By Nancy A. Combs
Fact-finding with out proof explores overseas felony fact-finding - empirically, conceptually, and normatively. After reviewing millions of pages of transcripts from a variety of foreign legal tribunals, the writer unearths that foreign felony trials are beset by way of quite a few and critical fact-finding impediments that considerably impair the tribunals' skill to figure out who did what to whom. those fact-finding impediments have heretofore obtained nearly no exposure, not to mention scholarly remedy, and they're deeply troubling not just simply because they increase grave matters in regards to the accuracy of the judgments at the moment being issued yet simply because they are often anticipated to equally impair the following new release of overseas trials that would be held on the foreign felony courtroom. After atmosphere forth her empirical findings, the writer considers their conceptual and normative implications. the writer concludes that overseas felony tribunals purport a fact-finding competence that they don't own, and therefore, base their judgments on a much less exact, extra amorphous approach to fact-finding than they publicly recognize. The e-book ends with an exploration of varied normative questions, together with the main foundational: no matter if the foreign tribunals' fact-finding impediments fatally undermine the overseas felony justice undertaking.
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Extra resources for Fact-finding without facts: the uncertain evidentiary foundations of international criminal convictions
97 Prosecutor v. , Case No. ICTR-99–52-T, Judgement and Sentence, para. 735 (Dec. 3, 2003) [hereinafter Nahimana Judgement]. 28 Questions Unanswered international witnesses cannot tell time98 and either do not know the duration of various units of time, such as months or years,99 or see no reason for such precision. 103 Other examples appear in the notes,104 but suffice it to say that questioning about the duration of events often proceeds as it did in this excerpt from the SCSL’s AFRC trial: q.
60 Kamuhanda Judgement, note 38, at paras. 61–62. B. The Limitations of Eyewitness Testimony 19 as a whole and see if they could identify the Accused. The Chamber notes further that the process of the identification of the Accused in the Courtroom does not stand in isolation: it is rather part of a process, the culmination of which is the identification of the Accused in the Courtroom. 64. The Chamber has also noted the Defence submission on the issue of the identification through the use of photographs.
In domestic courtrooms, defense counsel routinely test witnesses’ ability to estimate distances outside the courtroom by testing their ability to estimate distances inside the courtroom. So, if a witness seriously misjudges a courtroom distance, the fact finder is not so likely to credit that witness’s out-of-courtroom distance estimations. But when a witness cannot measure distances by means of objective units in the first place, no such testing can take place. iv. 126 Knowing approximately how many 124 Los Palos Case Notes, July 31, 2001, at 103.