Expert Evidence And Criminal Justice

Author : Artur Appazov
Publisher : Springer
Page : 199 pages
File Size : 45,9 Mb
Release : 2016-01-09
Category : Law
ISBN : 9783319243405

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Expert Evidence and International Criminal Justice by Artur Appazov Pdf

The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts’ ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.

Author : Paul Roberts
Publisher : Routledge
Page : 664 pages
File Size : 46,7 Mb
Release : 2017-07-05
Category : Business & Economics
ISBN : 9781351567404

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Expert Evidence and Scientific Proof in Criminal Trials by Paul Roberts Pdf

Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placingforensic science in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder‘scommon sense reasoning. Finally, the volume‘s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.

Author : Mike Redmayne
Publisher : Oxford University Press on Demand
Page : 223 pages
File Size : 41,8 Mb
Release : 2001
Category : Law
ISBN : 0198267800

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Expert Evidence and Criminal Justice by Mike Redmayne Pdf

As an increasing range of expert evidence becomes available to it, the criminal justice system must answer a series of challenging questions: should experts be permitted to give evidence on the credibility of witnesses? How should statistical evidence be presented to juries? What relevancedoes syndrome evidence have to questions of criminal responsibility? In `Expert Evidence and Criminal Justice', Mike Redmayne explores these issues. His exposition utilizes work in a number of disciplines, and draws comparisons with the law and procedure in several different jurisdictions. Whiledeveloping a general overview of the use of scientific evidence in the criminal process, Redmayne makes use of detailed examinations of particular issues, such as battered women syndrome, fingerprinting, and eyewitness expertise. Through an analysis of expert evidence, he also invites reflection ona series of wider issues, among them the function of exclusionary rules and the nature of case construction.

Author : S. Lucina Hackman,Fiona Raitt,Sue Black
Publisher : CRC Press
Page : 126 pages
File Size : 55,8 Mb
Release : 2019-04-24
Category : Law
ISBN : 9781315354392

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The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK by S. Lucina Hackman,Fiona Raitt,Sue Black Pdf

The global nature of crime often requires expert witnesses to work and present their conclusions in courts outside their home jurisdiction with the corresponding need for them to have an understanding of the different structures and systems operating in other jurisdictions. This book will be a resource for UK professionals, as well as those from overseas testifying internationally, as to the workings of all UK jurisdictions. It also will help researchers and students to better understand the UK legal system.

Author : Alan D. Gold
Publisher : Unknown
Page : 275 pages
File Size : 53,5 Mb
Release : 2009
Category : Law
ISBN : 1552211703

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Expert Evidence in Criminal Law by Alan D. Gold Pdf

Contains all the principles and knowledge needed to expose bogus experts and junk science and to reduce inflated expert evidence to its proper valuation.

Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 224 pages
File Size : 55,8 Mb
Release : 2011-03-22
Category : Law
ISBN : 010297117X

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Expert evidence in criminal proceedings in England and Wales by Great Britain: Law Commission Pdf

This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.

Author : Paul Roberts,Michael Stockdale
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 45,5 Mb
Release : 2018-11-30
Category : LAW
ISBN : 9781788111034

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Forensic Science Evidence and Expert Witness Testimony by Paul Roberts,Michael Stockdale Pdf

Forensic science evidence plays a pivotal role in modern criminal proceedings. Yet such evidence poses intense practical and theoretical challenges. It can be unreliable or misleading and has been associated with miscarriages of justice. In this original and insightful book, a global team of prominent scholars and practitioners explore the contemporary challenges of forensic science evidence and expert witness testimony from a variety of theoretical, practical and jurisdictional perspectives. Chapters encompass the institutional organisation of forensic science, its procedural regulation, evaluation and reform, and brim with comparative insight.

Author : Lirieka Meintjes-van der Walt
Publisher : Purdue University Press
Page : 0 pages
File Size : 40,5 Mb
Release : 2001
Category : Criminal investigation
ISBN : 905170528X

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Expert Evidence in the Criminal Justice Process by Lirieka Meintjes-van der Walt Pdf

There is an increasing trend towards greater use of and reliance on expertise to provide the necessary evidence in the fight against crime. Certain forms of expert evidence can be important and powerful tools in crime detection and proof. At the same time expert evidence can be so persuasive that the incorrect use of such evidence could lead to miscarriages of justice. At the interface between criminal justice systems and expert evidence lies the imperative to deal appropriately with expert evidence within a human rights framework. This study shows how three different countries, England and Wales, the Netherlands and South Africa, while upholding different legal traditions, often face similar problems in the realm of expert evidence. These include the often contradictory expectations of law and science respectively, the difficulties associated with the assessment and evaluation of the probative value of expert evidence as well as the problems associated with the integration of expert evidence in the criminal justice process. In the quest for answers to these questions, the author compares the 'hybrid' criminal justice system of South Africa with the 'adversarial' system found in England and Wales and the 'inquisitional' system in the Netherlands. Beginning with an examination of the meaning and nature of expert evidence, the investigation traces the role of expert evidence in pre-trial proceedings; procedural aspects of expert evidence during trial; the ability to challenge expert evidence and culminates with the dilemma of gauging the probative value of the evidence. This book contributes to the international debate about expert evidence. It is a worthy source for lawyers and judges in South Africa, the Netherlands and England and Wales.

Author : Glenn R. Anderson
Publisher : Unknown
Page : 393 pages
File Size : 55,6 Mb
Release : 2009
Category : Evidence, Expert
ISBN : 0433457961

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Expert Evidence by Glenn R. Anderson Pdf

Author : David Milward,Charles Ferguson
Publisher : CRC Press
Page : 170 pages
File Size : 41,8 Mb
Release : 2017-04-07
Category : Law
ISBN : 9781351859851

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The Art of Science in the Canadian Justice System by David Milward,Charles Ferguson Pdf

Part autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson’s experience—from a scientist and medical professional’s perspective—in dealing with lawyers, judges, and the process of testifying in numerous court—offers a unique glimpse into how the two worlds of science and law don’t always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out. The cases presented in the book—cases Dr. Ferguson was personally involved with—are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising—in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth—truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.

Author : Petra T. C. Kampen
Publisher : Unknown
Page : 446 pages
File Size : 48,9 Mb
Release : 1998
Category : Evidence, Criminal
ISBN : UOM:35112202541993

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Expert Evidence Compared by Petra T. C. Kampen Pdf

In modern criminal trials, expert evidence often plays an important role. The question as to the guilt of the defendant is often contingent upon the results of DNA analysis, polygraphs, hair comparisons, and other forensic science techniques. At the same time, through a wide variety of problems inherent to the collection and production of such evidence, the use of expert evidence in criminal litigation is often highly problematical. The vast range of problems that have been identified over the years, and the manifest presence of these problems in some of the more notorious 'miscarriages of justice' have made expert evidence one of the most debated topics in legal literature today. Many believe that in this particular field, criminal justice systems are in dire need of legal reform. This study attempts to contribute to this debate through an analysis and comparison of two legal systems that each employ a different method for expert involvement. The study seeks to identify the similarities and differences in how different legal systems deal with expert evidence. Additionally it seeks to establish what the experiences of one country can bring to another for the purpose of enhancing the cornerstone of criminal litigation: the concept of procedural fairness.

Author : Great Britain. Law Commission
Publisher : The Stationery Office
Page : 102 pages
File Size : 51,9 Mb
Release : 2009
Category : Business & Economics
ISBN : 0118404652

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The Admissibility of Expert Evidence in Criminal Proceedings in England and Wales by Great Britain. Law Commission Pdf

The law governing the admissibility of expert evidence in criminal trials is unsatisfactory. If the reliability of expert evidence is in question, there are no clear guide lines for determining whether or not it is sufficiently trustworthy to be considered by the jury. This title makes provisional proposals for reform.

Author : C. Michael Bowers
Publisher : Academic Press
Page : 296 pages
File Size : 52,8 Mb
Release : 2013-09-07
Category : Law
ISBN : 9780123972606

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Forensic Testimony by C. Michael Bowers Pdf

Forensic Testimony: Science, Law and Expert Evidence—favored with an Honorable Mention in Law & Legal Studies at the Association of American Publishers' 2015 PROSE Awards—provides a clear and intuitive discussion of the legal presentation of expert testimony. The book delves into the effects, processes, and battles that occur in the presentation of opinion and scientific evidence by court-accepted forensic experts. It provides a timely review of the United States Federal Rules of Evidence (FRE) regarding expert testimony, and includes a multi-disciplinary look at the strengths and weaknesses in forensic science courtroom testimony. The statutes and the effects of judicial uses (or non-use) of the FRE, Daubert, Kumho, and the 2009 NAS Report on Forensic Science are also included. The presentation expands to study case law, legal opinions, and studies on the reliability and pitfalls of forensic expertise in the US court system. This book is an essential reference for anyone preparing to give expert testimony of forensic evidence. Honorable Mention in the 2015 PROSE Awards in Law & Legal Studies from the Association of American Publishers A multi-disciplinary forensic reference examining the strengths and weaknesses of forensic science in courtroom testimony Focuses on forensic testimony and judicial decisions in light of the Federal Rules of Evidence, case interpretations, and the NAS report findings Case studies, some from the Innocence Project, assist the reader in distinguishing good testimony from bad

Author : Patrick R. Anderson,Latham Thomas Winfree
Publisher : SUNY Press
Page : 262 pages
File Size : 55,9 Mb
Release : 1987-01-01
Category : Law
ISBN : 0887064485

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Expert Witnesses by Patrick R. Anderson,Latham Thomas Winfree Pdf

For the first time a book documents the judicial system's new dependence on social science testimony, especially that rendered by sociologists and criminologists. In Expert Witnesses contributors show that unlike traditional forensics testimony, the intrusion of social science data into judicial decision-making has relatively recent origins. It details the uses and abuses of social science experts, and the ethical and pragmatic concerns raised by their testimony. This timely collection will appeal to a diverse audience, including attorneys, judges, and students of judicial proceedings. Included in this volume are historical examinations of the expert witnessing phenomenon, the legal, social, and ethical debates regarding the appropriate role of such witnesses, and anecdotal descriptions by eminent social science experts. The authors address such pragmatic issues as an attorney's perspective on finding the most appropriate expert or formulating the "best" questions to ask in court, and an expert's perspective on getting aid or terminating a nonworking attorney-expert relationship.

Author : Liz Heffernan
Publisher : Bloomsbury Publishing
Page : 1071 pages
File Size : 45,8 Mb
Release : 2021-02-10
Category : Law
ISBN : 9781526511485

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Evidence in Criminal Trials by Liz Heffernan Pdf

Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system.