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Record W3124354858 · doi:10.1350/ijep.2009.13.1.308

Weaknesses of Adjudication in the Face of Secret Evidence

2009· article· en· W3124354858 on OpenAlexaffabout
Gus Van Harten

Bibliographic record

VenueThe International Journal of Evidence & Proof · 2009
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsYork University
Fundersnot available
KeywordsAdjudicationSecrecyAcknowledgementFace (sociological concept)Political scienceConfidentialityLaw and economicsStrengths and weaknessesMasking (illustration)Internet privacyLawComputer securityPublic relationsSociologyPsychologyComputer scienceSocial psychology

Abstract

fetched live from OpenAlex

Since 2001, governments in Canada and the United Kingdom appear to have increasingly sought to use secret evidence in proceedings against individuals suspected of posing a security threat, relying on the courts to review and legitimate executive claims in closed proceedings. Yet, in the face of secret evidence, adjudicative decision-making is subject to several extraordinary weaknesses. First, the judge is precluded from hearing additional information that can come to light only if the individual or the public is aware of the executive's claims. Secondly, courts are uniquely reliant on the executive to be fair and forthcoming about confidential information and to characterise accurately the case for secrecy. Thirdly, the dynamic or atmosphere of closed proceedings may condition a judge to favour unduly the security interest over priorities of accuracy and fairness. Even where the use of secret evidence is not deemed to be irreparably unsafe or unfair, therefore, its admissibility must be premised on the acknowledgement and careful consideration of corresponding weaknesses in adjudication.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.006
metaresearch head score (Gemma)0.006
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.435
Threshold uncertainty score0.668

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0060.006
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0020.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.197
GPT teacher head0.438
Teacher spread0.240 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designObservational
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations4
Published2009
Admission routes2
Has abstractyes

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