‘Illuminating the broader context’: anthropological and historical knowledge at the International Criminal Tribunal for Rwanda

Historians and anthropologists have been among the experts called to enlighten non‐Rwandan judges at the International Criminal Tribunal for Rwanda. Given that the Tribunal's regulations provide little guidance on who qualifies as an expert and that judges are not bound by national rules of evidence, judges exercise considerable discretion on who may provide expert testimony. By considering judges' scepticism towards repetitive expert testimony and that experts have changed their opinion because of information revealed in the course of the trials, this article seeks to convey the distinct characteristics of this innovative context and re‐evaluate the assumption that anthropologists and historians are inevitably engaged in an epistemological contest with law when they act as experts in criminal trials.     

The Willingness of Children to Lie and the Assessment of Credibility in an Ecologically Relevant Laboratory Setting

A series of 4 experiments were conducted to (a) determine the willingness of children to lie in a realistic setting, (b) compare judgments of credibility from both lay evaluations and Criterion-Based Content Analysis (CBCA), and (c) examine the effects of expert testimony regarding Statement Validity Assessment on mock jurors who were asked to make evaluations of the children's statements. In Experiment 1, 81% of children who witnessed a research assistant steal a textbook made accusations against the thief (truthful), 69% of children who did not witness the theft accused the research assistant of the theft following prompting by significant others, and 56% of the children who witnessed a significant other steal the textbook incorrectly accused the research assistant following a request from their significant other. Using the statements obtained from the children in Experiment 1, Experiments 2 and 3 found that classification accuracy of lay evaluators was significantly poorer than expert application of CBCA, which resulted in 89% classification accuracy. Finally, brief exposure to CBCA expert testimony appeared to have no benefits on mock jurors' assessments of credibility of the children's statements in Experiment 4. Implications for North American legal systems are discussed.     

HEART DISEASE UNDER WORKMEN'S COMPENSATION

In expert testimony before the Industrial Accident Commission, all physicians are taken as equally competent. The value of their testimony depends upon the validity of their data and the reasons for the conclusions drawn. In case of conflicting opinion, the referees, who are laymen, must decide on the basis of the testimony. Therefore physicians preparing reports must see that data are complete, that all routine investigative procedures are not only applied but reported, and that the reasons for claiming connection of injury with employment are fully stated. Moreover, other recognized causes of the patient''s condition should be considered and ruled out for reasons given.The increasing number of claims for workmen''s compensation in heart disease, and the increasing tendency of insurers to settle rather than contest claims, may actually be harmful to the welfare of persons with heart disease, for it deters employers from hiring them and thus risking higher insurance costs. Physicians concerned with compensation claims must develop more widely acceptable standards that properly separate the inherent risk of heart disease from that incurred through employment for which the employer may reasonably be considered liable.     

Dr. Balfour Mount and the cruel irony of our care for the dying.

Dr. Balfour Mount of Montreal thinks that the health care system, because of its fixation on disease processes, may have forgotten that it also has a mandate to alleviate suffering. "We need to recapture that vision," says Mount, who describes palliative medicine as a "rich combination" of clinical pharmacology, rehabilitation medicine and internal medicine. Mount says there is a cruel irony in our care of the dying. "Although these are the sickest people in our health care system, when medical technology doesn''t know what to do, the quality and quantity of care falls away. How can we justify that?"     

The Anthropologist as Expert Witness

Anthropologists representing each of the subfields of the discipline have appeared as expert witnesses in a wide range of legal cases. Their appearance raises a number of significant questions about the appropriateness of anthropological knowledge to adversary proceedings, and poses difficult ethical problems for the participant and the profession. The present article reviews a series of cases in which anthropologists have served as expert witnesses and proposes a set of recommended standards and reforms for this activity . [ethics, expert testimony, legal anthropology, American society, applied anthropology]     

Doctor,you're in tobacco sales!

The director of British Columbia''s Doctors'' Stop-Smoking Project says that, whether they recognize it or not, doctors have the best and most competitive position within the tobacco industry because they have the best product line. Dr. Frederic Bass says physicians'' products—health and freedom from addiction—will win against the competition, which can offer only smoke, addiction to nicotine and ill health. “We offer the better deal,” he says, “but are we selling like we could? That''s the issue.”     

"Don't let others design your future", new CMA president tells physicians. Interview by Nancy Robb.

Dr. Judith Kazimirski of Nova Scotia becomes the CMA''s 126th president during the association''s annual meeting in Sydney, NS, this month. She says her priority for the next year is to help the CMA play a lead role as the debate intensifies about the future of health and health care in Canada. "The time is right for a very public debate about what people want their system to be, what problems they''re having, and how reform is moving ahead," she says, "and physicians have a critical leadership role to play."     

Requests approaching 50,000 annually for emergency drug release program.

Health Canada''s Emergency Drug Release Program, which allows physicians to acquire nonmarketed drugs to treat people with HIV infection, AIDS and other illnesses, handles about 44 000 requests annually. The executive director of the Drugs Directorate says the program''s name is a misnomer, since few of the requests involve medical emergencies. Dr. Philip Berger, who uses the program for his AIDS patients, complains that the amount of paperwork required is oppressive. A government spokesperson says changes may be made to make the program less labour intensive.     

There's more to Krever's report than the blood issue -- much more

Although coverage of the recent release of the Krever commission''s findings concentrated almost solely on recommendations concerning the safety of the blood-supply system, lawyer Karen Capen says physicians can take many lessons from this exhaustive report that extend far beyond blood. She describes it as "must reading" for physicians and says their organizations should use it as a teaching tool.     

Resource allocation and physician liability

Lawyer Karen Capen says funding cutbacks that have affected the services physicians can provide may cause legal problems for Canada''s doctors. If cutbacks affect the care that is being provided, they should be discussed with the patient and noted on the chart. She says physicians have "good reason to be concerned" about increasing pressures that create an imbalance between health care resources and the demand and need for services. For some doctors, these have resulted in court cases.     

Twelve deaths in Winnipeg: judge must ponder 48,000 pages of inquest testimony.

The Winnipeg inquest into the deaths of 12 young heart patients has ended after nearly 3 years of testimony, much of which centred on a surgeon''s competence. The recommendations emerging from it are expected early next year.     

Counselling as death approaches: is the New Yorker really the best we can do?

An expert in palliative care has taken exception to a recent CMAJ article dealing with euthanasia. That column praised a magazine article in which a son explained why he and his family had helped their mother commit suicide in the face of a terminal illness. Dr. Balfour Mount says the article was misleading and offers no credible solutions to the issues surrounding palliative care.     

Past presidents join forces to refurbish gravesite of Sir Charles Tupper,first CMA president.

The CMA''s past presidents have donated a plaque and refurbished the headstone and plot at the Halifax gravesite of Sir Charles Tupper, the association''s first president. "Sir Charles Tupper was a very significant personality in the conception of a national medical association and the past presidents wanted that fact to be remembered," Dr. Athol Roberts says of the endeavour.     

What people believe about how memory works: a representative survey of the U.S. population

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.     

Reference-based pricing: Will other provinces follow the BC lead?

REFERENCE-BASED PRICING has had a major impact on medical practice in British Columbia. Anne Mullens discusses the new system''s first 2 years. She says physicians outside BC should pay attention, because RBP may be heading their way. It is set to land in Australia next month.     

CMA's CEO re-elected chair of World Medical Association's ethics committee

The CMA secretary general, Dr. Léo-Paul Landry, has been re-elected chair of the World Medical Association''s (WMA) Medical Ethics Committee. During an April meeting, the committee approved documents dealing with reductions in the number of embryos and the care of patients with mental illness. The author says a steady increase in WMA membership is a sign of physicians'' belief in the importance of the association''s representational function.     

Jehovah's Witnesses leading education drive as hospitals adjust to no blood requests.

Jehovah''s Witness representatives have visited more than 10 Canadian medical schools and 200 hospitals in an attempt to educate future and practising physicians about nonblood medicine. The trend is becoming more popular since the advent of HIV, and there are now about 100 bloodless medicine and surgery centres around the world, including 52 in the US. However, a Jehovah''s Witness spokesman says Canada is "conspicuously absent" from the list of countries that offer bloodless-medicine programs.     

Social isolation can be major factor if patients are unable to deal with stress,researcher says.

Many people can cope with demanding work environments, busy lives, personal losses and tragedies without becoming ill. Yet others become ill under the same circumstances, some as a result of only relatively small amounts of stress. A Montreal researcher says social isolation plays a major role in patients'' inability to deal with stress.     

The brutal politics of health care

The 1998 federal budget received less than glowing reviews for its provisions regarding health care, but Charlotte Gray says this lack of health care initiatives should surprise no one. After all, there won''t be a federal election for another 3 years.     

Freestanding hospices ease pressure on physicians,hospitals, MD says

One of Canada''s newest hospices, located in Oakville, Ont., was designed to help dying patients live and die peacefully. Another of its important roles is to help family members cope with the uncertainty and loneliness that surrounds a death in the family. "There are so many people out there without support," says its founder, Margaret Anderson.