The Challenges of Forensic Linguistic Analysis of False Testimony

In a trial examination of a criminal case, the judge conducts an examination with at least two valid pieces of evidence and also pays attention to the indictment of the public prosecutor regarding what criminal act the defendant has committed. In the case of murder the judge needs a forensic expert to find out what caused the criminal incident. The forensic doctor's statement in the form of a visum et repertum plays a role in deciding / imposing a sentence for the convicted person, because the Visum Et Repertum contains information or information about the causes that resulted in a person's death or injury. The formulation of the problems in this study are: 1. What is the role of forensic experts in uncovering the crime of murder? 2. What are the obstacles faced by forensic experts in uncovering the crime of murder? This study used a normative approach, the research material was collected using document study techniques, and data analysis techniques were used qualitatively. The results of the research show that: 1. The role of a forensic specialist is very important in uncovering the crime of murder, namely being able to directly provide information in court in the form of visum et repertum. 2. The judge's consideration of the results of the forensic doctor's testimony in court in revealing the crime of murder is very helpful for the judge in taking a legal consideration.Keywords: Witness; forensic expert; Criminal act; Suspect; Murder.

Much has been written about forensic psychiatry experts skewing their opinions and their testimony to suit the attorneys who retain them. In this article the author discusses a less common but even more problematic use of experts by attorneys: using them to present their clients' or victims' testimony in court without their having to undergo cross-examination. Courts have disagreed over the admissibility of such testimony; a number have permitted victim testimony by proxy (particularly in the case of child victims of sexual abuse, to protect them from retraumatization). Fewer have allowed criminal defendants' testimony to be presented through experts. The legal issue is whether the medical records exception to the hearsay rule in the federal and state rules of evidence permits the testimony; those courts that have barred such testimony have held that the purpose of the testimony was not to explain diagnosis or legal conclusions, but simply to avoid cross-examination. Cases illustrating this issue are discussed. Much of the discussion involves Colorado cases because, according to a computer search of the relevant case law, the issue has been litigated there more often than in other states.

Eugen Bleuler and forensic psychiatry

This work summarizes information from the modern scientific literature devoted to the issues of morphology and mechanisms of an isolated mesenteric injury, which is rare in expert practice. Apart from classic forensic medical papers, publications over 2000 – 2020, devoted to abdominal organ injuries, were analyzed. In the search engines PUBMED and eLibrary.ru, a selection of sources was made according to the keywords: “rupture of the mesenteric root of the small intestine,” “diagnostics,” “forensic medical evaluation.” The results of the literature analysis were used in the study of the repeated forensic medical examination materials of a case of rapid death (in 1.5 hours) due to a traumatic rupture of the mesentery of the small bowel and its large vessels. The combined analysis of the expert case report and special scientific literature allows us to devise the following conclusions: 1. A forensic expert must have expert knowledge in the normal anatomy of the abdominal aorta’s unpaired vessels and their accompanying veins location and know about their variable topographic and anatomical features. 2. Life-threatening bleeding from the damaged vessel of the mesentery of the small bowel occurs in a wide time interval after the mechanical damage. 3. The development of life-threatening intra-abdominal bleeding is due to the scope of damage and the rate of blood flow from the damaged vessel. 4. Thorough examination of the area of rupture of the mesenteric vessel and the state of the tissues in the circumference of the rupture allow to establish the mechanism of injury. 5. Ignorance of the mechanism of injury and specifics of the formation of injuries is the cause of expert errors and scientifically unfounded conclusions. 6. There is no reference material on the rate of blood flow from a damaged large vessel.

Considering the value of the protective object, the crime of murder is one of the most socially dangerous crimes. The aim of the paper is to point out the importance and tasks of forensic medical expertise in court proceedings for criminal offenses of murder. The intention was also to make suggestions for improving those parts of the process of forensic medical examination and the determination of homicide in general, which in everyday practical forensic work were found not to function as they should. In suspected murder cases the investigative procedure is based on two processes, criminal investigation and expert examination. Forensic autopsy of a murder victim encompasses detailed examination of the corpse, clothing and footwear, a precise description of all injuries on the body, as well as damage to clothing, and their photo documentation. It is necessary to determine the cause-and-effect relationship between the ascertained injuries and the resulting death. The forensic medical expert is also expected to indicate more closely the manner of the violent death, i.e. whether it is a murder, suicide or an accident. In addition to the autopsy, forensic expertise in cases of murder is, as a rule, carried out in the form of an expert report from the court records, based on the analysis of all the collected data mentioned in the subject files that the court provides to the expert, asking him in the order for the expert opinion specific questions to which he should answer.

The presented work continues to consider the issue of compliance with the constitutional principles of justice, in the activities of a forensic expert and specialist, which are enshrined in criminal procedure legislation and other legal acts. The first part of this work was devoted to the legal analysis of the activities of a specialist in criminal proceedings. It indicated that according to the criminal procedure legislation, two types of them can be distinguished: - specialist; - employee of an authorized unit of a law enforcement or special state body of the Republic of Kazakhstan. The reasoned conclusion is made that the presence of specialists in departmental subordination contradicts the principles of justice enshrined in the Constitution of the Republic of Kazakhstan, and also violates the principles of criminal procedure established in the CPC of the Republic of Kazakhstan. The proposed continuation of the conducted research is devoted to the disclosure of the legal content of the forensic expert in accordance with the current legislation. A retrospective analysis of the formation and development of forensic expert activity as part of one state body is made in order to strengthen the true independence of forensic experts from the departmental influence of criminal prosecution bodies. The issues of professional competence of forensic experts are revealed through the prism of their formation and training. The main content of forensic expert research is the system of methods used in the study of objects of forensic examination, which is given due attention in this publication. Speaking about the positive aspects of forensic experts, the shortcomings that, according to the author, do not contribute to strengthening the principles of justice in criminal proceedings were not ignored. Based on the results of the conducted research, reasoned proposals are made aimed at improving the activities of a specialist and a forensic expert. Therefore, this work has been prepared in the context of the direction in which "it is important to continue taking measures aimed at modernizing forensic expertise".

The purpose of this study is to examine ways to counteract the activities of financial pyramids. To achieve this purpose, the study employs methods such as logical analysis, formal-legal analysis, dogmatic analysis, legal hermeneutics, deduction, induction. The study defines the concept of a “financial pyramid,” identifies its characteristics, signs, implementation principles, role, and influence on the socio-economic life of the state. Statistical data from the Republic of Kazakhstan were analysed, leading to the conclusion that the number of criminal activities in this category increases annually. Moreover, regions where these illegal activities are most prevalent were identified. In this regard, an analysis of Kazakhstan’s legislative framework was conducted, specifically the Criminal Code of 1997 and 2014, highlighting key problematic aspects and normative-legal conflicts. A comparative legal analysis was also conducted, comparing the experiences of countries such as the USA, Poland, Germany, among others.

Forensic economics experts (FE) working with attorneys engaged in litigation, whether consulting, preparing a report, or testifying at deposition or trial, generally are expected to have some knowledge (1) of the state’s statutory and case law regarding allowable damages and methods; and (2) that certain topics (e.g., taxes, collateral sources) should not be mentioned or considered at certain times since a mistrial could result. This situation creates a tension: forensic economics experts are economics experts and are not attorneys, but nonetheless must have a reasonable understanding of the relevant state law. In this vein, the Journal of Forensic Economics (JFE) continues to publish a series of articles on the ways such damages are calculated in different state jurisdictions, one state at a time.2 The state of South Dakota is included in this issue and this paper adds Illinois to the list. Following the format of previous articles in this JFE series, Section II provides a listing of the controlling statutes, general case law, and court rules. Section III discusses the concept of earning capacity which appears throughout PI and WD case law in Illinois. Section IV discusses discounting to present value. Fringe benefits are discussed in Section V, while Section

Досліджено способи та форми систематизації результатів порівняльного історико-правового аналізу. Окреслено основні висновки, що можуть бути отримані у ході зіставлення історико-правових об’єктів. Охарактеризовано багатомірність організації та подання інформації в ході проведення компаративного дослідження. Проаналізовано значення типологізації на стадії упорядкування результатів порівняльної роботи та її співвідношення з класифікацією. Зроблено висновки про нові способи узагальнення даних, отриманих у процесі здійснення порівняльного історико-правового дослідження.

Article is devoted to the psychological and legal aspects of cyberbullying. To achieve this goal, research methods were used. The following methods were used to study the problem of cyberbullying: theoretical method (analysis and systematization of scientific literature, scientific papers, professional publications), empirical method (content analysis, observation, survey), statistical method (using methods of mathematical statistics), content analysis (used in the normative analysis of the legal framework and analysis of social networks). The research has shown that cyberbullying is an urgent problem not only in Ukraine but also in other countries. In our opinion, public policy should be aimed at combating various types of violence against children, and a protection system should be developed and implemented at different levels. The article proposes measures aimed at counteracting and preventing cyberbullying (creating a healthy psychological environment, trainings and lectures on cyberbullying, fostering mutual respect, support, kindness and empathy; systematic sessions with a psychologist, etc.) Increasing the use of the Internet has led to a growing number of cases of online harassment. One of the ways to solve the problem is to develop measures to prevent and combat cyberbullying. The authors conclude that cyberbullying is becoming increasingly common and has a negative impact on a person's future. Cyberbullying is mostly about causing emotional harm, but it can escalate into open harassment, which usually includes physical intimidation and beatings. The article states that parents, teachers/educators should be an example of tolerant behavior, organize various activities to bring them closer to students, be sure to work with a psychologist, involve children in various clubs/sections, creative work, where respect and goodwill will be promoted. The parents and others should also respond to all forms of violence and harassment against children.

Hypothesis Methodology and Sources --- There is an overarching agreement in Romanian politics, that a territorial autonomy arrangement would violate the constitution of the country, and is therefore not feasible. This theoretical concept arises from the misinterpretation of the connection between state and autonomy, and as such can be falsified by the experiences of the functioning autonomies, as well as by international law and the corresponding scientific literature. Consequently, my main hypothesis was that the territorial autonomy of Szeklerland does not contradict the constitutional order of Romania. I analysed this hypothesis through legal doctrinal analysis, and comparative legal analysis based on the relevant legal material: The Constitution and laws of Romania; The two Opinions of the Legislative Council of the Parliament of Romania on the rejection of the Draft Law on the Autonomous Status of Szeklerland; Decision Nr. 80/2014 of the Constitutional Court rejecting the constitutional amendments proposed by the Special Committee of the Parliament; relevant decrees of the Prefect’s of Romania; the Statutes of European autonomies, as well as the constitutions and laws of their host countries; international legal material ratified by Romania. The issue of the constitutionality of territorial autonomy within Romania emerges every now and then, depending on the political discourse in the country, but extensive scientific scrutiny has so far avoided the topic. In this respect, the novelty of my theoretical approach was twofold: 1.) The constitutional aspects of a Szekler autonomy arrangement in themselves were largely neglected within academia, leaving behind a gap that is very much ripe for scientific review. 2.) Additionally, even if the topic was discussed, it was mostly done within the framework of the “nation-state discourse”, and all the natural conceptual restraints thereof. My dissertation surpassed these constraints, along with some of the most widespread, albeit false presuppositions and misconceptions surrounding the issue at hand. Ultimately, I invited the reader to engage in a mind-game, in order to deconstruct the “constitutional myth” regarding autonomy. --- Novelty conclusions of the dissertation --- • Conclusions of the conducted legal doctrinal analysis, and comparative legal analysis proved that the assumption that autonomy would contradict the constitutional order, and violate the unitary, indivisible, and national character of the Romanian state, arises from the misinterpretation of the connection between state and autonomy. • Chapters 1, and 152 of the Constitution of Romania (stipulating and protecting the above characteristics), are thus of no legal relevance, and cannot be understood as an effective constitutional legal barrier. • Territorial autonomy as an institutional solution does not contradict the constitutional order of Romania. There are no provisions in the Romanian legal system whatsoever, which would constitute a legal obstacle to the creation of an autonomous region. • There are only political obstacles, which tend to be wrapped and presented as legal ones, due to historical resentments towards Hungarians, and the centuries long Romanian endeavour to establish an ethnically homogenous nation state. • While on the one hand we see no constitutional barrier to autonomy, on the other hand: the notion of autonomy is not at all alien to the constitution, as it makes references to several forms of it (personal, functional, and administrative). Furthermore, if one reads the constitution without an ethnocentric mind-set, and in junction with international treaties on minority protection ratified by Romanian, one could easily adopt a more pluralistic interpretation of the constitution, open to accommodate minority claims on ethnic-power sharing.

This article purpose is a scientific survey of current state and ways to improve effectiveness of forensic veterinary activity through the use of a praxeological approach. Complex of methods (dialectical, system-structural, system-functional, formal logic (analysis, synthesis, deduction, induction, analogy), axiological, modeling) was used to achieve the goal. Praxeology concept is interpreted in forensic and veterinary aspect. Influence of praxeological properties on stimulating development of specific veterinary knowledge in the context of the formation of the concept of effective forensic veterinary activity has been clarified. Forensic expert praxeology was analyzed from a review of its efficiency and effectiveness of functioning of forensic veterinary mechanisms. Peculiarities of praxeological approach in the forensic and veterinary field are argued. Forensic veterinary practice is considered as one of the means of expert provision of legal proceedings. Attention is focused on the fact that the development and improvement of theory, methodology and praxeology of forensic veterinary examination is the basis for increasing judiciary efficiency. The newest praxeological construction of domestic forensic veterinary examination, an addition to Criminal Procedural Code of Ukraine (regarding obligation to appoint forensic veterinary examination to find out the nature and degree of severity of damage caused to the animal’s health, as well as to establish the cause of its death) is proposed and Scientific and methodological recommendations on issues of preparation and assignment of forensic examinations and expert researches (expansion of the range of questions that are asked to the forensic veterinary expert during appointment of the relevant examination).

This paper explores the legal dimensions and implications of false expert reports in criminal proceedings within the Slovak Republic. The main objective is to provide a comprehensive legal analysis of the criminal liability of experts who knowingly submit inaccurate, misleading, or fabricated reports, focusing on Section 347 of the Slovak Criminal Code. The paper begins by outlining the role of experts in the criminal justice system, their professional responsibilities, and the standards of impartiality and objectivity that are legally required in the preparation of expert opinions. It further discusses the procedural rules for appointing, excluding, and evaluating experts in criminal cases, emphasizing the importance of safeguarding the fairness and reliability of evidence obtained through expert testimony. The paper also delves into how courts assess the admissibility and credibility of expert reports, highlighting common deficiencies such as logical inconsistencies or omissions of key facts that may affect the integrity of judicial decisions. Attention is given to situations in which an expert may commit a criminal offense by submitting a false report, whether intentionally or through gross negligence. Real case examples and judicial interpretations are used to illustrate how the judiciary determines the existence of bias or fabrication in expert outputs. Special focus is placed on the procedural measures that courts may adopt to verify the accuracy of expert conclusions, such as expert cross-examination, appointment of additional experts, or exclusion of partial experts. In conclusion, the thesis emphasizes the critical need for objective and professionally sound expert input in the judicial process, as errors or deliberate misrepresentations in expert reports may significantly distort the course of justice, affect the rights of the accused, and undermine public trust in the criminal justice system.

This study investigated whether high fantasy‐prone individuals have superior storytelling abilities. It also explored whether this trait is related to specific linguistic features (i.e. self‐references, cognitive complexity, and emotional words). Participants high (n = 30) and low (n = 30) on a fantasy proneness scale were instructed to write down a true and a fabricated story about an aversive situation in which they had been the victim. Stories were then examined using two verbal lie detection approaches: criteria‐based content analysis (CBCA) and linguistic inquiry and word count (LIWC). Irrespective of the truth status of the stories, independent observers rated stories of high fantasy‐prone individuals as being richer in all nine CBCA elements than those of low fantasy‐prone individuals. Furthermore, overall, high fantasy‐prone people used more self‐references in their stories compared with low fantasy‐prone individuals. High fantasy prones' fabricated stories scored higher on various truth indices than authentic stories of low fantasy prones. Thus, high fantasy‐prone people are good in creating a sense of authenticity, even when they fabricate stories. Forensic experts should bear this in mind when they employ verbal lie detection tools. Copyright © 2010 John Wiley & Sons, Ltd.

Objective: to identify the disputable issues of criminal-legal regulation and problems of criminal law norms application, establishing liability for mediation in bribery. Basing on the analysis, to propose ways to resolve some of them.Methods: for the accuracy and completeness, general and special methods of scientific cognition were applied. The general methods include historical-legal, logical-legal, comparative legal methods, systemic analysis and synthesis. Special methods are study of documents and content analysis; expert evaluation method.Results: the authors came to a conclusion about the need to reform the law concerning the criminal liability for mediation in bribery. One of the solutions to the problem is to change the disposition of Article 291.1 of the Criminal Code. However, a comprehensive analysis of the problems of application of this regulation and the norms of the General part of the Criminal Code indicates that there is no need to legislatively confirm the criminal liability for mediation in bribery.Scientific novelty: the complex analysis of problems of the application of Article 291.1 of the RF Criminal Code has been made, which serves as the basis to justify the inconsistency of this provision of the criminal law; a proposal is made to make amendments in the norms of the General part of the Criminal Code of the Russian Federation relating to the concept of accomplice of the crime.Practical significance: the results can be used in the reforming of criminal legislation of the Russian Federation, and also at the further research of problems of differentiation of liability for bribery.