The present study aimed to examine whether the applied practice of cameras in courtrooms plays a positive role in public confidence in legal authorities and how such impact may occur from the perspectives of the Group Value Model and the surrogacy effect. A convenience sample of 170 college students participated in this experiment. The control group read the written judgment of a civil case published online while the experimental group read the same judgment and watched the court trial (...) video of that case. The overarching mediation model confirmed that there was a significant and indirect influence of video watching on confidence in justice in general. The key underlying mechanisms of this impact were the positive perception of the interpersonal treatment by the judge as well as the perceived fairness of the procedure. This study contributes to the currently limited research examining whether and, if so, how courtroom broadcasting promotes public trust through obtaining empirical evidence. It also expands the application of the Group Value Model to a vicarious interaction setting and provides evidence of the surrogacy effect in a civil legal context. (shrink)

Construction of self and group often incorporates the use of objects associated with "expression," including videos, films, and photographs. In this article, I describe four different sites for construction of groups (group portraiture, courtrooms, video-assisted group therapy, and videoconferencing). I discuss potential aspects of shifts in the way we use and talk about media on what it is like to participate in a group. The eras of video, film, and photography as "silent witnesses" to group interaction are gradually passing. (...) For example, technology that enables the digital retouching of photographs has afforded means for enhancing or dramatically altering photographic images. Those who employ these media as epistemological companions, supplementing their vision and memories of various events and interactions, are increasingly doing so from a critical (and somewhat cautious) perspective.. (shrink)

Technologic advances mean automated, wearable cameras are now feasible for investigating health behaviors in a public health context. This paper attempts to identify and discuss the ethical implications of such research, in relation to existing guidelines for ethical research in traditional visual methodologies. Research using automated, wearable cameras can be very intrusive, generating unprecedented levels of image data, some of it potentially unflattering or unwanted. Participants and third parties they encounter may feel uncomfortable or that their privacy has (...) been affected negatively. This paper attempts to formalize the protection of all according to best ethical principles through the development of an ethical framework. Respect for autonomy, through appropriate approaches to informed consent and adequate privacy and confidentiality controls, allows for ethical research, which has the potential to confer substantial benefits on the field of health behavior research. (shrink)

The use of video for research purposes is something that has attracted ethical attention and debate. While the usefulness of video as a mechanism to collect data is widely agreed, the ethical sensitivity and impact of recording equipment is more contentious. In some clinical settings the presence of a camera has a dual role, as a portal to a reflecting team and as a recording device to obtain research data. Using data from one such setting, family therapy sessions, this article (...) shows how the role played by recording equipment is negotiated in the course of talk and other activities that constitute sessions. Analysis reveals that members of the therapy interaction orient in different ways and for different purposes to the value of recordings. The article concludes that there are layers of benefit to be derived from recording of clinical interactions, including for members themselves, and this has wider implications for the ways in which qualitative research designs in health sciences are evaluated. (shrink)

IntroductionThe assessments of the motor symptoms in Parkinson’s disease are usually limited to clinical rating scales, and it depends on the clinician’s experience. This study aims to propose a machine learning technique algorithm using the variables from upper and lower limbs, to classify people with PD from healthy people, using data from a portable low-cost device. And can be used to support the diagnosis and follow-up of patients in developing countries and remote areas.MethodsWe used Kinect®eMotion system to capture the spatiotemporal (...) gait data from 30 patients with PD and 30 healthy age-matched controls in three walking trials. First, a correlation matrix was made using the variables of upper and lower limbs. After this, we applied a backward feature selection model using R and Python to determine the most relevant variables. Three further analyses were done using variables selected from backward feature selection model, movement disorders specialist, and all the variables from the dataset. We ran seven machine learning models for each model. Dataset was divided 80% for algorithm training and 20% for evaluation. Finally, a causal inference model using the DoWhy library was performed on Dataset B due to its accuracy and simplicity.ResultsThe Random Forest model is the most accurate for all three variable Datasets followed by the support vector machine. The CIM shows a relation between leg variables and the arms swing asymmetry and a proportional relationship between ASA and the diagnosis of PD with a robust estimator.ConclusionsMachine learning techniques based on objective measures using portable low-cost devices are useful and accurate to classify patients with Parkinson’s disease. This method can be used to evaluate patients remotely and help clinicians make decisions regarding follow-up and treatment. (shrink)

The confirmation process and the virtues of duplicity -- How to be aggressive and passive ... and great -- Recusal and the vices of impartiality -- The use and misuse of the politics of personality -- Fortuna : the role of chance in choosing cases -- When and why to avoid a case -- Carpe diem : when to embrace a case -- Tactical tools : using procedure to one's advantage -- Oral arguments : what to say and how -- (...) When to lose a case and win a cause -- In defense of unprincipled decision making -- How to manipulate the rule of law -- When precedents are to be honored (if only formally) -- When to take command and make demands -- The boldest moves : when and how to make them -- On writing : when style should trump substance -- When it is wise to write a separate opinion -- Law clerks : when and how to use them -- How to play to the media -- Cameras in the courtroom : seizing the future -- On television : the medium is not the message -- On publishing books : when and of what kind -- The threat of impeachment and how best to avoid it -- When it is best to retire -- Directing history : a justice's working papers and what to do with them -- How to best secure an enduring legacy. (shrink)

Using St. Thomas Aquinas's natural law philosophy and Divine Exemplar argument to prompt new discussion of ethical questions that lawyers and judges should confront, the author delivers a complete occupational profile for the professional conduct of judges and lawyers. This text challenges current beliefs and suggests a return to the "roots" of the system, in which reason, virtue, and justice guide the law and its practice.

This article examines how and why criminal proceedings were brought against alleged cases of Catholic mysticism in several European countries during modernity. In particular, it explores how criminal charges were derived from mystical experiences and shows how these charges were examined inside the courtroom. To bring a lawsuit against supposed mystics, justice systems had to reduce their mysticism to ‘facts’ or actions involving a breach of the law, usually fraud. Such accusations were not the main reason why alleged mystics were (...) taken to court, however. Focusing on three representative examples, in Spain, France and Germany, I argue that ‘mystic trials’ had more to do with specific conflicts between the defendant and the ecclesiastical or secular authorities than with public concern regarding pretence of the supernatural. Criminal courts in Europe approached such cases in a similar way. Just as in ecclesiastical inquiries, during the trials, judges called upon expert testimony to debunk the allegedly supernatural. Once a mystic entered the courtroom, his or her reputation was profoundly affected. Criminal lawsuits had a certain ‘demystifying power’ and were effective in stifling the fervour surrounding the alleged mystics. All in all, mystic trials offer a rich example of the ways in which modern criminal justice dealt with increasing enthusiasm for the supernatural during the 19th century. (shrink)

Law’s processes are likely always to be needed when particularly intractable conflicts arise in relation to the care of a critically ill child like Charlie Gard. Recourse to law has its merits, but it also imposes costs, and the courts’ decisions about the best interests of such children appear to suffer from uncertainty, unpredictability and insufficiency. The insufficiency arises from the courts’ apparent reluctance to enter into the ethical dimensions of such cases. Presuming that such reflection is warranted, this article (...) explores alternatives to the courts, and in particular the merits of specialist ethics support services, which appear to be on the rise in the UK. Such specialist services show promise, as they are less formal and adversarial than the courts and they appear capable of offering expert ethical advice. However, further research is needed into such services – and into generalist ethics support services – in order to gauge whether this is indeed a promising development. (shrink)

Antoine de Baecque proposes a new historiography of cinema, investigating how cinematic representation changes the very nature of history.

There are certain areas of study where present-day semiotics of law can learn from history. This study examines the discursive history and historical courtroom discourse of expert witnesses in eighteenth-century American court. The aim of the study is to explore the use of linguistic strategies and resources in constructing an expert identity in relation to the factors which influence those choices. Instead of taking expertise as being lodged in the pre-given label, such as a doctor, this article argues that such (...) an identity has to be constructed and negotiated, and reveals how such an identity is constructed and negotiated through trial talk during a hostile discursive environment. The historical courtroom is an interesting site in this regard, as it was the period when expert witnesses did not enjoy the same social status as their present-day peers, which came with the absence of discursive privileges as well. It is found that experts mainly relied on expansions of response as the resources to counterbalance skeptical attitudes and hostile attempts aimed to undermine their testimony that accompanied their vulnerable status and image and to gain discursive control during the interaction. (shrink)

In Projecting a Camera, film theorist Edward Branigan offers a groundbreaking approach to understanding film theory. Why, for example, does a camera move? What does a camera "know"? (And when does it know it?) What is the camera's relation to the subject during long static shots? What happens when the screen is blank? Through a wide-ranging engagement with Wittgenstein and theorists of film, he offers one of the most fully developed understandings of the ways in which the camera operates in (...) film. With its thorough grounding in the philosophy of spectatorship and narrative, Projecting a Camera takes the study of film to a new level. With the care and precision that he brought to Narrative Comprehension and Film , Edward Branigan maps the ways in which we must understand the role of the camera, the meaning of the frame, the role of the spectator, and other key components of film-viewing. By analyzing how we think, discuss, and marvel about the films we see, Projecting a Camera, offers insights rich in implications for our understanding of film and film studies. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This article traces the emergence of ecomedia in Japan’s nuclear exclusion zone. I take this emergence as an opportunity to think through the relations of sensing technologies and animals as well as the transformative potential of these relations for critical thought. I turn to the camera trap and the Geiger counter first to understand how these sensor-based media are used to generate data around environmental inquiry as well as how they may be reassembled to help us take measure of the (...) aftereffects of the 3.11 disasters through and with located relationships and encounters among species, human and nonhuman. By exploring how ecomedia invite nonhuman makings to enter the analytical frame, I hope to arrive at an understanding of environmental harm not as a futurological threat but as an ongoing event that calls for new forms of agentic thinking and enactments of multispecies struggle and collaboration. (shrink)

Many experimental found footage films base their meanings and effects on an interaction between the figurative content of the image and its material-technological underpinnings. Can this interaction arise accidentally without artistic appropriation? A recently digitised film by the Czech cinema pioneer Jan Kříženecký, Opening Ceremony of the Čech Bridge (1908), presents such an exercise in accidental aesthetics. At one point, the horizontal and vertical trembling of the cinematograph – obtained from the Lumière brothers – translates into a trembling of the (...) figures on the bridge so precisely that the figurative and material spheres appear to cooperate towards a common aesthetic goal. To account for such phenomena, film theory, found footage filmmaking, and archival practice need to join forces with philosophy. More specifically, Gilbert Simondon's notion of transduction, a process based on the intersection of diverse realities within a domain, allows us to conceptualise the paradoxical interaction between the figurative and material dimensions and the unintentional meanings that arise out of it. Transduction enables the distribution of elements between these heterogeneous spheres while maintaining a certain stability within a system. In the case of archival films in which transduction occurs without prior intention or expectation, transduction can be foregrounded and prolonged. The connection between transduction and the “trembling meaning” of Opening Ceremony, understood within the wider context of camera instability in experimental found footage, will uncover the aesthetic potentialities held by the autonomous creativity of film matter and its interferences with the figurative content. (shrink)

God in the Courtroom: The Transformation of Courtroom Oath and Perjury between Islamic and Franco-Egyptian Law. By Guy Bechor. Studies in Islamic Law and Society, vol. 34. Leiden: Brill, 2012. Pp. xv + 412. $196.

Antoine de Baecque proposes a new historiography of cinema, exploring film as a visual archive of the twentieth century, as well as history's imprint on the cinematic image. Whether portraying events that occurred in the past or stories unfolding before their eyes, certain twentieth-century filmmakers used a particular mise-en-scène to give form to history, becoming in the process historians themselves. Historical events, in turn, irrupted into cinema. This double movement, which de Baecque terms the "cinematographic form of history," disrupts the (...) very material of film, much like historical events disturb the narrative of human progress. De Baecque defines, locates, and interprets cinematographic forms in seven distinct bodies of cinema: 1950s modern cinema and its conjuring of the morbid trauma of war; French New Wave and its style, which became the negative imprint of the malaise felt by young contemporaries of the Algerian War; post-Communist Russian films, or the "de-modern" works of _catastroika_; contemporary Hollywood films that attach themselves to the master fiction of 9/11; the characteristic _mise en forme_ of filmmaker Sacha Guitry, who, in _Si_ _Versailles m'était conté, filmed French history from inside its chateau; the work of Jean-Luc Godard, who evoked history through his own museum memory of the twentieth century; and the achievements of Peter Watkins, the British filmmaker who reported on history like a war correspondent. De Baecque's introduction clearly lays out his theoretical framework, a profoundly brilliant conceptualization of the many ways cinema and history relate._. (shrink)

The right to a fair trial as a fundamental human right has been widely established in the international community. While the notion of a fair trial is typically associated with procedural safeguards, fairness can be reflected in spatial dimensions. Courtroom design, apart from achieving its main functional objectives, reflects the institutional ideology of how justice can be staged in public. In alignment with the perspective that courtroom as theatre consists of a sign system, this paper adopts a semiotic approach to (...) the courtroom setting of Chinese criminal trials. With a thick description of space, mobility and attire, it attempts to probe into how judicial ideology is symbolically framed in the field. Drawing from ethnographic fieldwork of three courts, this paper discusses how courtroom space is constructed semiotically as a performative stage on which legal dramas unfold. Ultimately this paper argues that a semiotic investigation of Chinese courtrooms will shed light on an understanding of its judicial value, ideology of justice and dynamics of power relationship. (shrink)

Over the course of an illustrious career, the late Bernard Diamond established himself as the preeminent forensic psychiatrist of the century. _The Psychiatrist in the Courtroom_ brings together in a single volume Diamond's pivotal contributions to a variety of important issues, including the nature of diminished capacity, the fallacy of the impartial expert, the predictability of dangerousness, and the unacceptability of hypnotically facilitated memory in courtroom proceedings. Ably introduced and edited by Jacques M. Quen, M.D., a close colleague of Diamond's (...) and leading historian of forensic psychiatry, these writings enable experts and neophytes alike to track Diamond's evolving positions while clarifying where current legal and psychiatric opinion converge -- and diverge -- on a host of critical topics. For the forensic specialist, _The Psychiatrist in the Courtroom_ is not only an invaluable reference work but a compassionate reminder of the clinician's obligation to protect patients in legal proceedings. And in an age when clinicians are increasingly called into court, the book will be no less valuable to psychoanalysts and other mental health professionals eager for an introduction to the intricacies of judicial reasoning. Then, too, owing to Diamond's clinical acumen, the book is a compelling human document. With great erudition and deep compassion, Diamond tackles these and other knotty questions, always with an eye to clarifying the legal and clinical implications of the answers. By combining superb clinical gifts with an incisive understanding of legal principle, Diamond produced a seminal corpus whose relevance to discussions of therapeutic ethics and to legal debates will continue well into the next century. (shrink)

‘Torture porn’ films centre on themes of abduction, imprisonment and suffering. Within the subgenre, protagonists are typically placed under relentless surveillance by their captors. CCTV features in more than 45 contemporary torture-themed films (including Captivity, Hunger, and Torture Room). Security cameras signify a bridging point between the captors’ ability to observe and to control their prey. Founded on power-imbalance, torture porn’s prison-spaces are panoptical. Despite failing to encapsulate contemporary surveillance’s complexities (see Haggerty, 2011), the panopticon remains a dominant paradigm (...) within surveillance studies because it captures essential truths about the psychologies of self-governance and interdependency. This chapter will use torture porn’s panoptical spaces and captor-captive relationships as a springboard into examining those broader philosophical issues regarding selfhood. In the torture-space, cameras signify the control to which captives must submit. Since they are threatened with death, the surveillance dynamic appears to entirely subjugate these prisoners. However, the captive must undertake some agency in the oppression. Much of the captor’s implied threat is enacted by the captives, who brutalise one another to save themselves. The captor’s apparent omniscience is translated into omnipotence only because the captives forsake self-control – opting to engage in violent, contra-social behaviours – out of fear. Thus, it is implied that self-ownership is the bedrock of stable, interdependent sociality. To inspire horror, the opposite is depicted: fractured groups comprised of paranoid, self-invested individuals. By submitting to external pressure, these “weak” individuals empower their tormentor. Captives are not only encouraged to enact their own suppression, but also to internalise culpability for the suffering they undergo. Despite being threatened with erasure, torture porn’s protagonists are spotlighted in these films. Abductees dominate the screen-time, and their suffering drives the narrative forward. Torturers are often motivated solely by their victims’ agony. In many cases, torture is designed specifically for each hyper-individualised captive. These forms of emphasis imply that captives are the stimulus for their own victimisation. The captor’s exaggerated interest in the prisoners is perversely flattering: captives are implied to be worthy of the captor’s maniacal attention, which is reified by the CCTV cameras. In torture porn’s scenarios, it is not immediately clear who has greater control over the individual: the captor or the captive themselves. By dissecting how self-preservation, self-governance, and self-centredness manifest in torture porn, this chapter seeks to examine the dialectical qualities of liberty, interdependency and autonomy. (shrink)

This article provides a brief introduction to psychological emotion theories, particularly appraisal theory. According to appraisal theory emotions are combinations of a person’s appraisal of the novelty, valence, certainty, goal conduciveness, causal agency, controllability, and morality of a situation. These dimensions correspond to elements of the stories attorneys attempt to create in arguing a case. Appraisal theory puts specific content into the vague concept of reappraisal, accounting for emotional changes that go beyond the changes in valence and intensity generally studied (...) by law and emotions scholars. (shrink)

This article addresses the question of the relevance of brain imaging to legal criteria that are behavioral, that is, that require evaluation of a defendant's actions or mental states. It begins with the legal standard for the admissibility of scientific and technical evidence. Then it considers the relevance of imaging to behavioral legal criteria. The problem is translating mechanistic neuroscience data into the law's folk psychological standards. It uses examples from the criminal law, but the analysis generalizes to behavioral criteria (...) in the civil law. The central question is, “How, precisely, does the proffered scan or data based on scanning answer the specific legal question it supposedly helps answer?” I conclude that, at present, brain imaging has little relevance to behavioral legal criteria. The final section takes note of a rampant disorder, brain overclaim syndrome, and offers a remedy, cognitive jurotherapy. (shrink)

Following up on a 1989 paper on the subject, this essay revisits the question of ethical expertise in the court room. Informed by recent developments in the use of ethics experts, the authors argue 1) that the adversarial nature of court proceedings challenges the integrity of the ethicist's pedagogical role; 2) that the use of ethics experts as normative authorities remains dubious; 3) that clarification of the State's interest in “protecting the ethical integrity of the medical profession” is urgently required; (...) and 4) that the expertise of the ethicist may be more appropriately used in advising the legislature than in influencing the court. (shrink)

Drinking water quality has drawn enormous attention from scientific communities, the industrial sector, and the common public in several countries during the last couple of decades. The scholarship in science and technology studies somehow overlooked this crucial domain. This article attempts to contribute to this gray area by exploring how drinking water quality is understood in Indian water policies, laws, and courtrooms. The article argues that water policies and laws in India were significantly shaped by international treaties and global (...) environmental stewardship. In the courtrooms, the Indian judiciary employed minimum science-based evidence in decision making in the context of drinking water–related cases; rather they used a rights-based approach and minimally engaged with the issue of drinking water quality/standards. Whatever little science used as valid science by the judges in the decision making was entirely expert-based. The reliance of the judges on the scientific expertise of the experts representing regulatory organizations and public institutions was another unique characteristic of the relationship between science and law in India. (shrink)