Description
Witness Testimony
A Dialogue between Law, Psychology and Epistemology
Ramos, Vitor de Paula
ISBN 978-3-032-40322-3 · Springer · XXII, 144 p. 1 illus. ·
Description / Beschreibung
This book initially takes a snapshot of the state of the art in the legal sciences regarding witness testimony, both in the doctrine and case law of various countries. Essentially, in this first part, the book tries to show that the law usually deals with witness testimony from two mistaken premises: from the idea that the witness either tells the truth or lies, ignoring honest mistakes; and from the idea that fact-finders or others who receive testimony would be able to detect lies. In the second part, the book initially looks to the epistemology of testimony as a basis for disproving the idea that testimony should be presumed true when there is no evidence to the contrary. Subsequently, using rigorous scientific methodology to search for empirical studies, the text identifies what science has consolidated in recent decades as knowledge about the functioning of perception, memory storage and retrieval. Basically, this part demonstrates the existence of honest mistakes, with their numerous scientifically proven sources (passage of time, post-event information, ways of asking questions, weapon focus effect, etc.), and the inability of human beings to detect lies. In the third and final part, once the premises on which legal systems are normally based have been shown to be false, the text presents proposals, both theoretical and practical, the latter aimed at each subject involved in the admission, production and evaluation of witness testimony (judges, lawyers, prosecutors, witnesses, etc.).
Contents / Inhaltsverzeichnis
1. Introduction.- 2. Premises of the new evidential reasoning: two models for the functioning of the evidence.- 3. Witness testimony and its state of the art within civil law legal scholarship and caselaw.- 4. Science and the premises of traditional scholarship.- 5. Proposal for a reconstruction of witness testimony.- 6. Conclusions.
Contributors / Mitwirkende
Vitor de Paula Ramos holds a PhD in Law, Economy, and Companies from the University of Girona, Spain, and a PhD in Law with an emphasis in Civil Procedure from the Federal University of Rio Grande do Sul (UFRGS), Brazil. His post-doctoral research was conducted at Northwestern University, USA, and the University of Brescia, Italy. He is a Brazilian qualified lawyer, consultant, and scholar, specializing in Civil Procedure, Evidence and Evidential Reasoning. He has extensive experience as a lawyer in Brazil and is currently a Professor of Law at the Pontifical Catholic University of Rio Grande do Sul (PUCRS), Brazil, and a Professor in the Master in Evidential Reasoning program at the University of Girona, Spain. His research interests include proof, evidence (mainly witness testimony and documentary evidence), civil procedure, and the intersection of law and epistemology.Vitor has also authored numerous books and articles in Portuguese, Spanish, and English, focusing on civil procedure, evidence and proof, evidential reasoning, and legal epistemology. He is the President of the Brazilian Institute of Law and Evidential Reasoning (IBDRP) and a member of several prestigious legal associations, including the International Association of Procedural Law (IAPL) and the Ibero-American Institute of Procedural Law (IIDP). He also serves on the advisory board of the International Journal on Evidential Legal Reasoning, Quaestio Facti.
Features / Besonderheiten
Offers insights into the flaws of witness testimony in legal systems Analyzes scientific findings on perception, memory, and lie detection Provides practical strategies for evaluating witness testimony
