| 1. |
- Lainpelto, Katrin, 1976-
(författare)
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Stödbevisning i brottmål
- 2012
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Corroborating evidence is a modern evidence law concept used in furtherance of the administration of justice. The exact meaning of the term is, however, unclear, which is why the concept can be described as both vague and ambiguous. Accordingly, the aim of this thesis was to examine this type of evidence with the help of functional analysis. The examination was performed in four steps. First, the concept of corroborating evidence was examined theoretically, which meant analysing the ways in which this concept relates to associated concepts in evidence law. The second step consisted of two empirical studies which examined the prevalence and actual use of corroborating evidence. Next, the concept of corroborating evidence was analysed from the point of view of comparative law by means of a study on corroboration rules in English law. Finally, the function of corroborating evidence was examined from an epistemological perspective. The examination reveals that corroborating evidence refers in general to uncertain circumstances. When circumstances lack clear relevance, there is a risk that they will be ascribed an incorrect function and therefore also a wrong probative value. The empirical study also shows that two types of corroboration are confused, i.e. convergent corroboration and credibility corroboration. Two conclusions can be drawn from the foregoing: one, that a structuring approach to evaluation of evidence is of greatest importance, and two, that a more restricted definition of corroborating evidence is not possible. In addition, it has been demonstrated that in some cases decisions were made without the requirement for corroborating evidence and in other cases corroborating evidence was required. Since this inconsistency in judicial practice cannot be explained by reference to the principle of free evaluation of evidence, or to be regarded as compatible with the principles of equal treatment, legal security and rationality, the overall conclusion of the thesis is that the concept of corroborating evidence should no longer be used in Swedish law.
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| 2. |
- Andersson, Simon, 1980-
(författare)
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Skälig misstanke
- 2016
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral dissertation studies the legal standard of proof called reasonable suspicion (skälig misstanke). This standard is central for criminal investigations as the majority of state criminal procedural actions (tvångsmedel) are tied to it, as well as the majority of a suspect’s rights. Despite the central role played by this standard, it has not to any significant extent been researched previously. What the standard entails cannot be seen from either the law or legislative history, and there are no published cases discussing it. As the meaning of the standard is not clear, there is much room for discretion in assessments as to whether the standard has been met. There consequently is a need to clarify what reasonable suspicion entails. What is required to fulfill the standard? How is reasonable suspicion to be assessed? These questions are answered in this dissertation.My investigation demonstrates that reasonable suspicion is a three-pronged standard:A requirement of preponderance of the evidenceReasonable suspicion entails a requirement of a preponderance of the evidence (sannolikhetsövervikt). This means, somewhat simplified, that it should be more probable that the suspect is guilty than innocent. The hypothesis underlying the reasonable suspicion of alleged guilt (gärningshypotesen) should be more probable than all other plausible hypotheses combined.A requirement of individualizationThe evidence must be sufficiently individualized in order to reach the level of reasonable suspicion. The requirement of individualization is in place to prevent that persons are suspected on the basis of group membership. The same is true with respect to persons belonging to groups where the probability of crime is generally high. In such situations, there must be a concrete circumstance pointing to just that person committing a certain crime. It can be, however, circumstances having very low evidentiary value. Group membership can still be of significance with respect to the suspect, but reasonable suspicion cannot be solely based on group membership. A generally applicable concept as to that distinguishing the general from the individual cannot however be articulated. All evidentiary evaluations are in some form based on generalizations. Consequently, the issue of whether the evidence is sufficiently individualized must be assessed from case to case. The main premise is that suspicion cannot be solely based on group belonging. This is a legal-political requirement. Legal-political aspects consequently must also be taken into consideration when evaluating evidence.A requirement of robustnessEven in cases where the evidence is evaluated so that a preponderance of the evidence exists and is sufficiently individualized, the evidence still needs to be sufficiently robust. Robustness is a measure of whether good grounds exist for the conclusion. It is not a question of how ”strong” the evidence is, but rather how thoroughly the situation has been investigated. Somewhat simplified, it is a question of ”how much” evidence exists rather than the strength of the individual pieces of evidence. This requirement of robustness varies depending upon time in that it is very low at the commencement of an investigation, but as time goes by, higher requirements are placed as to the ”completeness” of the investigation.
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| 3. |
- Ekfeldt, Jonas, 1971-
(författare)
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Om informationstekniskt bevis
- 2016
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Information technology evidence consists of a mix of representations of various applications of digital electronic equipment, and can be brought to the fore in all contexts that result in legal decisions. The occurrence of such evidence in legal proceedings, and other legal decision-making, is a phenomenon previously not researched within legal science in Sweden.The thesis examines some of the consequences resulting from the occurrence of information technology evidence within Swedish practical legal and judicial decision-making. The thesis has three main focal points. The first consists of a broad identification of legal problems that information technology evidence entails. The second focal point examines the legal terminology associated with information technology evidence. The third focal point consists of identifying sources of error pertaining to information technology evidence from the adjudicator’s point of view.The examination utilizes a Swedish legal viewpoint from a perspective of the public trust in courts. Conclusions include a number of legal problems in several areas, primarily in regards to the knowledge of the adjudicator, the qualification of different means of evidence and the consequences of representational evidence upon its evaluation. In order to properly evaluate information technology evidence, judges are – to a greater extent than for other types of evidence – in need of (objective) knowledge supplementary to that provided by parties and their witnesses and experts. Furthermore, the current Swedish evidence terminology has been identified as a complex of problems in and of itself. The thesis includes suggestions on certain additions to this terminology. Several sources of error have been identified as being attributable to different procedures associated with the handling of information technology evidence, in particular in relation to computer forensic investigations.There is a general need for future research focused on matters regarding both standards of proof for and evaluation of information technology evidence. In addition, a need for deeper legal scientific studies aimed at evidence theory has been identified, inter alia regarding the extent to which frequency theories are applicable in respect to information technology evidence. The need for related further discussions on future emerging areas such as negative evidence and predictive evidence are foreseen.
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| 4. |
- Kaldal, Anna, 1966-
(författare)
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Parallella processer : En rättsvetenskaplig studie av riskbedömningar i vårdnads- och LVU-mål
- 2010
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Crimes against children are among the most complicated. One of the reasons is high demand on the evidence in a criminal case. As a consequence, many alleged crimes may be difficult to solve. In order to protect the child from future harm, further legal processes might become necessary. The thesis studies risk assessment in custody cases and child protection cases. One aim of the thesis concerns what evidential criteria relate to the definition of risk within each act and if the law gives any indication of what information that is required in order to assess such risk. Related to the second theme is the issue of what legal possibilities exist to involve the child in the process. The thesis also applies a behavioral science perspective, and provides an overview of the discussion within the research area of children and risk. Limitations in contact between a child and a parent based on the legal concept of risk constitute exceptions to the main principle that children and parents have a right to live together. This presumption characterizes the current procedural legal frameworks. For example, the party that claims that there is a risk for the child also carries the burden of proof. The level of risk must be at least probable. If this level of risk can not be proven, there is no risk from a legal point of view, and consequently no possibility to intervene against the parents will. A regulation with more options to act within a lower risk domain could be motivated from a child protection perspective (risk monitoring). The similarities between custody cases which involves accusations of abuse of a child and a child protection case, motivates that both types of cases are handled in the same way and by the same authorities. In order to supply the court with sufficient information, it is necessary to secure both the authority and the competence to carry out this responsibility in the best possible way. This motivates not only alignment of investigative procedures, but also that the investigative body is equipped with the same authority and competence.
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| 5. |
- Scheffer Lindgren, Maria, 1960-
(författare)
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"Från himlen rakt ner i helvetet" : Från uppbrott till rättsprocess vid mäns våld mot kvinnor i nära relationer
- 2009
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Male violence against women in intimate partner relationships is a global public health problem and a serious crime, but remains largely underreported. The overall ain of this thesis was, by means of an interdisciplinary approach and from the perspectives of gender, public health and law, to gain a deeper understanding of the situation of abused women, by studying, on one hand, their leaving processes and, on the other, the consequences of the violence for their health. On the basis of this information, a further aim was to increase knowledge of the quality and effect of gender relations in the practical application of the law. The point of departure was that the different perspectives should not be consodered separately but should be seen in context. The thesis describes the prcess for abused women, from the violent relationship and the break-up, the health consequences caused by the violence to the practical application of the law. The thesis consists of four studies (I-IV). An initial qualitative study (I) showed that the leaving process for abused women is fearful, complex and long-lasting. The analysis also revealed a gradual development of strong emotional bonds towards the men on the part of the women. Study II was a combination of qualitative in-depth interviews and quantitative measurements and confirmed former studies regarding the negative health consequences caused by the violence, in particular symptoms of complex PTSD. Study III, examining preliminary investiagtions concerning reported crimes of intimate partner violence, showed that there is still a lack of crminal justice for abused women even if the frequency of cases leading to prosecution was fairly high. In study IV court case records were examined by means of a qualitative method inspired by discourse analysis to determine whether gender is (re)constructed in court practice, and how the process works. The analysis of this particular sample indicated that the practical application of law is influenced by an old-fashioned and stereotypical view of violence, sexuality, men and women. the legal discourses retain and reproduce the gender order. The overall results of the separate studies reinforce the importance of gaining a broader understanding of men's violence against women in intimate partner relationships.
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| 6. |
- Schelin, Lena, 1969-
(författare)
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Bevisvärdering av utsagor i brottmål
- 2006
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In cases where statements constitute the main evidence, the outcome is dependent on how the assessment of veracity and reliability is made (statement analysis). It is often difficult to make statement analysis, since there is no reliable method of distinguishing true statements from false ones. The Swedish Supreme Court has addressed this question, however, in several cases. The main topic of the thesis is to give an account of how veracity and realiability assessments should be made on the basis of the Swedish Supreme Court cases.Statement analysis is an important research topic in the field of psychology. Research results in the aforementioned field indicate, which is also shown in the study, that statement analysis, as employed by the Supreme Court, has gained partial support only. Psychological research shows that there is a mismatch between rules of experience, which are assumed to be able to discriminate between true statements and false ones, and indicators which have in fact that potential. The rules of experience offered by the Supreme Court are only partially reliable as regards their discriminatory power.The main rule in the Swedish courts stipulates that parties should make oral submissions directly to the court. The underlying assumption is that such a procedure is essential if the veracity and reliability assessment is to be made correctly. This assumption can be questioned, however, from a psychological point of view. Alternative ways of presentation demonstrate the same or better results when it comes to making veracity and reliability assesments. Further, the study shows that the courts fail to consider factors which can influence memory – even unconsciously – from the time of a given event until a statement is made in the court. This emphasizes the importance of statement analysis being performed by the courts based on submissions made at the earliest possible stage of the legal process.
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| 7. |
- Bylander, Eric, 1973-
(författare)
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Muntlighetsprincipen : En rättsvetenskaplig studie av processuella handläggningsformer i svensk rätt
- 2006
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis examines the different forms of procedural communication available to the Swedish courts. The choice traditionally stood between oral and written procedure. Today the procedure in the general courts is dominated by the principle of orality, while in the administrative courts, procedure chiefly takes the written form. This being said, the types of communication procedures used in courts today are constantly changing, the reason being, in part, the advent and advancement of new communication tools such as telephone, video and the internet.The cardinal aspiration for this doctoral thesis has been to prepare a generous substructure that will allow an assessment of how the principles that constitute the foundation for the choice of a form of procedural communication stand up against the arrival of new conditions. In attaining this goal the thesis takes stock of, structure, and evaluate the current knowledge of the regulation of the forms of procedural communication and the arguments that have been put forward regarding its design and application.The chosen method is a rhetorical-topical audit of the arguments provided by the legislative community. In addition it examines the relationship between these arguments and the activities of the courts and includes a comparative analysis of the current and historic conditions of the procedural communication forms.In the thesis nine different principle topoi (argument sources) for the analysed argumentation are identified and discussed: The Purpose of the Proceedings, Security, Speed, Cost-effectiveness, the European Convention on Human Rights and Fundamental Freedoms, the Decision-making, the Parties, Publicity and the Rules and Regulations.
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