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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Evidence in Nimba
Author:Sevareid, PeterISNI
Year:1995
Periodical:Liberian Studies Journal
Volume:20
Issue:1
Pages:15-36
Language:English
Geographic term:Liberia
Subjects:customary law
criminal law
evidence
Law, Human Rights and Violence
Abstract:In 1979, the author examined the 'dual' system of courts that still existed in Nimba County, Liberia. In Nimba, there were courts applying traditional law for the 'natives' or 'tribal' peoples, and courts applying American common law for 'civilized' persons. One purpose of the investigation was to test a number of propositions about the use of evidence in different courts. The idea was that different courts, different systems of dispute settlement, would use evidence in different ways. The assumption was in particular that the law of evidence as applied in the traditional courts would differ from that applied in the judicial courts governed by received American common law. The propositions about how different dispute settlers use evidence that the author tested were formulated by Richard Abel (1973). They concern prior knowledge, ex parte contacts and bias, admissibility of evidence, repetitive testimony, and truthfulness. The author witnessed as many cases in as many different courts as possible and conducted interviews with six lawyers and judges. He concludes that the Nimba courts did not conform to Abel's generalizations about universal rules of evidence. Bibliogr., notes, ref.