How Children Learn about Science and Religion

ERIC Educational Resources Information Center

Harris, Paul L.; Koenig, Melissa A.

2006-01-01

Many adult beliefs are based on the testimony provided by other people rather than on firsthand observation. Children also learn from other people's testimony. For example, they learn that mental processes depend on the brain, that the earth is spherical, and that hidden bodily organs constrain life and death. Such learning might indicate that…

11 CFR 9409.5 - Procedures for demand for testimony or production of documents.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 11 Federal Elections 1 2010-01-01 2010-01-01 false Procedures for demand for testimony or... § 9409.5 Procedures for demand for testimony or production of documents. (a) A demand directed to the... New York Avenue, NW., Suite 1100, Washington, DC 20005. Acceptance of a demand shall not constitute an...

15 CFR 15.14 - Demand for testimony or production of documents: Department procedures.

Code of Federal Regulations, 2011 CFR

2011-01-01

... represented by an attorney, to refine or limit a demand so that compliance is less burdensome or obtain... 15 Commerce and Foreign Trade 1 2011-01-01 2011-01-01 false Demand for testimony or production of....14 Demand for testimony or production of documents: Department procedures. (a) Whenever a demand for...

[Sexual offences--selected cases].

PubMed

Łabecka, Marzena; Jarzabek-Bielecka, Grazyna; Lorkiewicz-Muszyńska, Dorota

2013-04-01

Expert testimony on violence victims also includes victims of sexual assault. The role of an expert is to classify the injuries by their severity as defined in art. 157 156 or 217 of the Criminal Code pertaining to crimes against health and life. Also, the role of an expert opinion is to determine whether the injuries identified during the exam occurred at the time and under the circumstances stated in medical history. The examination of sexual assault victims is conducted by two experts: a gynecologist and a forensic physician. Most examinations are performed at different times and various medical centers. The conclusions are presented in an official report. Regardless of victim age, all sexual crimes are investigated ex officio by the Police Department and the Prosecutor's Office. Further legal classification of criminal offenses is the task of an appropriate legal body and the offenses are codified in accordance with the provisions of chapter XXV of the Criminal Code, articles 197 - 205. In controversial cases, i.e. when two different expert opinions appear on the same case, or if, according to the law enforcement, a medical opinion is insufficient for some reason, an appropriate expert or team of experts is appointed to resolve the problem. To present selected cases of sexual violence victims treated at the Department of Gynecology and assessed at the Department of Forensic Medicine with reference to the challenges regarding qualification of the sustained injuries and clinical diagnoses. Research material included selected forensic opinions developed for law enforcement offices that involved victims of sexual violence. The expert opinions were prepared either on the basis of submitted evidence, or both, submitted evidence and examination of the victim at the Department of Forensic Medicine. Moreover the article presents a case of a patient examined and treated at the Department of Gynecology in Poznan. Based on the selected cases, the authors conclude that a medico-legal expert cannot uncritically accept previous diagnoses. Moreover every expert is given the right and obligation to verify them. The need for complete, rapid and almost simultaneous colaboration between physicians in charge of the case, forensic doctors, police officers and prosecutors was demonstrated. Lack of cooperation may give rise to different opinions, leading to unnecessary elongation of the medico-legal procedures. It was observed that time plays a crucial role if qualification of an injury is required. The obligation of medical staff to inform the law enforcement about all cases of child abuse was also emphasized.

36 CFR § 703.17 - Procedures when testimony and/or documents are demanded.

Code of Federal Regulations, 2013 CFR

2013-07-01

.../or documents are demanded. § 703.17 Section § 703.17 Parks, Forests, and Public Property LIBRARY OF... Documents in Certain Legal Proceedings Where the Library Is Not a Party § 703.17 Procedures when testimony and/or documents are demanded. A demand for testimony and/or documents by a Library employee must be...

Testimony and Narrative as a Political Relation: The Question of Ethical Judgment in Education

ERIC Educational Resources Information Center

Adami, Rebecca; Hållander, Marie

2015-01-01

In this article, we explore the role of film in educational settings and argue that testimony and narrative are dependent upon each other for developing ethical judgments. We use the film "12 Angry Men" to enhance our thesis that the emotional response that sometimes is intended in using film as testimonies in classrooms requires a…

12 CFR 404.30 - Factors General Counsel may consider in determining whether to authorize testimony and/or the...

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Factors General Counsel may consider in determining whether to authorize testimony and/or the production of records. 404.30 Section 404.30 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Demands for Testimony of Current...

The impact of testimony on children's moralization of novel actions.

PubMed

Rottman, Joshua; Young, Liane; Kelemen, Deborah

2017-08-01

What leads children to moralize actions that cause no apparent harm? We hypothesized that adults' verbal instruction ("testimony"), as well as emotions such as disgust, would influence children's moralization of apparently harmless actions. To test this hypothesis, 7-year-old children were asked to render moral judgments of novel, seemingly victimless, body-directed or nature-directed actions after being exposed to adults' testimony or to an emotional induction. Study 1 demonstrated that children became more likely to judge actions as "wrong" upon being verbally presented with testimony about disgust or anger-but not upon being directly induced to feel disgusted. Study 2 established that principle-based testimony is an even more powerful source of moralization, and additionally found long-term retention of newly formed moral beliefs. These studies also indicated that children frequently lack introspective insight into the sources of their newly acquired moral reactions; they often invoked welfare-based concerns in their explanations regardless of experimental condition. In sum, this research demonstrates that children rapidly and enduringly moralize entirely unfamiliar, apparently innocuous actions upon exposure to a diverse array of morally relevant testimony. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

Potential environmental effects of 765-kV transmission lines: views before the New York State Public Service Commission, Cases 26529 and 26559, 1976-1978

DOE Office of Scientific and Technical Information (OSTI.GOV)

Scott-Walton, B.; Clark, K. M.; Holt, B. R.

1979-11-01

Testimony given before the New York Public Service Commission in two recent cases on the potential environmental effects of 765-kV overhead ac transmission lines is reviewed. The testimony focused on the potential effects of audible noise, on the potential biological effects of the electromagnetic fields, on the potential for electric shocks to people who touch vehicles parked under the proposed lines, on the potential effects of the electromagnetic fields on electronic cardiac pacemakers, and on potential effects of ozone produced by corona discharge from the lines. The testimony fully explored these questions; however, it did not resolve all of them.more » The testimony indicates potential impacts from the audible noise and from the electrostatic shocks that people can receive when they touch a large vehicle parked under the lines. The testimony also indicates that certain cardiac pacemaker and lead combinations may, under certain circumstances, undergo reversion to a fixed rate of pacing in the presence of the fields under the lines, but that little risk to cardiac patients results except possibly for those patients for whom competition between the heart's own rate and the pacemaker rate presents a health risk. The testimony fails to demonstrate biological hazards from the field; further research is necessary to understand better the effects of the fields on biological systems. The testimony indicates that ozone produced by the lines will not significantly affect the environment.« less

Why eyewitnesses fail

PubMed Central

Albright, Thomas D.

2017-01-01

Eyewitness identifications play an important role in the investigation and prosecution of crimes, but it is well known that eyewitnesses make mistakes, often with serious consequences. In light of these concerns, the National Academy of Sciences recently convened a panel of experts to undertake a comprehensive study of current practice and use of eyewitness testimony, with an eye toward understanding why identification errors occur and what can be done to prevent them. The work of this committee led to key findings and recommendations for reform, detailed in a consensus report entitled Identifying the Culprit: Assessing Eyewitness Identification. In this review, I focus on the scientific issues that emerged from this study, along with brief discussions of how these issues led to specific recommendations for additional research, best practices for law enforcement, and use of eyewitness evidence by the courts. PMID:28739937

Liability concerns in contraceptive research and development.

PubMed

Segal, S J

1999-12-01

The history of liability claims in the US against contraceptive products is among the issues that discourage manufacturers from investing in discovery and development in this field. Other factors are the high cost of new drug development, elevated insurance rates for contraceptives, and the desire to avoid controversy that can disturb corporate tranquility. General features of the American legal system influence the large number and cost of product liability claims in the US compared to Europe. These differences pertain to issues such as the role of judges, how lawyers receive their compensation, and the use of expert scientific testimony. The history of litigation in the US against pharmaceutical products and devices pertaining to women's health suggests that interventions that involve the reproductive system are held to different standards or elicit different emotional responses than other pharmaceutical products or devices.

A Preliminary Investigation of the Effects of Giving Testimony and Learning Yogic Breathing Techniques on Battered Women's Feelings of Depression

ERIC Educational Resources Information Center

Franzblau, Susan H.; Echevarria, Sonia; Smith, Michelle; Van Cantfort, Thomas E.

2008-01-01

Researchers have shown that mood and sense of control over one's life are significantly affected by testimony and other forms of disclosure and that learning to control breathing has positive effects on mood and anxiety. This preliminary experiment tests whether African American and European American abused women who give testimony about their…

Emergency Management: Status of School Districts' Planning and Preparedness. Testimony before the Committee on Homeland Security, House of Representatives. GAO-07-821T

ERIC Educational Resources Information Center

Ashby, Cornelia M.

2007-01-01

In this testimony before the House Committee on Homeland Security, the Director of the U.S. Government Accountability Office (GAO) discusses the status of school districts' planning and preparedness for emergencies. According to the testimony, federal and state governments support emergency management in school districts with a range of resources…

36 CFR 1251.6 - How does the General Counsel determine whether to comply with a demand for records or testimony?

Code of Federal Regulations, 2011 CFR

2011-07-01

... 36 Parks, Forests, and Public Property 3 2011-07-01 2011-07-01 false How does the General Counsel determine whether to comply with a demand for records or testimony? 1251.6 Section 1251.6 Parks, Forests... testimony or production of records would assist or hinder NARA in performing its statutory duties; (f...

36 CFR 1251.6 - How does the General Counsel determine whether to comply with a demand for records or testimony?

Code of Federal Regulations, 2012 CFR

2012-07-01

... 36 Parks, Forests, and Public Property 3 2012-07-01 2012-07-01 false How does the General Counsel determine whether to comply with a demand for records or testimony? 1251.6 Section 1251.6 Parks, Forests... testimony or production of records would assist or hinder NARA in performing its statutory duties; (f...

36 CFR 1251.6 - How does the General Counsel determine whether to comply with a demand for records or testimony?

Code of Federal Regulations, 2010 CFR

2010-07-01

... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false How does the General Counsel determine whether to comply with a demand for records or testimony? 1251.6 Section 1251.6 Parks, Forests... testimony or production of records would assist or hinder NARA in performing its statutory duties; (f...

36 CFR 1251.6 - How does the General Counsel determine whether to comply with a demand for records or testimony?

Code of Federal Regulations, 2014 CFR

2014-07-01

... 36 Parks, Forests, and Public Property 3 2014-07-01 2014-07-01 false How does the General Counsel determine whether to comply with a demand for records or testimony? 1251.6 Section 1251.6 Parks, Forests... testimony or production of records would assist or hinder NARA in performing its statutory duties; (f...

Teachers as Memory Makers: Testimony in the Making of a New History in South Africa

ERIC Educational Resources Information Center

Dryden-Peterson, Sarah; Sieborger, Rob

2006-01-01

This article examines the use of testimony in the making of a new history in South Africa, situating this phenomenon in the context of public construction of memory and identifying history teachers as critical to the process. Through an ethnographic study of 16 schools that illuminates the use of teacher testimony in Cape Town history classrooms,…

Evidence and argument in policymaking: development of workplace smoking legislation

PubMed Central

Apollonio, Dorie E; Bero, Lisa A

2009-01-01

Background We sought to identify factors that affect the passage of public health legislation by examining the use of arguments, particularly arguments presenting research evidence, in legislative debates regarding workplace smoking restrictions. Methods We conducted a case-study based content analysis of legislative materials used in the development of six state workplace smoking laws, including written and spoken testimony and the text of proposed and passed bills and amendments. We coded testimony given before legislators for arguments used, and identified the institutional affiliations of presenters and their position on the legislation. We compared patterns in the arguments made in testimony to the relative strength of each state's final legislation. Results Greater discussion of scientific evidence within testimony given was associated with the passage of workplace smoking legislation that provided greater protection for public health, regardless of whether supporters outnumbered opponents or vice versa. Conclusion Our findings suggest that an emphasis on scientific discourse, relative to other arguments made in legislative testimony, might help produce political outcomes that favor public health. PMID:19534777

Narrative constructions of historical realities in testimony with Bosnian survivors of "ethnic cleansing".

PubMed

Weine, S; Laub, D

1995-08-01

Mental health care for traumatized refugees includes practices common to mainstream mental health care but also modifications and innovations in technique and approach. One such innovation, the testimony method, was first described by a group of Chilean psychiatrists working with Chilean survivors of torture from political repression (Cienfuego and Monelli 1983). The testimony method has been used as a time-limited psychotherapeutic intervention, often within the context of an extended, supportive psychotherapy. This method consists of asking individuals to tell in detail the story of their experiences of victimization from state-sponsored violence and recording their narrative accounts verbatim. Agger and Jensen's account of this method depicts testimony as a universal practice, appearing in multiple cultures and at different points in history (Agger and Jensen 1990). They also note that testimony simultaneously functions in both the private and public domains; and as confession embodying the person's spiritual, ethical, aesthetic, and philosophical values, and as evidence documenting the occurrence of evil events to the world.

36 CFR 1012.2 - What is the Presidio Trust's policy on granting requests for employee testimony or Presidio Trust...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false What is the Presidio Trust's policy on granting requests for employee testimony or Presidio Trust records? 1012.2 Section 1012.2 Parks, Forests, and Public Property PRESIDIO TRUST LEGAL PROCESS: TESTIMONY BY EMPLOYEES AND PRODUCTION OF RECORDS General Information § 1012.2 What...

36 CFR § 1251.6 - How does the General Counsel determine whether to comply with a demand for records or testimony?

Code of Federal Regulations, 2013 CFR

2013-07-01

... 36 Parks, Forests, and Public Property 3 2013-07-01 2012-07-01 true How does the General Counsel determine whether to comply with a demand for records or testimony? § 1251.6 Section § 1251.6 Parks... testimony or production of records would assist or hinder NARA in performing its statutory duties; (f...

Testimony of Gina Adams, Senior Fellow, Urban Institute. Before the Early Childhood, Elementary, and Secondary Education Subcommittee Hearing on "Improving Early Childhood Development Policies and Practices"

ERIC Educational Resources Information Center

Adams, Gina

2009-01-01

This paper presents the testimony of Gina Adams before the Early Childhood, Elementary, and Secondary Education Subcommittee Hearing on "Improving Early Childhood Development Policies and Practices." This testimony was presented to the House Committee on Education and Labor, U.S. House of Representatives last March 19, 2009. She talks about how…

The Effects of Positive Patient Testimonials on PTSD Treatment Choice

PubMed Central

Pruitt, Larry D.; Zoellner, Lori A.; Feeny, Norah C.; Caldwell, Daniel; Hanson, Robert

2012-01-01

Despite the existence of effective treatment options for PTSD, these treatments are failing to reach those that stand to benefit from PTSD treatment. Understanding the processes underlying an individual’s treatment seeking behavior holds the potential for reducing treatment-seeking barriers. The current study investigates the effects that positive treatment testimonials have on decisions regarding PTSD treatment. An undergraduate (N = 439) and a trauma-exposed community (N = 203) sample were provided with videotaped treatment rationales for prolonged exposure (PE) and sertraline treatments of PTSD. Half of each sample also viewed testimonials, detailing a fictional patient’s treatment experience. All participants then chose among treatment options and rated the credibility of- and personal reactions toward- those options. Among treatment naïve undergraduates, testimonials increased the proportion choosing PE alone; and among treatment naïve members of the trauma-exposed community sample, testimonials increased the proportion choosing a combined PE plus sertraline treatment. These effects were not observed for those with prior history of either psychotherapeutic or pharmacological treatment. Major barriers exist that prevent individuals with PTSD from seeking treatment. For a critical unreached treatment sample, those who are treatment naïve, positive patient testimonials offer a mechanism in which to make effective treatments more appealing and accessible. PMID:23103234

Medicolegal affairs. International Academy of Cytology Task Force summary. Diagnostic Cytology Towards the 21st Century: An International Expert Conference and Tutorial.

PubMed

Frable, W J; Austin, R M; Greening, S E; Collins, R J; Hillman, R L; Kobler, T P; Koss, L G; Mitchell, H; Perey, R; Rosenthal, D L; Sidoti, M S; Somrak, T M

1998-01-01

Increasing litigation over alleged false negative cervical cytologic (CC) smears threatens the viability of this test for cervical cancer detection. The problem appears to be largely American but is beginning to appear in some other countries. In the vast majority of cases there is either a settlement or jury verdict for the plaintiff based largely on the testimony of expert witnesses. Cases are judged on an individual basis without significant consideration of the general performance of the CC smear in laboratories operating in compliance with a wide array of laboratory regulations and with documented and comprehensive quality control practices in place. It is acknowledged that there are problem laboratories and cytology practitioners. There is an emerging issue of automated preparation and screening devices and issues of informed patient consent. Cytology professionals have done an extraordinary and commendable job of educating the public about the benefits of the CC smear. We have been less successful and conscientious about explaining and defining the limitations of the CC test. There is a need for public and professional education as to the benefits and limitations of the CC smear for cervical cancer detection. The process suggested is to work with women's groups, public health agencies, government agencies, and state and national legislatures and to coordinate professional committees working on liability issues. Contextual information could be included with the CC smear report to indicate that a negative report confers a low probability of developing cervical cancer. It is suggested that appropriate language and a menu of statements be developed. Increased efforts should be directed to physician education with respect to informed consent concerning the benefits and limitations of CC smear testing and the application of new technology to improve smear accuracy. The process should include development of appropriate statements on the use of alternative technology. The profession should develop "process guidelines" for review of CC smears in the context of possible litigation, including standardized methods for blind slide review of smears that reduce or eliminate context and outcome bias. It is suggested that review panels be anonymous, that the process be standardized and that there be limitations on liability for participating organizations. Professional cytopathology and pathology societies should formulate acceptable guidelines for expert witnesses. The standards should be applicable to both defendant and plaintiff experts. All materials to the extent practical, including consultant opinions, should be available for peer review. Professional cytopathology and pathology societies should monitor expert testimony for objectivity and scientific accuracy. For the near future, litigation will continue to focus on false negative CC smears on a case-by-case basis. Laboratories and individuals can reduce the risk of malpractice liability by directing their attention to proactive quality control and quality assurance methods. In the final analysis, consumer education about the benefits and limitations of the test is key to limiting malpractice claims. To stem the tide of continued medicolegal challenges to the integrity of cytology practice, the cytology community has now focused its efforts on developing and utilizing standards that convey to patients, attorneys and cytologists the contemporary status of and reasonable expectations for the practice of cytology. Guidelines such as those for uniform reporting terminology and clinical management of cervical abnormalities form the basis of cytology practice standards on which legal standards of practice can be based. Consensus conference reports, clinical management trials and scientifically valid studies of false negative rates that analyze the type, frequency and cause of missed cases represent sounder methods of establishing defensible

On the importance of considering heterogeneity in witnesses' competence levels when reconstructing crimes from multiple witness testimonies.

PubMed

Waubert de Puiseau, Berenike; Greving, Sven; Aßfalg, André; Musch, Jochen

2017-09-01

Aggregating information across multiple testimonies may improve crime reconstructions. However, different aggregation methods are available, and research on which method is best suited for aggregating multiple observations is lacking. Furthermore, little is known about how variance in the accuracy of individual testimonies impacts the performance of competing aggregation procedures. We investigated the superiority of aggregation-based crime reconstructions involving multiple individual testimonies and whether this superiority varied as a function of the number of witnesses and the degree of heterogeneity in witnesses' ability to accurately report their observations. Moreover, we examined whether heterogeneity in competence levels differentially affected the relative accuracy of two aggregation procedures: a simple majority rule, which ignores individual differences, and the more complex general Condorcet model (Romney et al., Am Anthropol 88(2):313-338, 1986; Batchelder and Romney, Psychometrika 53(1):71-92, 1988), which takes into account differences in competence between individuals. 121 participants viewed a simulated crime and subsequently answered 128 true/false questions about the crime. We experimentally generated groups of witnesses with homogeneous or heterogeneous competences. Both the majority rule and the general Condorcet model provided more accurate reconstructions of the observed crime than individual testimonies. The superiority of aggregated crime reconstructions involving multiple individual testimonies increased with an increasing number of witnesses. Crime reconstructions were most accurate when competences were heterogeneous and aggregation was based on the general Condorcet model. We argue that a formal aggregation should be considered more often when eyewitness testimonies have to be assessed and that the general Condorcet model provides a good framework for such aggregations.

A Randomized Trial Evaluating Child Dog-Bite Prevention in Rural China through Video-Based Testimonials

PubMed Central

Shen, Jiabin; Pang, Shulan; Schwebel, David C.

2015-01-01

Objective Dog-bite injuries pose significant threat to children globally. School-aged children are especially at risk because of their cognitively immature tendency toward low perceived vulnerability to bites, and this risk is elevated further for school-aged children living in rural China due to the large number of stray dogs, all potential rabies carriers, present in their communities. Methods This randomized controlled trial evaluated whether viewing an educational video of testimonials would change safety knowledge, perceived vulnerability, and simulated behaviors with dogs among a sample of 280 third and fourth graders living in rural China. Participants were randomly assigned to view either an educational video of testimonials on dog-bite prevention (treatment) or an educational video of testimonials on drowning prevention (comparison). Safety knowledge, perceived vulnerability to dog bites, and simulated behavior with dogs using a dollhouse model were assessed both before and after exposure to the video of testimonials. Results Children who watched the educational video of testimonials on dog-bite prevention had increased safety knowledge, higher perceived vulnerability, and less risky simulated behaviors with dogs compared to the comparison group. Mediation analysis revealed that the intervention successfully changed children's simulated behaviors with dogs through greater safety knowledge and increased perceived vulnerability. Conclusions Results suggest the incorporation of testimonials into injury prevention programs has potential for broad global dissemination. The fact that both increased knowledge and heightened perceived vulnerability mediated changes in simulated behavior suggests the dual roles of knowledge and appraisal on children's injury-risk behavior. PMID:26523353

A randomized trial evaluating child dog-bite prevention in rural China through video-based testimonials.

PubMed

Shen, Jiabin; Pang, Shulan; Schwebel, David C

2016-05-01

Dog-bite injuries pose significant threat to children globally. School-age children are especially at risk because of their insufficient safety knowledge and cognitively immature tendency toward low perceived vulnerability to bites, and this risk is elevated further for school-age children living in rural China due to the large number of stray dogs, all potential rabies carriers, present in their communities. This randomized controlled trial evaluated whether viewing an educational video of testimonials would change safety knowledge, perceived vulnerability, and simulated behaviors with dogs among a sample of 280 third and fourth graders living in rural China. Participants were randomly assigned to view either an educational video of testimonials on dog-bite prevention (treatment) or an educational video of testimonials on drowning prevention (comparison). Safety knowledge, perceived vulnerability to dog bites, and simulated behavior with dogs using a dollhouse model were assessed both before and after exposure to the video of testimonials. Children who watched the educational video of testimonials on dog-bite prevention had increased safety knowledge, higher perceived vulnerability, and less risky simulated behaviors with dogs compared with the comparison group. Mediation analysis revealed that the intervention successfully changed children's simulated behaviors with dogs through greater safety knowledge and increased perceived vulnerability. Results suggest the incorporation of testimonials into injury prevention programs has potential for broad global dissemination. The fact that both increased knowledge and heightened perceived vulnerability mediated changes in simulated behavior suggests the dual roles of knowledge and appraisal on children's injury-risk behavior. (c) 2016 APA, all rights reserved).

Intercollegiate Athletics: Revenues and Expenses, Gender and Minority Profiles, and Compensation in Athletic Departments. Testimony. Subcommittee on Commerce, Consumer Protection, and Competitiveness, Committee on Energy and Commerce, House of Representatives.

ERIC Educational Resources Information Center

Crawford, Clarence C.

This publication presents the testimony of Clarence C. Crawford, the Associate Director of Education and Employment Issues for the Human Resources Division of the General Accounting Office (GAO). The testimony deals with the finances of the National Collegiate Athletic Association (NCAA) and its member schools, gender profiles in schools' athletic…

Congressional Testimony on Educational Innovations. Testimony to the Subcommittee on Elementary, Secondary and Vocational Education Committee on Education and Labor. U.S. House of Representatives. Rand Paper Series No. 5983.

ERIC Educational Resources Information Center

Berman, Paul

This testimony summarizes the results of the Rand Corporation's change agent study of educational innovations funded by federal programs. The second section consists of policy recommendations for ESEA Title IV Consolidated Programs, Part C. The study aimed to help improve federal policies by describing how the process of innovation and educational…

Integrating Postsecondary Education Interventions to Help Low-Income Students Succeed. Testimony of Alexander Mayer, Deputy Director, Postsecondary Education, MDRC, Before the California State Assembly Higher Education Committee and the Budget Subcommittee on Education Finance

ERIC Educational Resources Information Center

Mayer, Alexander

2018-01-01

This document presents the testimony of MDRC's Alex Mayer, the Deputy Director for Postsecondary Education at MDRC. The three points that Alex Mayer emphasizes in this testimony before the California State Assembly Higher Education Committee and the Budget Subcommittee on Education Finance on integrating postsecondary education interventions to…

In re Martin.

PubMed

1993-07-19

The Appellate Court of Michigan established a hierarchical process to determine whether to withhold or withdraw life-sustaining medical treatments from patients who are no longer competent. The court held that terminal illness is only one of the factors to be considered. Only when a patient is shown to lack the requisite capacity to make treatment decisions may clear and convincing evidence of that patient's prior written or oral expression of preference be considered. In the absence of such clear and convincing evidence, substituted judgment or surrogate consent based on trustworthy evidence of the patient's wishes may be employed. If neither standard can be met, only then may the best interests of the patient be considered as a last resort. The court also noted that family members as well as guardians or conservators are appropriate participants in the determination of the medical treatment of such patients. In the case under appeal, there was conflicting testimony about Mr. Martin's earlier verbal statements concerning treatment preferences under various conditions. Also expert medical testimony was in disagreement about the degree of Martin's social interactions, comprehension, and competence. Finally, the case had been brought to the trial court by Martin's mother and sister who sought to remove Martin's wife as legal guardian because they disagreed with her intention to have Martin's artificial nutrition and hydration withdrawn. The appellate court remanded the case to the trial court to consider Martin's capacity to make the decision and, if he were deemed incompetent, to determine whether without clear and convincing evidence of his preferences the decision to withdraw treatment could be exercised by a surrogate decision maker.

Understanding narrative effects in physical activity promotion: the influence of breast cancer survivor testimony on exercise beliefs, self-efficacy, and intention in breast cancer patients.

PubMed

Falzon, Charlène; Radel, Rémi; Cantor, Ambre; d'Arripe-Longueville, Fabienne

2015-03-01

Research in health communication has shown that narratives contribute more positively to changing health behaviors than informational messages. The main purposes of this study were to examine and to compare the effects of two messages promoting physical activity, one narrative and the other informational, on the perceptions and behavioral intentions of cancer patients. A total of 158 women with breast cancer, undergoing chemotherapy and sedentary, were assigned to read the testimony of a breast cancer survivor who had been physically active during and after treatment (TE group), a content-equivalent message composed of expert recommendations about physical activity in breast cancer patients (RE group), or no message (control group). Source trust was higher in TE group than RE group (p < 0.001). Exercise self-efficacy and exercise intention were higher in TE group than RE and control groups (p < 0.001). However, scores in RE group were higher than those of TE group for beliefs about exercise benefits (p < 0.001) and lower than those of TE and control groups for beliefs about exercise risks (p < 0.001). Source trust, exercise self-efficacy, and beliefs about exercise benefits and risks mediated the relationship between the message and exercise intention. The results suggest that narratives may be more effective in improving perceived physical abilities and involvement in physical activity, whereas informational messages seem to be more appropriate to convey the benefits and the absence of risks related to physical activity.

[The role of the physician in expert testimony leading to an arrest].

PubMed

Marek, Z; Baran, E

1989-01-01

The authors have offered several problems related to a topic of medical professional activities of physicians being in contact with the administration of justice. There are presented opinions based on existent regulations and experiences associated with juridical expert activities of the authors. These opinions are about two problems that, according to obtained data, are made of controversies which stand between first-aid or ambulance doctors and law officers. The first problem deals with differences of opinion on obligations of physicians to examine drunk patients and to meet the requirements to put them into a sober room or--if there are any for a temporary stay into a prison. There has been also stated an opinion that this activity of physicians is included in a normal range of their professional duties. The second matter is concerned with the correctness of physicians' proceedings dealing with individuals arrested by militia and giving medical evidences that faces a problem whether stay in prison can or cannot constitute a threat for their life or health. It's been also founded that--in those cases--a physician has to be called a medicolegal opinion. The professional obligations of physicians still don't include this function and therefore it has to be granted separately.

Hearing on the Reauthorization of the Juvenile Justice and Delinquency Prevention Act. Hearing before the Subcommittee on Human Resources of the Committee on Education and Labor. House of Representatives, One Hundred Second Congress, Second Session.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. House Committee on Education and Labor.

Testimony from a hearing on the Reauthorization of the Juvenile Justice and Delinquency Prevention Act is presented in this document. Comments and a prepared statement by Representative Matthew G. Martinez open the document. Testimony from Representatives Harris W. Fawell and Dale E. Kildee is also included. Testimony and/or prepared statements…

Time Is Money...and the Enemy of College Completion: Transform American Higher Education to Boost Completion and Reduce Costs. Testimony before the United States House of Representatives Subcommittee on Higher Education and Workforce Training

ERIC Educational Resources Information Center

Jones, Stan

2012-01-01

This paper presents Stan Jones' testimony before the United States House of Representatives Subcommittee on Higher Education and Workforce Training. In his testimony, he talks about a new American majority of students that is emerging on campuses, especially at community colleges. These students must delicately balance long hours at jobs they must…

Optimizing the Presentation of Mental Health Information in Social Media: The Effects of Health Testimonials and Platform on Source Perceptions, Message Processing, and Health Outcomes.

PubMed

Quintero Johnson, Jessie M; Yilmaz, Gamze; Najarian, Kristy

2017-09-01

Using social media for the purpose of disseminating mental health information is a critical area of scientific inquiry for health communication professionals. The purpose of this study was to investigate whether the presence of a first-person testimonial in educational mental health information placed in Facebook and Twitter messages influenced college students' (N = 257) source perceptions, information processing, cognitive elaboration, health information recall, beliefs, and behavioral intentions. Results show that exposure to social media messages that featured mental health information embedded with a testimonial predicted less source homophily and more critical thoughts about the social media source, less systematic message processing, and less cognitive elaboration. Health information recall was significantly impacted by both the social media platform and message content such that participants in the testimonial condition on Facebook were more likely to recall the health facts in those messages whereas participants who viewed the testimonial in Twitter were less likely to recall the facts in those tweets. Compared to those who read Facebook messages, participants who read Twitter messages reported higher levels of systematic message processing. These findings suggest that the integration of health testimonials into social media messages might inadvertently provoke psychological resistance to mental health information, thereby reducing the persuasive impact of those messages.

Face-to-face confrontation: effects of closed-circuit technology on children's eyewitness testimony and jurors' decisions.

PubMed

Goodman, G S; Tobey, A E; Batterman-Faunce, J M; Orcutt, H; Thomas, S; Shapiro, C; Sachsenmaier, T

1998-04-01

The present study was designed to examine effects of closed-circuit technology on children's testimony and jurors' perceptions of child witnesses. For the study, a series of elaborately staged mock trials was held. First, 5- to 6-year-old and 8- to 9-year-old children individually participated in a play session with an unfamiliar male confederate. Approximately 2 weeks later, children individually testified about the event at downtown city courtroom. Mock juries composed of community recruits viewed the trials, with the child's testimony presented either live in open court or over closed-circuit television. Mock jurors made ratings concerning the child witness and the defendant, and deliberated to reach a verdict. Results indicated that overall, older children were more accurate witnesses than younger children. However, older, not younger children produced more inaccurate information in free recall. Compared to live testimony in open court, use of closed-circuit technology led to decreased suggestibility for younger children. Testifying in open court was also associated with children experiencing greater pretrial anxiety. Closed-circuit technology did not diminish fact finders' abilities to discriminate accurate from inaccurate child testimony, nor did it directly bias jurors against the defendant. However, closed-circuit testimony biased jurors against child witnesses. Moreover, jurors tended to base their impressions of witness credibility on perceived confidence and consistency. Implications for the use of closed-circuit technology when children testify are discussed.

Narrative Characteristics of Genocide Testimonies Predict Posttraumatic Stress Disorder Symptoms Years Later

PubMed Central

Ng, Lauren C.; Ahishakiye, Naphtal; Miller, Donald E.; Meyerowitz, Beth E.

2015-01-01

Cognitive theories of posttraumatic stress disorder (PTSD) suggest that trauma narratives that make greater use of somatosensory, perceptual, and negative emotion words may be indicators of greater risk of PTSD symptoms (Ehlers & Clark, 2000). The purpose of this study was to analyze whether the way that survivors of the 1994 Rwandan Genocide against the Tutsi naturally construct genocide testimonies predicts PTSD symptoms six years later. One hundred orphaned heads of household (OHH) who were members of a community association gave testimonies about their genocide experiences in 2002. In 2008, PTSD symptoms of 61 of the original OHH were assessed using a genocide specific version of the Impact of Events Scale-Revised (Weiss & Marmar, 2004). Experienced genocide events were coded from the genocide testimonies, and the types of words used in the testimonies were analyzed using the Linguistic Inquiry and Word Count program (Pennebaker, Chung, Ireland, Gonzales, & Booth, 2007). Pearson correlations and path analyses assessed the relationships between variables. After accounting for genocide events, touching positively predicted avoidance, and sadness negatively predicted hyperarousal. Sensory descriptions of traumatic experiences in trauma narratives may signify higher risk for mental health problems, while expressions of sadness may indicate emotional processing and better mental health. Analyzing genocide testimonies may help identify survivors at the highest risk of developing PTSD symptoms, even among a group of survivors who have arguably suffered some of the most severe genocide experiences. PMID:25793398

49 CFR 845.25 - Examination of witnesses.

Code of Federal Regulations, 2010 CFR

2010-10-01

... witnesses. (b) Materiality, relevancy, and competency of witness testimony, exhibits, or physical evidence... inquiry, opportunity shall be given to show materiality, relevancy, or competency of the testimony or...

Reliability of Children’s Testimony in the Era of Developmental Reversals

PubMed Central

Brainerd, C. J.; Reyna, V. F.

2012-01-01

A hoary assumption of the law is that children are more prone to false-memory reports than adults, and hence, their testimony is less reliable than adults’. Since the 1980s, that assumption has been buttressed by numerous studies that detected declines in false memory between early childhood and young adulthood under controlled conditions. Fuzzy-trace theory predicted reversals of this standard developmental pattern in circumstances that are directly relevant to testimony because they involve using the gist of experience to remember events. That prediction has been investigated during the past decade, and a large number of experiments have been published in which false memories have indeed been found to increase between early childhood and young adulthood. Further, experimentation has tied age increases in false memory to improvements in children’s memory for semantic gist. According to current scientific evidence, the principle that children’s testimony is necessarily more infected with false memories than adults’ and that, other things being equal, juries should regard adult’s testimony as necessarily more faithful to actual events is untenable. PMID:23139439

The effects of integrating instrumental and affective arguments in rhetorical and testimonial health messages.

PubMed

Keer, Mario; van den Putte, Bas; de Wit, John; Neijens, Peter

2013-01-01

Recent research highlights the superior influence of affect over cognition in health decision making. The present study examined the independent and combined effects of 2 message characteristics that are thought to tap into the cognition-affect distinction: message format (rhetorical vs. testimonial) and argument type (instrumental vs. affective). In this 2 × 2 experiment, 81 college students were randomly assigned to 1 of 4 health messages discouraging binge drinking. The results indicated that messages containing affective arguments were judged more positively and perceived as more effective than were messages containing instrumental arguments. The results further revealed an interaction effect between message format and argument type. Testimonials were more persuasive when they contained affective arguments than when they contained instrumental arguments. Type of arguments did not influence the efficacy of rhetorical messages. Mediation analyses revealed that instrumental arguments reduce the efficacy of testimonials because they prevent individuals from being transported into the story, and increase psychological reactance. In conclusion, testimonial messages more effectively discourage binge drinking among college students when they contain affective, as opposed to instrumental, arguments.

The influence of power and reason on young Maya children's endorsement of testimony.

PubMed

Castelain, Thomas; Bernard, Stéphane; Van der Henst, Jean-Baptiste; Mercier, Hugo

2016-11-01

Two important parenting strategies are to impose one's power and to use reasoning. The effect of these strategies on children's evaluation of testimony has received very little attention. Using the epistemic vigilance framework, we predict that when the reasoning cue is strong enough it should overcome the power cue. We test this prediction in a population for which anthropological data suggest that power is the prominent strategy while reasoning is rarely relied on in the interactions with children. In Experiment 1, 4- to 6-year-old children from a traditional Maya population are shown to endorse the testimony supported by a strong argument over that supported by a weak argument. In Experiment 2, the same participants are shown to follow the testimony of a dominant over that of a subordinate. The participants are then shown to endorse the testimony of a subordinate who provides a strong argument over that of a dominant who provides either a weak argument (Experiment 3) or no argument (Experiment 4). Thus, when the power and reasoning cues conflict, reasoning completely trumps power. © 2015 John Wiley & Sons Ltd.

Demons, nature, or God? Witchcraft accusations and the French disease in early modern Venice.

PubMed

McGough, Laura J

2006-01-01

In early modern Venice, establishing the cause of a disease was critical to determining the appropriate cure: natural remedies for natural illnesses, spiritual solutions for supernatural or demonic ones. One common ailment was the French disease (syphilis), widely distributed throughout Venice's neighborhoods and social hierarchy, and evenly distributed between men and women. The disease was widely regarded as curable by the mid-sixteenth century, and cases that did not respond to natural remedies presented problems of interpretation to physicians and laypeople. Witchcraft was one possible explanation; using expert testimony from physicians, however, the Holy Office ruled out witchcraft as a cause of incurable cases and reinforced perceptions that the disease was of natural origin. Incurable cases were explained as the result of immoral behavior, thereby reinforcing the associated stigma. This article uses archival material from Venice's Inquisition records from 1580 to 1650, as well as mortality data.

When burdens of feeding outweigh benefits.

PubMed

Paris, J J

1986-02-01

On 21 October 1985, a Massachusetts probate court ruled in Brophy v. New England Sinai Hospital, denying Mrs. Paul Brophy's request that physicians remove the gastrostomy tube from her husband, who had been in a persistant vegetative state for over two years. Paris, a Roman Catholic priest and a professor of medical ethics who was called as an expert witness on behalf of the Brophy family, had testified previously in the Barber and Conroy cases. His testimony, printed here in edited form, is based on the rulings in these cases, as well as the Hier decision, on the 1983 President's Commission report, Deciding to Forego Life-Sustaining Treatment, and on published articles arguing both sides of the withholding food and fluids controversy. Paris concludes that there is no moral obligation to order, provide, or accept any treatment, even food and water, when there is little or no promise of benefit to a patient with a virtually hopeless prognosis.

TASER® conducted electrical weapons: misconceptions in the scientific/medical and other literature.

PubMed

Jauchem, James R

2015-03-01

TASER(®) conducted electrical weapons (CEWs) have become an important law-enforcement tool. Controversial questions are often raised during discussion of some incidents in which the devices have been used. The main purpose of this paper is to point out some misconceptions about CEWs that have been published in the scientific/medical and other literature. This is a narrative review, using a multidisciplinary approach of analyzing reports from scientific/medical and other literature sources. In previous reports, durations of incapacitating effects and possible associations of CEWs with deaths-in-custody have often been overstated or exaggerated. Comparisons of CEW effects with "electrocution" are misleading. Clarification of these misconceptions may be important during policymaker decisions, practitioner operations, expert witness testimonies, and court proceedings. Despite misconceptions in the literature, CEWs can still be a valuable tool for law enforcement activities. Scientists, medical professionals, legal advisors, and investigators of police tactics should be aware of these misconceptions.

Personality disorder and violence: understand violence risk: an introduction to the special section personality disorder and violence.

PubMed

Cooke, David J

2010-10-01

This paper introduces the Special Section on personality disorder and violence. The first paper evaluates the impact of removing the Psychopathy Checklist (PCL-R) as a mandatory element of a major approach to the assessment of violence risk-the HCR-20. The second paper considers violence to self as well as violence to others; it examines the influence of dysfunctional personality traits in a sample of female offenders. The third paper provides a systematic framework for risk formulation, discussing how to bridge the gap between nomothetic research and the individual case. This paper concludes by arguing that there is a need to shift perspective from asking "what?" dysfunctional traits are relevant to future violence to "why?" are particular traits relevant. The "why?" question is particularly germane in the forensic arena where expert testimony must endeavor to provide a causal explanation of risk processes at the level of the individual.

Amnesia and crime.

PubMed

Bourget, Dominique; Whitehurst, Laurie

2007-01-01

Amnesia for serious offenses has important legal implications, particularly regarding its relevance in the contexts of competency to stand trial and criminal responsibility. Forensic psychiatrists and other mental health professionals are often required to provide expert testimony regarding amnesia in defendants. However, the diagnosis of amnesia presents a challenge, as claims of memory impairment may stem from organic disease, dissociative amnesia, amnesia due to a psychotic episode, or malingered amnesia. We review the theoretical, clinical, and legal perspectives on amnesia in relation to crime and present relevant cases that demonstrate several types of crime-related amnesia and their legal repercussions. Consideration of the presenting clinical features of crime-related amnesia may enable a fuller understanding of the different types of amnesia and assist clinicians in the medico-legal assessment and diagnosis of the claimed memory impairment. The development of a profile of aspects characteristic of crime-related amnesia would build toward establishing guidelines for the assessment of amnesia in legal contexts.

U.S. preparedness for severe storms questioned

NASA Astrophysics Data System (ADS)

Showstack, Randy

Doug Hill, chief meteorologist for WJLA-TV in Washington, D.C., recalled the broadcast news coverage of two supercell thunderstorms that swept through the region on September 24, producing three tornadoes and causing two fatalities. Hill said that only one local radio station which airs his forecasts activated the federal emergency alert system to immediately notify the public about the tornadoes, and added that there should be some changes in requirements. “Somehow, broadcast stations have to get the idea that these warnings and requests to activate [the alerts] are not done [just] for fun,” he said.Hill was among several experts appearing at an October 11 congressional hearing, “Weatherproofing the U.S.: Are We Prepared for Severe Storms?” The hearing, which was held by the U.S. House of Representatives' Science Committee, included testimony about the nation's emergency preparedness in dealing with several types of severe weather: tornadoes, hurricanes, and wind storms.

NASA Provides Coverage for First Meeting of the National Space Council

NASA Image and Video Library

2017-10-06

During the first meeting of the National Space Council, on Oct. 5, Vice President Mike Pence – chair of the council – outlined the Trump Administration’s vision and expectations for the council, which include returning American astronauts to the moon – to build the foundation needed to send Americans to Mars and beyond. The meeting, titled “Leading the Next Frontier: An Event with the National Space Council,” was held at the Smithsonian National Air and Space Museum’s Steven F. Udvar-Hazy Center in Chantilly, Virginia. Participants included NASA Administrator Robert Lightfoot, as well as a number of Trump Administration cabinet members and senior officials, and aerospace industry leaders. The council heard testimony from expert witnesses who represent the sectors of the space industry: Civil Space, Commercial Space, and National Security Space. President Trump signed an executive order reestablishing the National Space Council on June 30.

Leading the Next Frontier: An Event with the National Space Council

NASA Image and Video Library

2017-10-05

During the first meeting of the National Space Council, on Oct. 5, Vice President Mike Pence – chair of the council – outlined the Trump Administration’s vision and expectations for the council, which include returning American astronauts to the moon – to build the foundation needed to send Americans to Mars and beyond. The meeting, titled “Leading the Next Frontier: An Event with the National Space Council,” was held at the Smithsonian National Air and Space Museum’s Steven F. Udvar-Hazy Center in Chantilly, Virginia. Participants included NASA Administrator Robert Lightfoot, as well as a number of Trump Administration cabinet members and senior officials, and aerospace industry leaders. The council heard testimony from expert witnesses who represent the sectors of the space industry: Civil Space, Commercial Space, and National Security Space. President Trump signed an executive order reestablishing the National Space Council on June 30.

Personality disorders at the interface of psychiatry and the law: legal use and clinical classification

PubMed Central

Johnson, Sally C.; Elbogen, Eric B.

2013-01-01

Personality disorders have a complex relationship with the law that in many ways reflects their complexity within the clinical and research communities. This paper addresses expert testimony about personality disorders, outlines how personality disorders are assessed in forensic cases, and describes how personality disorders are viewed in different legal contexts. Reasons are identified why personality disorders are not generally accepted as significant mental illness within the legal system, including high incidence of personality dysfunction in criminal populations, frequent comorbidity of personality disorders making it difficult to determine direct causation, and difficulty determining where on a continuum personality traits should be defined as illness (or not). In summary, the legal system, to a significant degree, mirrors the clinical conception of personality disorders as not severe mental diseases or defects, not likely to change, and most often, under volitional control. PMID:24174894

The ideology of science during the Nixon years: 1970-1976

NASA Technical Reports Server (NTRS)

Fries, Sylvia Doughty

1984-01-01

This paper examines the expert testimony given before the U.S. Congress during the legislative history of the National Science and Technology Policy Organization and Priorities Act of 1976, examining in particular the scientific witnesses' appeals for enlarged government funding for basic research and greater influence in the making of federal science policy. The author finds that in the process of arguing for increased support and influence, spokesmen for the nation's science establishment articulated an ideology of science which not only proclaimed the authority of scientific values over other forms of cognition but sought to advance the authority of scientists over the identification and resolution of societal and political issues. In so doing they challenged the viability of political values essential to the Anglo-American democratic-republican heritage. The paper thus documents not only cultural 'elitism,' which is not necessarily incompatible with democratic politics, but an antidemocratic ideology as well.

American Bar Association Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases: implications for social work.

PubMed

Andrews, Arlene Bowers

2012-04-01

When a client faces a penalty of death, defense attorneys may call on social workers in many capacities: mitigation specialist, expert witness, consulting specialist, direct witness, or defense-initiated victim outreach worker. The American Bar Association set forth standards for capital defense attorneys, which led an interdisciplinary team to produce the "Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases" to promote the exceptional competence and diligence required when the consequence is life or death. This article summarizes the "Supplementary Guidelines," with implications for social work practice--that is, professional responsibility, competence, interviewing skill, knowledge of behavioral and mental impairment, records review, life history compilation, data interpretation, witness support, law-related knowledge, and testimony. The social work, which is scrutinized in a court of law, requires cultural competence, diverse oral and written communication skills, diligence, and the highest ethical standards.

Neurotoxins at home and in the workplace. Hearings before the Subcommittee on Investigations and Oversight of the Committee on Science and Technology, House of Representatives, Ninety-Ninth Congress, First Session, October 8, 9, 1985

DOE Office of Scientific and Technical Information (OSTI.GOV)

Not Available

1986-01-01

Experts in neurology and toxicology, disabled workers, health and safety agencies, and labor unions were among those represented at two days of hearings on the impact of chemicals on human health and safety. The witnesses described how neurotoxins, which occur in everyday household and workplace situations, affect the human body and how it would be possible to test for these effects before exposure. Representatives of the Occupational Safety and Health Administration (OSHA) described the communication standard for letting workers know about potential hazards. At issue was whether OSHA has done as much as it should to see that employers whomore » produce or use hazardous chemicals are providing adequate information to workers and consumers. An appendix with additional material submitted for the record follows the testimony of 13 witnesses.« less

Personality disorders at the interface of psychiatry and the law: legal use and clinical classification.

PubMed

Johnson, Sally C; Elbogen, Eric B

2013-06-01

Personality disorders have a complex relationship with the law that in many ways reflects their complexity within the clinical and research communities. This paper addresses expert testimony about personality disorders, outlines how personality disorders are assessed in forensic cases, and describes how personality disorders are viewed in different legal contexts. Reasons are identified why personality disorders are not generally accepted as significant mental illness within the legal system, including high incidence of personality dysfunction in criminal populations, frequent comorbidity of personality disorders making it difficult to determine direct causation, and difficulty determining where on a continuum personality traits should be defined as illness (or not). In summary, the legal system, to a significant degree, mirrors the clinical conception of personality disorders as not severe mental diseases or defects, not likely to change, and most often, under volitional control.

An academic approach to climate change emergency preparedness.

PubMed

Trask, Jeffrey A

To achieve effective emergency management and business continuity, all hazards should be considered during the planning and preparedness process. In recent years, several new hazards have attracted the attention of Emergency Management and Business Continuity practitioners. Climate change presents a unique challenge. Practitioners must rely on historical data combined with scientific projections to guide their planning and preparedness efforts. This article examines how an academic institution's emergency management programme can plan successfully for this hazard by focusing on best practices in the area of building cross-departmental and cross-jurisdictional relationships. Examples of scientific data related to the hazard of climate change will be presented along with the latest guidance from the Federal Emergency Management Agency encouraging the planning for future hazards. The article presents a functional exercise in which this hazard was prominently featured, and presents testimony from subject matter experts. Recommendations for emergency management and business continuity programmes are so provided.

28 CFR 0.177a - Antitrust civil investigative demands.

Code of Federal Regulations, 2010 CFR

2010-07-01

... JUSTICE Assigning Responsibility Concerning Applications for Orders Compelling Testimony or Production of..., United States Code, to compel testimony in response to antitrust civil investigative demands for oral...

Efficacy of Web-Based Collection of Strength-Based Testimonials for Text Message Extension of Youth Suicide Prevention Program: Randomized Controlled Experiment.

PubMed

Thiha, Phyo; Pisani, Anthony R; Gurditta, Kunali; Cherry, Erin; Peterson, Derick R; Kautz, Henry; Wyman, Peter A

2016-11-09

Equipping members of a target population to deliver effective public health messaging to peers is an established approach in health promotion. The Sources of Strength program has demonstrated the promise of this approach for "upstream" youth suicide prevention. Text messaging is a well-established medium for promoting behavior change and is the dominant communication medium for youth. In order for peer 'opinion leader' programs like Sources of Strength to use scalable, wide-reaching media such as text messaging to spread peer-to-peer messages, they need techniques for assisting peer opinion leaders in creating effective testimonials to engage peers and match program goals. We developed a Web interface, called Stories of Personal Resilience in Managing Emotions (StoryPRIME), which helps peer opinion leaders write effective, short-form messages that can be delivered to the target population in youth suicide prevention program like Sources of Strength. To determine the efficacy of StoryPRIME, a Web-based interface for remotely eliciting high school peer leaders, and helping them produce high-quality, personal testimonials for use in a text messaging extension of an evidence-based, peer-led suicide prevention program. In a double-blind randomized controlled experiment, 36 high school students wrote testimonials with or without eliciting from the StoryPRIME interface. The interface was created in the context of Sources of Strength-an evidence-based youth suicide prevention program-and 24 ninth graders rated these testimonials on relatability, usefulness/relevance, intrigue, and likability. Testimonials written with the StoryPRIME interface were rated as more relatable, useful/relevant, intriguing, and likable than testimonials written without StoryPRIME, P=.054. StoryPRIME is a promising way to elicit high-quality, personal testimonials from youth for prevention programs that draw on members of a target population to spread public health messages. ©Phyo Thiha, Anthony R Pisani, Kunali Gurditta, Erin Cherry, Derick R Peterson, Henry Kautz, Peter A Wyman. Originally published in JMIR Public Health and Surveillance (http://publichealth.jmir.org), 09.11.2016.

12 CFR 622.105 - Conduct of investigation.

Code of Federal Regulations, 2010 CFR

2010-01-01

... given; and (3) Make summary notes during the testimony solely for the use of such person. (c) Appearance... or will give testimony, and counsel representing such person, may be excluded from the taking of...

12 CFR 622.105 - Conduct of investigation.

Code of Federal Regulations, 2012 CFR

2012-01-01

... given; and (3) Make summary notes during the testimony solely for the use of such person. (c) Appearance... or will give testimony, and counsel representing such person, may be excluded from the taking of...

12 CFR 622.105 - Conduct of investigation.

Code of Federal Regulations, 2014 CFR

2014-01-01

... given; and (3) Make summary notes during the testimony solely for the use of such person. (c) Appearance... or will give testimony, and counsel representing such person, may be excluded from the taking of...

12 CFR 622.105 - Conduct of investigation.

Code of Federal Regulations, 2011 CFR

2011-01-01

... given; and (3) Make summary notes during the testimony solely for the use of such person. (c) Appearance... or will give testimony, and counsel representing such person, may be excluded from the taking of...

12 CFR 622.105 - Conduct of investigation.

Code of Federal Regulations, 2013 CFR

2013-01-01

... given; and (3) Make summary notes during the testimony solely for the use of such person. (c) Appearance... or will give testimony, and counsel representing such person, may be excluded from the taking of...

EPA/Army June 6, 2002 Testimony

EPA Pesticide Factsheets

EPA/Army June 6, 2002 Testimony before US Senate Subcommittee on Clean Air, Wetlands and Climate Change on national implications of Clean Water Act rulemaking defining the terms fill material and discharge of fill material.

44 CFR 5.87 - Testimony of FEMA employees in private litigation.

Code of Federal Regulations, 2010 CFR

2010-10-01

... MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information...

Testimony of Granta Y. Nakayama Assistant Administrator Office of Enforcement and Compliance Assurance

EPA Pesticide Factsheets

Testimony of Granta Nakayama, Assistant Administrator for Enforcement and Compliance Assurance before the House Committee on Energy and Commerce, Subcommittee on Environment and Hazardous Materials, October 4, 2007.

Narrative characteristics of genocide testimonies predict posttraumatic stress disorder symptoms years later.

PubMed

Ng, Lauren C; Ahishakiye, Naphtal; Miller, Donald E; Meyerowitz, Beth E

2015-05-01

Cognitive theories of posttraumatic stress disorder (PTSD) suggest that trauma narratives that make greater use of somatosensory, perceptual, and negative emotion words may be indicators of greater risk of PTSD symptoms (Ehlers & Clark, 2000). The purpose of this study was to analyze whether the way that survivors of the 1994 Rwandan Genocide against the Tutsi naturally construct genocide testimonies predicts PTSD symptoms 6 years later. One hundred orphaned heads of household (OHH) who were members of a community association gave testimonies about their genocide experiences in 2002. In 2008, PTSD symptoms of 61 of the original OHH were assessed using a genocide-specific version of the Impact of Events Scale-Revised (Weiss & Marmar, 1997). Experienced genocide events were coded from the genocide testimonies, and the types of words used in the testimonies were analyzed using the Linguistic Inquiry and Word Count program (Pennebaker, Chung, Ireland, Gonzales, & Booth, 2007). Pearson correlations and path analyses assessed the relationships between variables. After accounting for genocide events, touching positively predicted avoidance, and sadness negatively predicted hyperarousal. Sensory descriptions of traumatic experiences in trauma narratives may signify higher risk for mental health problems whereas expressions of sadness may indicate emotional processing and better mental health. Analyzing genocide testimonies may help identify survivors at the highest risk of developing PTSD symptoms, even among a group of survivors who have arguably suffered some of the most severe genocide experiences. (c) 2015 APA, all rights reserved).

The effects of neuroimaging and brain injury on insanity defenses.

PubMed

Gurley, Jessica R; Marcus, David K

2008-01-01

Although neurological evidence is used with increasing frequency in criminal trials, there is limited research examining the effects that this evidence has on juror decision-making in insanity trials. Participants (396) were presented with a case summary and psychological testimony and asked to render either a verdict of guilty or not guilty by reason of insanity in a 2 (psychosis or psychopathy) x (presence or absence of an MRI indicating a brain lesion) x (presence or absence of testimony describing a car accident that caused injury to the brain) factorial design. Defendants diagnosed with a psychotic disorder, defendants who could demonstrate the existence of a brain lesion via MRI, and defendants who had a history of brain injury were more likely to be found not guilty by reason of insanity than those defendants who did not present any neurological testimony. Participants who reported they were more influenced by the psychological and neurological testimony were almost six times more likely to render a verdict of NGRI than those participants who reported that the psychological and neurological testimony and evidence did not influence their decision regarding verdict. (c) 2008 John Wiley & Sons, Ltd.

Testimony psychotherapy in Bosnian refugees: a pilot study.

PubMed

Weine, S M; Kulenovic, A D; Pavkovic, I; Gibbons, R

1998-12-01

The authors sought to describe the use of the testimony method of psychotherapy in a group of traumatized adult refugees from genocide in Bosnia-Herzegovina. The subjects were 20 Bosnian refugees in Chicago who gave written informed consent to participate in a case series study of testimony psychotherapy. All subjects received testimony psychotherapy, averaging six sessions, approximately 90 minutes, weekly or biweekly. Subjects received standardized instruments for posttraumatic stress disorder (PTSD), depression, traumatic events, global functioning, and prior psychiatric history. The instruments were administered before treatment, at the conclusion of the treatment, and at the 2- and 6-month follow-ups. The posttreatment assessments demonstrated significant decreases in the rate of PTSD diagnosis, PTSD symptom severity, and the severity of reexperiencing, avoidance, and hyperarousal symptom clusters. Depressive symptoms demonstrated a significant decrease, and there was a significant increase in scores on the Global Assessment of Functioning Scale. Two-month and 6-month follow-up assessments demonstrated further significant decreases in all symptoms and an increase in scores on the Global Assessment of Functioning Scale. This pilot study provides preliminary evidence that testimony psychotherapy may lead to improvements in PTSD and depressive symptoms, as well as to improvement of functioning, in survivors of state-sponsored violence.

Physician Surveys to Assess Customary Care in Medical Malpractice Cases

PubMed Central

Hartz, Arthur; Lucas, Joshua; Cramm, Timothy; Green, Michael; Bentler, Suzanne; Ely, John; Wolfe, Steven; James, Paul

2002-01-01

OBJECTIVE Physician experts hired and prepared by the litigants provide most information on standard of care for medical malpractice cases. Since this information may not be objective or accurate, we examined the feasibility and potential value of surveying community physicians to assess standard of care. DESIGN Seven physician surveys of mutually exclusive groups of randomly selected physicians. SETTING Iowa. PARTICIPANTS Community and academic primary care physicians and relevant specialists. INTERVENTIONS Included in each survey was a case vignette of a primary care malpractice case and key quotes from medical experts on each side of the case. Surveyed physicians were asked whether the patient should have been referred to a specialist for additional evaluation. The 7 case vignettes included 3 closed medical malpractice cases, 3 modifications of these cases, and 1 active case. MEASUREMENTS AND MAIN RESULTS Sixty-three percent of 350 community primary care physicians and 51% of 216 community specialists completed the questionnaire. For 3 closed cases, 47%, 78%, and 88% of primary care physician respondents reported that they would have made a different referral decision than the defendant. Referral percentages were minimally affected by modifying patient outcome but substantially changed by modifying patient presentation. Most physicians, even those whose referral decisions were unusual, assumed that other physicians would make similar referral decisions. For each case, at least 65% of the primary care physicians disagreed with the testimony of one of the expert witnesses. In the active case, the response rate was high (71%), and the respondents did not withhold criticism of the defendant doctor. CONCLUSIONS Randomly selected peer physicians are willing to participate in surveys of medical malpractice cases. The surveys can be used to construct the distribution of physician self-reported practice relevant to a particular malpractice case. This distribution may provide more information about customary practice or standard of care than the opinion of a single physician expert. PMID:12133145

27 CFR 46.271 - Entry, examination and testimony.

Code of Federal Regulations, 2011 CFR

2011-04-01

... PRODUCTS AND CIGARETTE PAPERS AND TUBES Floor Stocks Tax on Certain Tobacco Products, Cigarette Papers, and Cigarette Tubes Held for Sale on April 1, 2009 Ttb Authorities § 46.271 Entry, examination and testimony...

27 CFR 46.271 - Entry, examination and testimony.

Code of Federal Regulations, 2014 CFR

2014-04-01

... PRODUCTS AND CIGARETTE PAPERS AND TUBES Floor Stocks Tax on Certain Tobacco Products, Cigarette Papers, and Cigarette Tubes Held for Sale on April 1, 2009 Ttb Authorities § 46.271 Entry, examination and testimony...

Airport financing : smaller airports face future funding shortfalls

DOT National Transportation Integrated Search

1999-02-22

Testimony before Subcommittee on Aviation, Committee on Transportation and : Infrastructure, House of Represenatives on airport funding issues. Testimony : focused on 1) how much funding has been made available to small airports for : capital develop...

27 CFR 46.271 - Entry, examination and testimony.

Code of Federal Regulations, 2010 CFR

2010-04-01

... PRODUCTS AND CIGARETTE PAPERS AND TUBES Floor Stocks Tax on Certain Tobacco Products, Cigarette Papers, and Cigarette Tubes Held for Sale on April 1, 2009 Ttb Authorities § 46.271 Entry, examination and testimony...

27 CFR 46.271 - Entry, examination and testimony.

Code of Federal Regulations, 2012 CFR

2012-04-01

... PRODUCTS AND CIGARETTE PAPERS AND TUBES Floor Stocks Tax on Certain Tobacco Products, Cigarette Papers, and Cigarette Tubes Held for Sale on April 1, 2009 Ttb Authorities § 46.271 Entry, examination and testimony...

27 CFR 46.271 - Entry, examination and testimony.

Code of Federal Regulations, 2013 CFR

2013-04-01

... PRODUCTS AND CIGARETTE PAPERS AND TUBES Floor Stocks Tax on Certain Tobacco Products, Cigarette Papers, and Cigarette Tubes Held for Sale on April 1, 2009 Ttb Authorities § 46.271 Entry, examination and testimony...

Teacher Training. Over $1.5 Billion Federal Funds Invested in Many Programs. Statement of Marnie S. Shaul, Associate Director, Education, Workforce, and Income Security Issues, Health, Education, and Human Services Division. Testimony before the Subcommittee on Postsecondary Education, Training and Life-Long Learning, Committee on Education and the Workforce, House of Representatives.

ERIC Educational Resources Information Center

General Accounting Office, Washington, DC. Health, Education, and Human Services Div.

The testimony highlights: (1) the number of agencies and programs they administer that support teacher training, along with general characteristics of these programs and (2) funding provided by these programs. The testimony addresses challenges posed by the number and diversity of programs in determining whether they are achieving desired…

Minority Participation and Retention in Higher Education. Hearing on Examining Certain Issues Relating to Minority Participation in Higher Education, Focusing on Student Aid Programs before the Subcommittee on Education, Arts, and Humanities of the Committee on Labor and Human Resources. United States Senate, One Hundred Third Congress, Second Session.

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. Senate Subcommittee on Education, Arts and Humanities.

This hearing transcript presents testimony concerning minority participation and retention in higher education with emphasis on implications for student aid programs. Oral testimony or prepared statements were presented by Senators Paul Simon, Claiborne Pell, and Carol Mosely-Braun. Testimony was also offered by: (1) the president and three…

77 FR 57089 - Meeting of the Chronic Fatigue Syndrome Advisory Committee

Federal Register 2010, 2011, 2012, 2013, 2014

2012-09-17

..., 20201. Mailed testimony must be received no later than Monday, September 24, 2012. Note: PDF files, hand-written notes and photographs will not be accepted. Requests for public comment and written testimony will...

20 CFR 403.150 - Is there a fee for our services?

Code of Federal Regulations, 2011 CFR

2011-04-01

... and provide the testimony and any travel time, and (2) Other travel costs. (d) Waiver or reduction of...) The extent to which providing the testimony or information serves SSA's interest; and (5) The burden...

CSC Tip Sheets: Testimonial Videos

EPA Pesticide Factsheets

Testimonial videos can be used to communicate to your target audience from the perspective of someone like them who has participated in program activities and can speak to the benefits and motivations of the activities your program is promoting.

20 CFR 403.125 - How will we handle requests for records, information, or testimony involving SSA's Office of the...

Code of Federal Regulations, 2010 CFR

2010-04-01

...' Benefits SOCIAL SECURITY ADMINISTRATION TESTIMONY BY EMPLOYEES AND THE PRODUCTION OF RECORDS AND... Security Administration, 300 Altmeyer Building, 6401 Security Blvd., Baltimore, MD 21235-6401. ...

Evaluation of a Drowning Prevention Program Based on Testimonial Videos: A Randomized Controlled Trial

PubMed Central

Pang, Shulan; Schwebel, David C.

2016-01-01

Objective Unintentional drowning is the most common cause of childhood death in rural China. Global intervention efforts offer mixed results regarding the efficacy of educational programs. Methods Using a randomized controlled design, we evaluated a testimonial-based intervention to reduce drowning risk among 280 3rd- and 4th-grade rural Chinese children. Children were randomly assigned to view either testimonials on drowning risk (intervention) or dog-bite risk (control). Safety knowledge and perceived vulnerability were measured by self-report questionnaires, and simulated behaviors in and near water were assessed with a culturally appropriate dollhouse task. Results Children in the intervention group had improved children’s safety knowledge and simulated behaviors but not perceived vulnerability compared with controls. Conclusions The testimonial-based intervention’s efficacy appears promising, as it improved safety knowledge and simulated risk behaviors with water among rural Chinese children. PMID:26546476

Perceptions of industry responsibility and tobacco control policy by US tobacco company executives in trial testimony.

PubMed

Chaiton, Michael; Ferrence, Roberta; LeGresley, Eric

2006-12-01

Trial testimony from the United States provides a unique opportunity to examine strategies of the American tobacco industry. This paper examines congruence between the arguments for tobacco control policy presented by representatives of the American tobacco industry at trial and the stages of responsibility associated with corporate social responsibility principles in other industries. Trial testimony collected and coded by the Deposition and Trial Testimony Archive (DATTA). All available testimony was gathered from representative senior staff from major tobacco companies: Brown & Williamson, Philip Morris, RJ Reynolds, and Liggett. Transcripts from each witness selected were collected and imported in text format into WinMax, a qualitative data program. The documents were searched for terms relating to tobacco control policies, and relevant terms were extracted. A hand search of the documents was also conducted by reading through the testimony. Inferred responsibility for various tobacco control policies (health information, second-hand smoking, youth smoking) was coded. The level of responsibility for tobacco control policy varied according to the maturity of the issue. For emerging issues, US tobacco company representatives expressed defensiveness while, for more mature issues, such as youth smoking, they showed increased willingness to deal with the issue. This response to social issues is consistent with corporate social responsibility strategies in other industries. While other industries use corporate social responsibility programmes to address social issues to protect their core business product, the fundamental social issue with tobacco is the product itself. As such, the corporate nature of tobacco companies is a structural obstacle to reducing harm caused by tobacco use.

Tele-evidence: A videoconferencing tool as a viable alternative to physical appearance of doctors for the judicial summons.

PubMed

Bari, S; Arora, P; Gupta, A K; Singh, M; Aggarwal, A K

2018-06-26

The role of physicians often extends beyond provision of direct patient care and includes appearance in courts as professional or expert witnesses to give their testimony in various legal cases. This often consumes precious time and resources of the doctors and the hospitals. This study was taken up to evaluate the present system of the physical appearance of the doctors to various courts and compare it with the videoconferencing mode of giving testimony (tele-evidence). Available records of summons and vehicles used were analyzed to calculate the cost involved and man-hours consumed in honoring the court summons. Telemedicine facility, available in our institute, was used for conducting tele-evidence with selected courts of the two states as a pilot, which was later expanded. A survey was also done to assess the experience of the physicians with physical appearance and videoconferencing using structured questionnaire after approval from the Institute's Ethics Committee. Likert scale of 0-10 points was used to measure satisfaction. There was 43% drop in the monthly mileage of vehicles, 49% reduction in the fuel cost per month, and 28% savings in terms of time consumed for court duties. Satisfaction score for parameters of time consumed, physical strain, mental strain, communication with Honorable Judges, and overall experience was 87% through tele-evidence as compared to 31% with physical appearance. Tele-evidence is an acceptable and implementable mode of testifying and has led to tremendous resource savings in our tertiary care setting. The model needs to be replicated for deliverance of justice and is in consonance with Government's push toward Digital India.

22 CFR 92.65 - Depositions to prove genuineness of foreign documents.

Code of Federal Regulations, 2010 CFR

2010-04-01

.... The testimony should be reduced to writing or typewriting by the consular officer, or by some person... by no other person. After it has been reduced to writing or typewriting, the testimony must be signed...

78 FR 14079 - Legal Processes

Federal Register 2010, 2011, 2012, 2013, 2014

2013-03-04

... DEPARTMENT OF COMMERCE United States Patent and Trademark Office Legal Processes ACTION: Proposed... former employees of the United States Patent and Trademark Office (USPTO). The rules for these legal... employee testimony and production of documents in legal proceedings, reports of unauthorized testimony...

12 CFR 404.29 - Restrictions on testimony and production of records.

Code of Federal Regulations, 2011 CFR

2011-01-01

... DISCLOSURE Demands for Testimony of Current and Former Ex-Im Bank Personnel and for Production of Ex-Im Bank... official duties, or due to their official status, in connection with any legal proceeding to which this...

12 CFR 404.29 - Restrictions on testimony and production of records.

Code of Federal Regulations, 2010 CFR

2010-01-01

... DISCLOSURE Demands for Testimony of Current and Former Ex-Im Bank Personnel and for Production of Ex-Im Bank... official duties, or due to their official status, in connection with any legal proceeding to which this...

12 CFR 792.45 - Where do I send my request?

Code of Federal Regulations, 2010 CFR

2010-01-01

... send your request or subpoena for records or testimony to the attention of the General Counsel for the... request or subpoena for records or testimony from the Office of the Inspector General to the attention of...

5 CFR 1216.209 - Procedure when a decision is not made prior to the time a response is required.

Code of Federal Regulations, 2010 CFR

2010-01-01

... SYSTEMS PROTECTION BOARD ORGANIZATION AND PROCEDURES TESTIMONY BY MSPB EMPLOYEES RELATING TO OFFICIAL INFORMATION AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Demands or Requests for Testimony and...

22 CFR 504.6 - Filing requirements for litigants seeking documents or testimony.

Code of Federal Regulations, 2011 CFR

2011-04-01

... outweighs any need to maintain the confidentiality of the information and outweighs the burden on the BBG to... each BBG employee for time spent by the employee to prepare for testimony, in travel, and for...

22 CFR 504.6 - Filing requirements for litigants seeking documents or testimony.

Code of Federal Regulations, 2010 CFR

2010-04-01

... outweighs any need to maintain the confidentiality of the information and outweighs the burden on the BBG to... each BBG employee for time spent by the employee to prepare for testimony, in travel, and for...

Offsets Revisited

DTIC Science & Technology

1988-01-01

an import... Wliat countertrade does is to close that loop in a much more dramatic fashion. ALESA Testimony. This comment implies that despite the...1985. 11. Testimony of the American League for Exports and Security Assistance (ALESA)," In Countertrade and Offsets International Trade, Hearings

From early detection to rehabilitation in the community: reading beyond the blog testimonies of survivors' quality of life and prostate cancer representation.

PubMed

Zanchetta, Margareth Santos; Cognet, Marguerite; Lam-Kin-Teng, Mary Rachel; Dumitriu, Marie Elisabeth; Renaud, Lise; Rhéaume, Jacques

2016-12-16

Survivors' testimonies can reveal much about men's experiences of prostate cancer and impacts on their quality of life (QOL) during the clinical trajectory of the disease. These survivors' shared thoughts and views were hypothesized to reflect salient features of their lived social representation of prostate cancer. We explored the content of testimonies posted by men to a public blog hosted by a French national prostate cancer patients' association. The study question, "What do French bloggers' testimonies reveal about their lived experiences with prostate cancer, especially regarding their quality of life in community settings, that underpin their social representation of prostate cancer?" guided the exploration and analysis of the textual data. The aims were to better understand men's experiences and predominant thoughts and views, to elucidate patients' behaviours, and to enlighten medical policy and practice. Explore issues of QOL as reported by French prostate cancer survivors in a public blog by: (a) identifying the salient aspects and issues of the experience of living with prostate cancer from the perspective of survivors; and (b) analyzing the content in the posted testimonies regarding perceived and lived impacts of prostate cancer on QOL. A critical ethnographic study guided the selection of textual data from 196 male bloggers' testimonies about prostate cancer posted in the period from 2008 to 2013. Media content analysis method was undertaken on blog testimonies, framed by a multidimensional conceptual framework of QOL. Testimonies focused mainly on medical care and rehabilitation, recovery, health education and self-care, as well as on a global vision of prostate cancer and its impacts on personal views of manhood and masculinity. The language used indicated that political, educative and compassionate discourses were intertwined to create a complex representation of the experience and effects of prostate cancer; this multi-faceted representation can inform the public and professional debate about men's capacity to provide emotional support and problem-solve within a community of interest. Findings, while based on data limited to mostly one-time entries to a French blog, contribute to understanding a unique, collective expression of men's lived experiences of prostate cancer. These anonymous survivors shared their varied reactions, ways of coping, and thoughts on needed change.

Promoting ethical and objective practice in the medicolegal arena of disability evaluation.

PubMed

Martelli, M F; Zasler, N D; Johnson-Greene, D

2001-08-01

As providers of medical information and testimony, clinicians have ultimate responsibility for ethical conduct as it relates to this information. The authors offer the following recommendations for enhancing ethical relationships between expert clinicians and the courts. 1. Avoid or resist attorney efforts at enticement into joining the attorney-client team. Such compromises of scientific boundaries and ethical principles exist on a continuum ranging from standard attorney-client advocacy at the beginning of the expert consultation phase (e.g., promotional information at the forefront of retaining an expert, with either provision of selective or incomplete records or less than enthusiastic efforts to produce all records) and extending to completion of evaluation, when requests for changes in reports and documentation might be made. 2. Respect role boundaries and do not mix conflicting roles. Remember that the treating doctor possesses a bond with the patient but does not as a rule obtain complete preinjury and postinjury information in the context of assessing causality and apportionment. In contrast, the expert witness must conduct a thorough and multifaceted case analysis sans the physician-patient relationship in order to facilitate objectivity and allow optimum diagnostic formulations. Finally, the trial consultant's function in this adversarial process is to assist with critically scrutinizing and attacking positions of experts for the opposing side. These roles all represent inherently different interests, and mixing them can only reduce objectivity. 3. Insist on adequate time for thorough record review, evaluation, and report generation. Also insist on sufficient time and preparation for deposition and court appearances. 4. Work at building a reputation for general objectivity, reliance on multiple data sources, reaching opinions only after reviewing complete information from both sides, and completing the evaluation. 5. Spend a good amount of time actually treating the patient population being examined or being offered testimony about. This treatment should be current and should be of a similar frequency to treating practitioner specialists. Be able to discuss relevant research and scientific methodology issues competently and without notes. 6. Arrive at opinions only after reviewing all of the evidence from both sides of the adversarial fence, employing multiple data sources, completing the evaluation, and interpreting data within the full context of comprehensive historical, behavioral observation, and contextual information. Being otherwise favorable to retaining attorney interests suggests endorsement of "opinion prostitute," "scientific perjurer," or "hired gun" status. The only way a practitioner can reduce the likelihood of facing an "opinion prostitute" on the opposing side in future cases is to insist on establishing and maintaining a reputation for scientific objectivity. 7. Balance cases from plaintiff and defense attorneys. Predilection for one side or the other suggests bias and sets up predisposition to nonobjectivity. For example, a preponderance of plaintiff work suggests an overdiagnosis or uncritical sympathy bias, whereas a ratio that favors hiring by the defense suggests an underdiagnosis or skepticism bias. Perhaps Brodsky's suggested cut-off ratio of .8 for favorability findings would represent an initial cutoff for defense versus plaintiff ratio. That is, experts should do at least 20% work for the opposite side of the current case being represented. Further, it might be a reasonable expectation that data on these ratios be collected as an important method for ensuring objective opinions. 8. Ensure against excessive favorability to the side of the retaining attorney or firm. Objectivity demands that scientific opinions not be influenced by the position of the legal advocate. Importantly, Brodsky recommends using a ratio of .8 as a cut-off for detecting excessive bias. That is, practitioners should possess prerequisite objectivity to disagree with the referring attorney at least 20% of the time. We suggest that a more useful cut-off would be .75, where experts are expected to generate findings that do not support the referring attorney's position at least 25% of the time. 9. Never arrive at opinions that are inconsistent with plaintiff records, examination data, test data, behavioral presentation, and so forth, especially when such opinions are favorable to the side of the retaining attorney firm. Instead, use the following recommendations. (ABSTRACT TRUNCATED)

Dangerous Liaisons? Psychiatry and Law in the Court of Protection—Expert Discourses of ‘Insight’ (and ‘Compliance’)

PubMed Central

2016-01-01

A finding that ‘P’ (as the person who is subject to Court of Protection proceedings is known) lacks mental capacity is the trigger for exposing them to decision-making by others and the powers of the Court of Protection (CoP) which, in the words of Justice Hedley, can be ‘invasive and draconian’ (Hedley J in PC v City of York Council cited in [2013] EWCA Civ 478 [13]). Whilst the law asserts the upper hand in the assessment of mental capacity for persons who come before the CoP, it is the discipline of psychiatry, which dominates expert witness testimony in these proceedings. There are a number of implications of allowing psychiatry to dominate this terrain, not least that, as will be argued in this article, clinical discourse, which makes reference to non-statutory terminology such as ‘lack of insight’ and ‘non-compliance’ are imported into the business of capacity assessment. This terminology, if used lazily and without clear reference to the statutory criteria, has the potential to muddy the waters of assessing P’s capacity. At its worst, it can mask value judgements, which threaten to undermine the law’s ‘autonomy promoting’ provisions set out in the Mental Capacity Act 2005. Whilst it is not intended to discredit ‘insight’ as a concept in psychiatry, this article concludes that it has a proper context and that in the mental capacity context, decision-makers, lawyers, and advocates should exercise careful scrutiny of its use, and CoP judgments should carefully interrogate the language imported by expert witnesses. PMID:28007808

Dangerous Liaisons? Psychiatry and Law in the Court of Protection-Expert Discourses of 'Insight' (and 'Compliance').

PubMed

Case, Paula

2016-01-01

A finding that 'P' (as the person who is subject to Court of Protection proceedings is known) lacks mental capacity is the trigger for exposing them to decision-making by others and the powers of the Court of Protection (CoP) which, in the words of Justice Hedley, can be 'invasive and draconian' (Hedley J in PC v City of York Council cited in [2013] EWCA Civ 478 [13]). Whilst the law asserts the upper hand in the assessment of mental capacity for persons who come before the CoP, it is the discipline of psychiatry, which dominates expert witness testimony in these proceedings. There are a number of implications of allowing psychiatry to dominate this terrain, not least that, as will be argued in this article, clinical discourse, which makes reference to non-statutory terminology such as 'lack of insight' and 'non-compliance' are imported into the business of capacity assessment. This terminology, if used lazily and without clear reference to the statutory criteria, has the potential to muddy the waters of assessing P's capacity. At its worst, it can mask value judgements, which threaten to undermine the law's 'autonomy promoting' provisions set out in the Mental Capacity Act 2005. Whilst it is not intended to discredit 'insight' as a concept in psychiatry, this article concludes that it has a proper context and that in the mental capacity context, decision-makers, lawyers, and advocates should exercise careful scrutiny of its use, and CoP judgments should carefully interrogate the language imported by expert witnesses. © The Author 2016. Published by Oxford University Press.

5 CFR 1216.301 - Fees.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Administrative Personnel MERIT SYSTEMS PROTECTION BOARD ORGANIZATION AND PROCEDURES TESTIMONY BY MSPB EMPLOYEES RELATING TO OFFICIAL INFORMATION AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Schedule of Fees... prepare for testimony, in travel and for attendance in the legal proceeding, plus travel costs. (d...

Congressional Panel Hears Conflicting Testimony about the Troubles of Big-Time College Sports.

ERIC Educational Resources Information Center

Lederman, Douglas

1989-01-01

The House Subcommittee on Postsecondary Education heard testimony about both the positive aspects of intercollegiate sports and overcommercialization and corruption. The information gave legislators little sense of the federal government's role in overseeing college sports. (MSE)

Missing Children's Assistance Act. Hearings before the Subcommittee on Juvenile Justice of the Committee on the Judiciary. United States Senate. Ninety-Eighth Congress, Second Session on S. 2014, a Bill to Amend the Juvenile Justice and Delinquency Prevention Act of 1974 to Provide for Assistance in Locating Missing Children (February 7 and 21; March 8, 13, and 21, 1984).

ERIC Educational Resources Information Center

Congress of the U.S., Washington, DC. Senate Committee on the Judiciary.

This document presents testimony and proceedings from Congressional hearings on the problem of missing children and the remedies proposed by the Missing Children's Assistance Act. Opening testimony by Senators Arlen Specter and Paula Hawkins is presented, as is the text of the Missing Children's Assistance Act of 1983. Prepared testimony from…

Miraculous Meaning: Threatened Meaning Increases Belief in Miracles.

PubMed

Routledge, Clay; Roylance, Christina; Abeyta, Andrew A

2017-06-01

For many, religious belief is a source of meaning and a resource for coping with life stressors that have the potential to undercut meaning. In the present study, we sought to further probe the connection between religion and meaning by focusing on the potential for threatened meaning to inspire belief in miraculous testimonials. We threatened meaning with a meaninglessness manipulation and then had participants read testimonials in which people described miraculous experiences involving supernatural agents and rate the extent to which they believed these testimonials to be credible and true. Meaning threat, relative to a control condition, increased belief in miraculous stories.

Commercial programs' online weight loss claims as compared to results from randomized controlled trials

PubMed Central

Vakil, Rachit M.; Chaudhry, Zoobia W.; Doshi, Ruchi S.; Clark, Jeanne M.; Gudzune, Kimberly A.

2017-01-01

Objective To characterize weight-loss claims and disclaimers present on websites for commercial weight-loss programs and compare them to results from published randomized controlled trials (RCT). Methods We performed a content analysis of all homepages and testimonials available on the websites of 24 randomly selected programs. Two team members independently reviewed each page and abstracted information from text and images to capture relevant content including demographics, weight loss, and disclaimers. We performed a systematic review to evaluate the efficacy of these programs by searching MEDLINE and Cochrane Database of Systematic Reviews, and abstracted mean weight change from each included RCT. Results Overall, the amount of weight loss portrayed in the testimonials was extreme across all programs examined (range median weight loss 10.7 to 49.5 kg). Only 10 out of the 24 programs had eligible RCTs. Median weight losses reported in testimonials exceeded that achieved by trial participants. Most programs with RCTs (78%) provided disclaimers stating that the testimonial's results were non-typical and/or giving a range of typical weight loss. Conclusion Weight loss claims within testimonials were higher than results from RCTs. Future studies should examine whether commercial programs' advertising practices influence patients' expectations or satisfaction with modest weight loss results. PMID:28865085

32 CFR 93.3 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA PERSONNEL AS... testimony of NSA personnel as witnesses. (c) NSA personnel. (or NSA person) Includes present and former civilian employees of NSA (including non-appropriated fund activity employees), and present and former...

32 CFR 93.3 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA PERSONNEL AS... testimony of NSA personnel as witnesses. (c) NSA personnel. (or NSA person) Includes present and former civilian employees of NSA (including non-appropriated fund activity employees), and present and former...

32 CFR 93.3 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA PERSONNEL AS... testimony of NSA personnel as witnesses. (c) NSA personnel. (or NSA person) Includes present and former civilian employees of NSA (including non-appropriated fund activity employees), and present and former...

32 CFR 93.3 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA PERSONNEL AS... testimony of NSA personnel as witnesses. (c) NSA personnel. (or NSA person) Includes present and former civilian employees of NSA (including non-appropriated fund activity employees), and present and former...

32 CFR 93.3 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA PERSONNEL AS... testimony of NSA personnel as witnesses. (c) NSA personnel. (or NSA person) Includes present and former civilian employees of NSA (including non-appropriated fund activity employees), and present and former...

45 CFR 213.25 - Evidence.

Code of Federal Regulations, 2012 CFR

2012-10-01

... CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES PRACTICE AND PROCEDURE FOR HEARINGS TO... Evidence. (a) Testimony. Testimony shall be given orally under oath or affirmation by witnesses at the hearing. Witnesses shall be available at the hearing for cross-examination by all parties. (b...

45 CFR 213.25 - Evidence.

Code of Federal Regulations, 2011 CFR

2011-10-01

... CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES PRACTICE AND PROCEDURE FOR HEARINGS TO... Evidence. (a) Testimony. Testimony shall be given orally under oath or affirmation by witnesses at the hearing. Witnesses shall be available at the hearing for cross-examination by all parties. (b...

45 CFR 213.25 - Evidence.

Code of Federal Regulations, 2010 CFR

2010-10-01

... CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES PRACTICE AND PROCEDURE FOR HEARINGS TO... Evidence. (a) Testimony. Testimony shall be given orally under oath or affirmation by witnesses at the hearing. Witnesses shall be available at the hearing for cross-examination by all parties. (b...

45 CFR 213.25 - Evidence.

Code of Federal Regulations, 2013 CFR

2013-10-01

... CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES PRACTICE AND PROCEDURE FOR HEARINGS TO... Evidence. (a) Testimony. Testimony shall be given orally under oath or affirmation by witnesses at the hearing. Witnesses shall be available at the hearing for cross-examination by all parties. (b...

45 CFR 213.25 - Evidence.

Code of Federal Regulations, 2014 CFR

2014-10-01

... CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES PRACTICE AND PROCEDURE FOR HEARINGS TO... Evidence. (a) Testimony. Testimony shall be given orally under oath or affirmation by witnesses at the hearing. Witnesses shall be available at the hearing for cross-examination by all parties. (b...

29 CFR 1977.11 - Testimony.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 9 2010-07-01 2010-07-01 false Testimony. 1977.11 Section 1977.11 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT...

The John Milner Nutrition and Cancer Prevention Research Practicum | Division of Cancer Prevention

Cancer.gov

Attendee Testimonial Plenty of Food for Thought Served Up at the John Milner Nutrition and Cancer Prevention Research Practicum by Julia Tobacyk Media Folder: research_groupView the Testimonial (PDF, 790 KB) Date: March 12-16, 2018 |

22 CFR 504. 3 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Relations BROADCASTING BOARD OF GOVERNORS TESTIMONY BY BBG EMPLOYEES, PRODUCTION OF OFFICIAL RECORDS, AND... or other competent authority for the production, disclosure, or release of records or for the... whatever method, for the production of records and information or for testimony which has not been ordered...

5 CFR 1216.103 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Administrative Personnel MERIT SYSTEMS PROTECTION BOARD ORGANIZATION AND PROCEDURES TESTIMONY BY MSPB EMPLOYEES RELATING TO OFFICIAL INFORMATION AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS General Provisions... of records or for the appearance and testimony of an MSPB employee in a legal proceeding. (b) General...

The Acid Rain Debate.

ERIC Educational Resources Information Center

Bybee, Rodger; And Others

1984-01-01

Describes an activity which provides opportunities for role-playing as industrialists, ecologists, and government officials. The activity involves forming an international commission on acid rain, taking testimony, and, based on the testimony, making recommendations to governments on specific ways to solve the problem. Includes suggestions for…

76 FR 45168 - Rules Relating to Investigations

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-28

... documentary material, tangible things, written reports or answers to questions, and oral testimony, which may... documentary material, tangible things, written reports or answers to questions, and oral testimony. This... Investigations Section 1080.14 explains that documentary materials and tangible things obtained by the Bureau...

40 CFR 2.401 - Scope and purpose.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL PUBLIC INFORMATION Testimony by Employees and Production of Documents in Civil Legal Proceedings Where the United States Is Not a Party § 2.401... or subpoenaed to provide testimony concerning information acquired in the course of performing...

Perceptions of industry responsibility and tobacco control policy by US tobacco company executives in trial testimony

PubMed Central

Chaiton, Michael; Ferrence, Roberta; LeGresley, Eric

2006-01-01

Objective Trial testimony from the United States provides a unique opportunity to examine strategies of the American tobacco industry. This paper examines congruence between the arguments for tobacco control policy presented by representatives of the American tobacco industry at trial and the stages of responsibility associated with corporate social responsibility principles in other industries. Data sources Trial testimony collected and coded by the Deposition and Trial Testimony Archive (DATTA). Study selection All available testimony was gathered from representative senior staff from major tobacco companies: Brown & Williamson, Philip Morris, RJ Reynolds, and Liggett. Data extraction Transcripts from each witness selected were collected and imported in text format into WinMax, a qualitative data program. The documents were searched for terms relating to tobacco control policies, and relevant terms were extracted. A hand search of the documents was also conducted by reading through the testimony. Inferred responsibility for various tobacco control policies (health information, second‐hand smoking, youth smoking) was coded. Data synthesis The level of responsibility for tobacco control policy varied according to the maturity of the issue. For emerging issues, US tobacco company representatives expressed defensiveness while, for more mature issues, such as youth smoking, they showed increased willingness to deal with the issue. This response to social issues is consistent with corporate social responsibility strategies in other industries. Conclusion While other industries use corporate social responsibility programmes to address social issues to protect their core business product, the fundamental social issue with tobacco is the product itself. As such, the corporate nature of tobacco companies is a structural obstacle to reducing harm caused by tobacco use. PMID:17130631

Alternatives to In-Court Testimony in Child Abuse Cases

DTIC Science & Technology

1992-04-01

federal prosecutions for child abuse . Contrary to the trend in both federal and state courts, the military provides no procedural or judicial...adoption of a rule for courts-martial that would provide uniform procedural alternatives to in-court testimony in child abuse cases.

Using a health message with a testimonial to motivate colon cancer screening: associations with perceived identification and vividness.

PubMed

Dillard, Amanda J; Main, Jackie L

2013-12-01

Research suggests that testimonials, or first-person narratives, influence health behavior and health-related decision making, but few studies have examined conceptual factors that may be responsible for these effects. In the current study, older adults who were due for colorectal cancer screening read a message about screening that included a testimonial from a similar other who had previously made the screening decision. We assessed participants' identification with the testimonial character and the degree to which they found the message to be vivid. We explored associations between these factors and participants' knowledge following the message, mood, certainty about screening, and their behavioral intentions to look for more information about screening and to have a test in the next year. In bivariate analyses, identification and vividness were both significantly, positively associated with knowledge and behavioral intentions to have screening in the next year. However, multivariate analyses revealed that only vividness remained significantly associated with knowledge and intentions to be screened.

Evaluation of a Drowning Prevention Program Based on Testimonial Videos: A Randomized Controlled Trial.

PubMed

Shen, Jiabin; Pang, Shulan; Schwebel, David C

2016-06-01

Unintentional drowning is the most common cause of childhood death in rural China. Global intervention efforts offer mixed results regarding the efficacy of educational programs. Using a randomized controlled design, we evaluated a testimonial-based intervention to reduce drowning risk among 280 3rd- and 4th-grade rural Chinese children. Children were randomly assigned to view either testimonials on drowning risk (intervention) or dog-bite risk (control). Safety knowledge and perceived vulnerability were measured by self-report questionnaires, and simulated behaviors in and near water were assessed with a culturally appropriate dollhouse task. Children in the intervention group had improved children's safety knowledge and simulated behaviors but not perceived vulnerability compared with controls. The testimonial-based intervention's efficacy appears promising, as it improved safety knowledge and simulated risk behaviors with water among rural Chinese children. © The Author 2015. Published by Oxford University Press on behalf of the Society of Pediatric Psychology. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

"It Was the Best Decision of My Life": a thematic content analysis of former medical tourists' patient testimonials.

PubMed

Hohm, Carly; Snyder, Jeremy

2015-01-22

Medical tourism is international travel with the intention of receiving medical care. Medical tourists travel for many reasons, including cost savings, limited domestic access to specific treatments, and interest in accessing unproven interventions. Medical tourism poses new health and safety risks to patients, including dangers associated with travel following surgery, difficulty assessing the quality of care abroad, and complications in continuity of care. Online resources are important to the decision-making of potential medical tourists and the websites of medical tourism facilitation companies (companies that may or may not be affiliated with a clinic abroad and help patients plan their travel) are an important source of online information for these individuals. These websites fail to address the risks associated with medical tourism, which can undermine the informed decision-making of potential medical tourists. Less is known about patient testimonials on these websites, which can be a particularly powerful influence on decision-making. A thematic content analysis was conducted of patient testimonials hosted on the YouTube channels of four medical tourism facilitation companies. Five videos per company were viewed. The content of these videos was analyzed and themes identified and counted for each video. Ten main themes were identified. These themes were then grouped into three main categories: facilitator characteristics (e.g., mentions of the facilitator by name, reference to the price of the treatment or to cost savings); service characteristics (e.g., the quality and availability of the surgeon, the quality and friendliness of the support staff); and referrals (e.g., referrals to other potential medical tourists). These testimonials were found either not to mention risks associated with medical tourism or to claim that these risks can be effectively managed through the use of the facilitation company. The failure fully to address the risks of medical tourism can undermine the informed decision-making of potential medical tourists, particularly given the considerable influence on decision-making by patient testimonials. Regulation of these global companies is difficult, making the development of testimonials highlighting the risks of medical tourism essential. Additional research is needed on the impact of patient testimonial videos on the decision-making of potential medical tourists.

37 CFR 205.23 - Scope of testimony.

Code of Federal Regulations, 2010 CFR

2010-07-01

... limited to facts within the personal knowledge of the Office employee. An Office employee is prohibited..., that employee is further prohibited from giving testimony in response to an inquiry about the bases... employee considered or studied material in performing the function. (3) To inquire into the bases, reasons...

29 CFR 18.903 - Subscribing witness' testimony unnecessary.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Subscribing witness' testimony unnecessary. 18.903 Section 18.903 Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES Rules of Evidence Authentication and Identification...

37 CFR 205.22 - Production of documents and testimony.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Office website also allows online searching of copyright registration information and information... Office during regular business hours. If the information sought to be obtained from the Office is not... Copyright Office employee shall give testimony concerning the official business of the Office or produce any...

10 CFR 1707.201 - General prohibition.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 10 Energy 4 2014-01-01 2014-01-01 false General prohibition. 1707.201 Section 1707.201 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.201 General prohibition. No...

10 CFR 1707.201 - General prohibition.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false General prohibition. 1707.201 Section 1707.201 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.201 General prohibition. No...

10 CFR 1707.206 - Final determination.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Final determination. 1707.206 Section 1707.206 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.206 Final determination. The...

10 CFR 1707.201 - General prohibition.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 10 Energy 4 2011-01-01 2011-01-01 false General prohibition. 1707.201 Section 1707.201 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.201 General prohibition. No...

10 CFR 1707.206 - Final determination.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 10 Energy 4 2012-01-01 2012-01-01 false Final determination. 1707.206 Section 1707.206 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.206 Final determination. The...

10 CFR 1707.206 - Final determination.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 10 Energy 4 2014-01-01 2014-01-01 false Final determination. 1707.206 Section 1707.206 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.206 Final determination. The...

10 CFR 1707.206 - Final determination.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 10 Energy 4 2011-01-01 2011-01-01 false Final determination. 1707.206 Section 1707.206 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.206 Final determination. The...

10 CFR 1707.201 - General prohibition.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 10 Energy 4 2013-01-01 2013-01-01 false General prohibition. 1707.201 Section 1707.201 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.201 General prohibition. No...

10 CFR 1707.206 - Final determination.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 10 Energy 4 2013-01-01 2013-01-01 false Final determination. 1707.206 Section 1707.206 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.206 Final determination. The...

10 CFR 1707.201 - General prohibition.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 10 Energy 4 2012-01-01 2012-01-01 false General prohibition. 1707.201 Section 1707.201 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.201 General prohibition. No...

50 CFR 228.17 - Direct testimony.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 50 Wildlife and Fisheries 9 2011-10-01 2011-10-01 false Direct testimony. 228.17 Section 228.17 Wildlife and Fisheries NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE MARINE MAMMALS NOTICE AND HEARING ON SECTION 103(d) REGULATIONS § 228.17 Direct...

50 CFR 228.7 - Direct testimony submitted as written documents.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 50 Wildlife and Fisheries 9 2011-10-01 2011-10-01 false Direct testimony submitted as written documents. 228.7 Section 228.7 Wildlife and Fisheries NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE MARINE MAMMALS NOTICE AND HEARING ON SECTION...

Testimony: Combating the Student Loan Burden

ERIC Educational Resources Information Center

Helmcamp, Leslie

2012-01-01

The Center for Public Policy Priorities (CPPP) provides written testimony on the Senate Higher Education Committee interim charges exploring student financial aid and the issue of student loan debt Texas institutions of higher education. This paper highlights recommendations for strengthening and improving the financial aid system in Texas to…

37 CFR 205.22 - Production of documents and testimony.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 37 Patents, Trademarks, and Copyrights 1 2012-07-01 2012-07-01 false Production of documents and testimony. 205.22 Section 205.22 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS... fees associated with various document requests, searches, copies, and expedited handling are listed in...

37 CFR 205.22 - Production of documents and testimony.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 37 Patents, Trademarks, and Copyrights 1 2013-07-01 2013-07-01 false Production of documents and testimony. 205.22 Section 205.22 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS... fees associated with various document requests, searches, copies, and expedited handling are listed in...

37 CFR 205.22 - Production of documents and testimony.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 37 Patents, Trademarks, and Copyrights 1 2011-07-01 2011-07-01 false Production of documents and testimony. 205.22 Section 205.22 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS... fees associated with various document requests, searches, copies, and expedited handling are listed in...

20 CFR 403.110 - What special definitions apply to this part?

Code of Federal Regulations, 2010 CFR

2010-04-01

...? 403.110 Section 403.110 Employees' Benefits SOCIAL SECURITY ADMINISTRATION TESTIMONY BY EMPLOYEES AND THE PRODUCTION OF RECORDS AND INFORMATION IN LEGAL PROCEEDINGS § 403.110 What special definitions... obtain the production, disclosure, or release of information, records, or the testimony of an SSA...

14 CFR 16.223 - Evidence.

Code of Federal Regulations, 2010 CFR

2010-01-01

... shall be submitted in written form in advance of the oral hearing pursuant to the schedule established in the hearing officer's prehearing conference report. Written direct and rebuttal fact testimony... written testimony and evidence. Except in the case of evidence obtained by subpoena, or in the case of a...

42 CFR 93.511 - Prehearing conferences.

Code of Federal Regulations, 2010 CFR

2010-10-01

... administrative actions, and amendments to the pleadings, including any need for a more definite statement; (2... before the hearing; (5) Identification of evidence, pleadings, and other materials, if any, that the... nature of their testimony, and the limitation on the number of witnesses and the scope of their testimony...

Social media patient testimonials in implant dentistry: information or misinformation?

PubMed

Ho, Adrian; McGrath, Colman; Mattheos, Nikos

2017-07-01

This study aims to assess the educational value of YouTube patient testimonial videos in implant dentistry and qualitatively analyse the themes mentioned. Videos were sampled consecutively on YouTube, using the keywords "dental implant patients' testimonials experience," sorted "by relevance." Patient testimonials on dental implant treatment were examined. Inaudible or non-English videos were excluded. Four calibrated investigators scored the videos for educational content, using a matrix derived from the European Association for Osseointegration information booklet, and demographic details were recorded. Data were analysed qualitatively through inductive thematic analysis. A total of 202 videos were analysed (48 exclusions). Inter-examiner reliability was fair to moderate for informative statements and poor to substantial for misleading statements. A mean of 1.8 informative statements were made per video, compared with misleading, 0.5. Many topics were rarely mentioned, with 19/30 themes appearing fewer than 5% of videos. Patients often informed that implants could improve aesthetics and function, but were misleading on aspects of pain control. Some statements may heighten expectations or imply permanency of treatment. Balanced presentation in YouTube testimonials may be limited by bias of clinician-uploaded content. Greater magnitude and breadth of information would improve educational value. Many important parameters of implant therapy were overlooked, whilst information was often potentially misleading. © 2016 John Wiley & Sons A/S. Published by John Wiley & Sons Ltd.

The "general recognition and acceptance" standard of objectivity for good faith in prescribing: legal and medical implications.

PubMed

Brushwood, David B

2007-01-01

The United States Court of Appeals for the 4th Circuit has ruled that a jury considering charges of drug trafficking against a pain management physician should be instructed that the defendant's good faith is a defense to the charges. The court rejected a subjective standard of good faith, and instead ruled that the good faith of the defendant must be evaluated from an objective perspective. This objective standard requires that the jury determine whether the defendant was practicing in accordance with the standard generally recognized and accepted in the United States. General recognition and acceptance are determined on a case-by-case basis, within the context of a defendant's practice. Simply because a physician's practice is out of the norm for many physicians does not mean it can't be generally recognized and accepted within the standard of medical practice. Expert witness testimony of pain management physicians will assist juries in the application of this standard for good faith in prescribing.

Local action on outdoor air pollution to improve public health.

PubMed

Vardoulakis, Sotiris; Kettle, Rachel; Cosford, Paul; Lincoln, Paul; Holgate, Stephen; Grigg, Jonathan; Kelly, Frank; Pencheon, David

2018-06-01

The National Institute for Health and Care Excellence, jointly with Public Health England, have developed a guideline on outdoor air pollution and its links to health. The guideline makes recommendations on local interventions that can help improve air quality and prevent a range of adverse health outcomes associated with road-traffic-related air pollution. The guideline was based on a rigorous assessment of the scientific evidence by an independent advisory committee, with input from public health professionals and other professional groups. The process included systematics reviews of the literature, expert testimonies and stakeholder consultation. The guideline includes recommendations for local planning, clean air zones, measures to reduce emissions from public sector transport services, smooth driving and speed reduction, active travel, and awareness raising. The guideline recommends taking a number of actions in combination, because multiple interventions, each producing a small benefit, are likely to act cumulatively to produce significant change. These actions are likely to bring multiple public health benefits, in addition to air quality improvements.

Empirical research on the insanity defense and attempted reforms: evidence toward informed policy.

PubMed

Borum, R; Fulero, S M

1999-06-01

The paper addresses some common questions about the insanity defense and issues raised by commonly proposed "reforms." The first section begins with a brief description of the insanity defense and the reasons for its existence in the law. It then examines some of the popular myths and public misperceptions surrounding the insanity defense. The next three sections discuss proposed "reforms" and the empirical research that addresses their effect. These reforms, including various procedural changes in definitions, burden of proof, and expert testimony, the institution of a guilty but mentally ill verdict, and the abolition of the insanity defense itself, are reviewed, along with relevant research findings and policy issues. Finally, the development of sound conditional release programs for criminal defendants found not guilty by reason of insanity is proposed as a reform option which could serve the objectives of enhancing public safety and access to appropriate treatment while continuing to meet the objectives of the insanity defense within criminal jurisprudence.

Empirical research on the insanity defense and attempted reforms: evidence toward informed policy.

PubMed

Borum, R; Fulero, S M

1999-02-01

This paper addresses some common questions about the insanity defense and issues raised by commonly proposed "reforms." The first section begins with a brief description of the insanity defense and the reasons for its existence in the law. It then examines some of the popular myths and public misperceptions surrounding the insanity defense. The next three sections discuss proposed "reforms" and the empirical research that addresses their effect. These reforms, including various procedural changes in definitions, burden of proof, and expert testimony, the institution of a guilty but mentally ill verdict, and the abolition of the insanity defense itself, are reviewed, along with relevant research findings and policy issues. Finally, the development of sound conditional release programs for criminal defendants found not guilty by reason of insanity is proposed as a reform option which could serve the objectives of enhancing public safety and access to appropriate treatment while continuing to meet the objectives of the insanity defense within criminal jurisprudence.

Foetal Alcohol Spectrum Disorders: A consideration of sentencing and unreliable confessions.

PubMed

Douglas, Heather

2015-12-01

While Foetal Alcohol Spectrum Disorders (FASDs) are now a strong focus of policy-makers throughout Australia, they have received strikingly little consideration in Australian criminal courts. Many people who have an FASD are highly suggestible, have difficulty linking their actions to consequences, controlling impulses and remembering things, and thus FASD raises particular issues for appropriate sentencing and the admissibility of evidence. This article considers the approach of Australian criminal courts to FASD. It reviews the recent case of AH v Western Australia which exemplifies the difficulties associated with appropriate sentencing in cases where the accused is likely to have an FASD. The article also considers the implications for Australian courts of the New Zealand case of Pora v The Queen, recently heard by the Privy Council. In this case, the Privy Council accepted expert evidence that people with FASD may confabulate evidence, potentially making their testimony unreliable. The article concludes with an overview of developments in criminal policy and legal response in relation to FASD in the United States, Canada and Australia.

Science, Right and Communication of Risk in L'Aquila trial

NASA Astrophysics Data System (ADS)

Altamura, Marco; Miozzo, Davide; Boni, Giorgio; Amato, Davide; Ferraris, Luca; Siccardi, Franco

2013-04-01

CIMA Research Foundation has had access to all the information of the criminal trial held in l'Aquila intended against some of the members of the Commissione Nazionale Grandi Rischi (National Commission for Forecasting and Preventing Major Risks) and some directors of the Italian Civil Protection Department. These information constitute the base of a study that has examined: - the initiation of investigations by the families of the victims; - the public prosecutor's indictment; - the testimonies; - the liaison between experts in seismology social scientists and communication; - the statement of the defence; - the first instance decision of condemnation. The study reveals the paramount importance of communication of risk as element of prevention. Taken into particular account is the method of the Judicial Authority ex-post control on the evaluations and decisions of persons with a role of decision maker within the Civil Protection system. In the judgment just published by the Court of l'Aquila, the reassuring information from scientists and operators of Civil Protection appears to be considered as a negative value.

Researcher liability for negligence in human subject research: informed consent and researcher malpractice actions.

PubMed

Jansson, Roger L

2003-02-01

Two sets of federal regulations, the "Common Rule" and Food and Drug Administration (FDA) regulations, govern human subject research that is either federally-funded or involves FDA regulated products. These regulations require, inter alia, that: (1) researchers obtain informed consent from human subjects, and (2) that an Institutional Review Board (IRB) independently review and approve the research protocol. Although the federal regulations do not provide an express cause of action against researchers, research subjects should be able to bring informed consent and malpractice actions against researchers by establishing a duty of care and standard of care. Researchers owe human subjects a duty of care analogous to the special relationship between physicians and patients. The federal regulations should provide the minimum standard of care for informed consent in human subject research, and complying with them should be a partial defense. In contrast, expert testimony should establish the standard of care for researcher malpractice, and IRB approval should be a partial defense.

Regimental Medical Officer Charles McKerrow: saving lives on the Western Front.

PubMed

Mayhew, E

2014-01-01

Ayrshire general practitioner Charles McKerrow was appointed regimental medical officer (RMO) to the 10th Battalion Northumberland Fusiliers in 1915. At this time, fundamental restructuring of the military medical service on the Western Front had two main effects: surgical capability was moved forward as close to the front as possible and specialist stretcher bearers were trained to apply emergency first aid at the place of injury and to triage casualties appropriately. The specialist stretcher bearers were the equivalent of today's combat medical technicians. The reorganisation was undertaken in a rapid, improvised 'bottom-up' manner and there are very few official records to detail the process. McKerrow and RMOs of his calibre were integral to the successful implementation and operation of this reorganisation so their personal archives are the primary sources for its history. McKerrow's record is particularly detailed and insightful on the process; he was not only an extraordinarily fine medical officer but also provided expert testimony on a period of military medical change that was enduringly successful.

A content analysis of advertisements for psychotherapy workshops: implications for disseminating empirically supported treatments.

PubMed

Cook, Joan M; Weingardt, Kenneth R; Jaszka, Jacqueline; Wiesner, Michael

2008-03-01

This study involved a content analysis of 261 unique advertisements for psychotherapy workshops that appeared in two bimonthly clinical magazines, Psychotherapy Networker and Counselor, during a 2-year period. Two independent judges coded each advertisement and documented the type and prevalence of advertising appeals used. From the seminal diffusion of innovations model, Rogers' (2003) five perceived characteristics of innovations found to influence adoption in diverse fields were not well represented in these workshops appeals, appearing less than 10% each. Few advertisements cited specific empirically supported treatments or presented any evidence of treatment effectiveness beyond expert testimonials. The most frequently noted appeals were to benefit the clinician (e.g., earning education credit or developing skills), characteristics that enhance credibility of the workshop (e.g., reference to storied history or mention of faculty), and features of the advertisements itself (e.g., use of superlatives and exclamation points). Promotional strategies to advertise psychotherapy workshops can be used to inform the dissemination of empirically supported treatments.

Children's Causal Inferences from Conflicting Testimony and Observations

ERIC Educational Resources Information Center

Bridgers, Sophie; Buchsbaum, Daphna; Seiver, Elizabeth; Griffiths, Thomas L.; Gopnik, Alison

2016-01-01

Preschoolers use both direct observation of statistical data and informant testimony to learn causal relationships. Can children integrate information from these sources, especially when source reliability is uncertain? We investigate how children handle a conflict between what they hear and what they see. In Experiment 1, 4-year-olds were…

32 CFR 93.7 - Responsibilities.

Code of Federal Regulations, 2012 CFR

2012-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

32 CFR 93.7 - Responsibilities.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

32 CFR 93.7 - Responsibilities.

Code of Federal Regulations, 2011 CFR

2011-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

32 CFR 93.7 - Responsibilities.

Code of Federal Regulations, 2013 CFR

2013-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

32 CFR 93.7 - Responsibilities.

Code of Federal Regulations, 2014 CFR

2014-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

Power through Testimony: Reframing Residential Schools in the Age of Reconciliation

ERIC Educational Resources Information Center

Capitaine, Brieg, Ed.; Vanthuyne, Karine, Ed.

2017-01-01

"Power through Testimony" documents how survivors are remembering and reframing our understanding of residential schools in the wake of the 2007 Indian Residential Schools Settlement Agreement and the Truth and Reconciliation Commission (TRC), a forum for survivors, families, and communities to share their memories and stories with the…

49 CFR 511.35 - Testimony upon oral examination.

Code of Federal Regulations, 2010 CFR

2010-10-01

... sealed envelope on the party conducting the examination. That party shall transmit the envelope to the... envelope endorsed with the title and docket number of the action and marked “Testimony of [name of witness... the examination shall pay for the transcription. (g) Failure to attend or to serve subpoena; expenses...

Vulnerabilities in the Stafford Student Loan Program.

ERIC Educational Resources Information Center

Thompson, Lawrence H.

This testimony before the House Subcommittee on Postsecondary Education addresses the need for improving student financial aid programs administered by the Department of Education, and in particular, the Stafford Student Loan Programs. The testimony begins with a brief review of the default problems involving student loans. Next, an examination is…

21 CFR 1316.58 - Summary of testimony; affidavits.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Summary of testimony; affidavits. 1316.58 Section 1316.58 Food and Drugs DRUG ENFORCEMENT ADMINISTRATION, DEPARTMENT OF JUSTICE ADMINISTRATIVE FUNCTIONS... served on all parties in advance of the hearing. Witnesses will not be permitted to read summaries of...

Child Eyewitness Testimony in Sexual Abuse Investigations.

ERIC Educational Resources Information Center

Mapes, Bruce E.

Intended to help in the forensic investigation of child abuse allegations, this book explores several issues related to children's allegations of sexual abuse and subsequent testimony. Chapter 1 presents an overview of: the informational needs of child welfare agencies and the courts; the scope of the forensic assessment; and the standards and…

15 CFR 15.11 - Scope.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Scope. 15.11 Section 15.11 Commerce and Foreign Trade Office of the Secretary of Commerce LEGAL PROCEEDINGS Testimony by Employees and the... procedures of the Department of Commerce regarding the testimony of employees, and former employees, as...

Testimony and Interrogation of Minors: Assumptions about Maturity and Morality

ERIC Educational Resources Information Center

Owen-Kostelnik, Jessica; Reppucci, N. Dickon; Meyer, Jessica R.

2006-01-01

This article examines the legal histories and social contexts of testimony and interrogation involving minors, developmental research on suggestibility and judgment, interactions between development and legal/sociological contexts, and the reasoning behind how minors are treated in different legal contexts. The authors argue (a) that young…

18 CFR 375.309 - Delegations to the General Counsel.

Code of Federal Regulations, 2010 CFR

2010-04-01

..., compel their attendance and testimony, take evidence, compel the filing of special reports and... and affirmations, subpoena witnesses, compel their attendance and testimony, take evidence, compel the... Policy Act of 1978, 15 U.S.C. 3301-3432 (1982). (f) Deny or grant, in whole or in part, petitions for...

10 CFR 1707.202 - Factors DNFSB will consider.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 10 Energy 4 2012-01-01 2012-01-01 false Factors DNFSB will consider. 1707.202 Section 1707.202 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.202 Factors DNFSB...

10 CFR 1707.202 - Factors DNFSB will consider.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 10 Energy 4 2011-01-01 2011-01-01 false Factors DNFSB will consider. 1707.202 Section 1707.202 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.202 Factors DNFSB...

10 CFR 1707.202 - Factors DNFSB will consider.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 10 Energy 4 2014-01-01 2014-01-01 false Factors DNFSB will consider. 1707.202 Section 1707.202 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.202 Factors DNFSB...

10 CFR 1707.208 - Restrictions that apply to released records.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 10 Energy 4 2014-01-01 2014-01-01 false Restrictions that apply to released records. 1707.208 Section 1707.208 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707...

10 CFR 1707.202 - Factors DNFSB will consider.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Factors DNFSB will consider. 1707.202 Section 1707.202 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.202 Factors DNFSB...

10 CFR 1707.208 - Restrictions that apply to released records.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 10 Energy 4 2012-01-01 2012-01-01 false Restrictions that apply to released records. 1707.208 Section 1707.208 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707...

10 CFR 1707.208 - Restrictions that apply to released records.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 10 Energy 4 2011-01-01 2011-01-01 false Restrictions that apply to released records. 1707.208 Section 1707.208 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707...

10 CFR 1707.208 - Restrictions that apply to released records.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Restrictions that apply to released records. 1707.208 Section 1707.208 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707...

10 CFR 1707.208 - Restrictions that apply to released records.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 10 Energy 4 2013-01-01 2013-01-01 false Restrictions that apply to released records. 1707.208 Section 1707.208 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707...

10 CFR 1707.202 - Factors DNFSB will consider.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 10 Energy 4 2013-01-01 2013-01-01 false Factors DNFSB will consider. 1707.202 Section 1707.202 Energy DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.202 Factors DNFSB...

Perceived Credibility and Eyewitness Testimony of Children with Intellectual Disabilities

ERIC Educational Resources Information Center

Henry, L.; Ridley, A.; Perry, J.; Crane, L.

2011-01-01

Background: Although children with intellectual disabilities (ID) often provide accurate witness testimony, jurors tend to perceive their witness statements to be inherently unreliable. Method: The current study explored the free recall transcripts of child witnesses with ID who had watched a video clip, relative to those of typically developing…

37 CFR 41.157 - Taking testimony.

Code of Federal Regulations, 2010 CFR

2010-07-01

... foreign language. If an interpreter will be used during the deposition, the party calling the witness must... the objection. (5) When the testimony has been transcribed, the witness shall read and sign (in the...) The witness refuses to read or sign the transcript of the deposition. (6) The officer shall prepare a...

45 CFR 1201.5 - Testimony and production of documents prohibited unless approved by appropriate Corporation...

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Testimony and production of documents prohibited... Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE PRODUCTION OR... and production of documents prohibited unless approved by appropriate Corporation officials. (a...

44 CFR 5.83 - Authority to accept service of subpoenas.

Code of Federal Regulations, 2010 CFR

2010-10-01

... production of records held by FEMA Regional offices or for the oral or written testimony of FEMA Regional... AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information § 5.83...

10 CFR 2.1323 - Presentation of testimony in an oral hearing.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 10 Energy 1 2011-01-01 2011-01-01 false Presentation of testimony in an oral hearing. 2.1323 Section 2.1323 Energy NUCLEAR REGULATORY COMMISSION RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS Procedures for Hearings on License Transfer Applications § 2.1323 Presentation...

Climate change science : high quality greenhouse gas emissions data are a cornerstone of programs to address climate change

DOT National Transportation Integrated Search

2009-02-24

This testimony focuses on (1) the importance of quality data on emissions in the context of a program intended to limit greenhouse gas emissions, and (2) key considerations in developing reliable data on greenhouse gas emissions. This testimony is ba...

12 CFR 911.7 - Availability of unpublished information by testimony.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 12 Banks and Banking 8 2012-01-01 2012-01-01 false Availability of unpublished information by testimony. 911.7 Section 911.7 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOUSING FINANCE BOARD ORGANIZATION AND OPERATIONS AVAILABILITY OF UNPUBLISHED INFORMATION § 911.7 Availability of unpublished...

12 CFR 911.7 - Availability of unpublished information by testimony.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 12 Banks and Banking 8 2013-01-01 2013-01-01 false Availability of unpublished information by testimony. 911.7 Section 911.7 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOUSING FINANCE BOARD ORGANIZATION AND OPERATIONS AVAILABILITY OF UNPUBLISHED INFORMATION § 911.7 Availability of unpublished...

12 CFR 911.7 - Availability of unpublished information by testimony.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Availability of unpublished information by testimony. 911.7 Section 911.7 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOUSING FINANCE BOARD ORGANIZATION AND OPERATIONS AVAILABILITY OF UNPUBLISHED INFORMATION § 911.7 Availability of unpublished...

36 CFR 1012.1 - What does this part cover?

Code of Federal Regulations, 2010 CFR

2010-07-01

... part is intended to impede the appropriate disclosure under applicable laws of Presidio Trust...? 1012.1 Section 1012.1 Parks, Forests, and Public Property PRESIDIO TRUST LEGAL PROCESS: TESTIMONY BY... describes how the Presidio Trust responds to requests or subpoenas for: (1) Testimony by employees in State...

19 CFR 163.7 - Summons.

Code of Federal Regulations, 2010 CFR

2010-04-01

... summons is prima facie evidence of the facts it states. (d) Transcript of testimony under oath. Testimony... 19 Customs Duties 2 2010-04-01 2010-04-01 false Summons. 163.7 Section 163.7 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED...

37 CFR 205.22 - Production of documents and testimony.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 37 Patents, Trademarks, and Copyrights 1 2014-07-01 2014-07-01 false Production of documents and testimony. 205.22 Section 205.22 Patents, Trademarks, and Copyrights U.S. COPYRIGHT OFFICE, LIBRARY OF... fees associated with various document requests, searches, copies, and expedited handling are listed in...

49 CFR 511.35 - Testimony upon oral examination.

Code of Federal Regulations, 2011 CFR

2011-10-01

...) Transcription and filing of testimony—(1) Transcription. Upon request by any party, the testimony recorded at an... party who notices the examination shall pay for the examination. The party who requests transcription of the examination shall pay for the transcription. (g) Failure to attend or to serve subpoena; expenses...

Testimony: Writing Cooperatively.

ERIC Educational Resources Information Center

Sasser, Linda; Cromwell, Carole

A lesson plan and supportive materials for an exercise in reading comprehension and cooperative writing are presented. The exercise is based on a story entitled "Testimony," in which a writer expresses feelings about a boxing match. The lesson plan outlines procedures for presentation of the exercise to the class, for the cooperative teams to…

49 CFR 835.4 - Use of reports.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 7 2010-10-01 2010-10-01 false Use of reports. 835.4 Section 835.4 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.4 Use of reports. (a) As a testimonial aid and to refresh their memories...

20 CFR 403.150 - Is there a fee for our services?

Code of Federal Regulations, 2010 CFR

2010-04-01

... Section 403.150 Employees' Benefits SOCIAL SECURITY ADMINISTRATION TESTIMONY BY EMPLOYEES AND THE PRODUCTION OF RECORDS AND INFORMATION IN LEGAL PROCEEDINGS § 403.150 Is there a fee for our services? (a..., or testimony. Make fees payable to the Social Security Administration by check or money order. (b...

45 CFR 99.25 - Evidence.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Evidence. 99.25 Section 99.25 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION PROCEDURE FOR HEARINGS FOR THE CHILD CARE AND DEVELOPMENT FUND Hearing Procedures § 99.25 Evidence. (a) Testimony. Testimony shall be given orally under...

Testimony by Melissa Reeves

ERIC Educational Resources Information Center

Communique, 2010

2010-01-01

This article presents the testimony by Dr. Melissa Reeves, a school psychologist and faculty member in the school psychology program at Winthrop University. Dr. Reeves shares her view of the critical role schools must play in crisis response and recovery. In addition to being a graduate educator and a consulting school psychologist, Dr. Reeves is…

12 CFR 261.21 - Confidential information made available to law enforcement agencies and other nonfinancial...

Code of Federal Regulations, 2011 CFR

2011-01-01

... examined institution in question rather than from the Board; (3) A statement of the law enforcement purpose.... (f) Requests for testimony or interviews. Government agencies seeking to obtain testimony or interviews from current and former Federal Reserve System staff concerning any confidential information of...

8 CFR 316.10 - Good moral character.

Code of Federal Regulations, 2013 CFR

2013-01-01

... was not a single offense for simple possession of 30 grams or less of marijuana; (iv) Admits... testimony to obtain any benefit from the Act, if the testimony was made under oath or affirmation and with an intent to obtain an immigration benefit; this prohibition applies regardless of whether the...