Expert Evidence And International Criminal Justice

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Expert Evidence and International Criminal Justice

Author : Artur Appazov
Publisher : Springer
ISBN 13 : 3319243403
Total Pages : 199 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Expert Evidence and International Criminal Justice by : Artur Appazov

Download or read book Expert Evidence and International Criminal Justice written by Artur Appazov and published by Springer. This book was released on 2016-01-09 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Principles of Evidence in International Criminal Justice

Author : Karim A. A. Khan
Publisher :
ISBN 13 : 0199588929
Total Pages : 876 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Principles of Evidence in International Criminal Justice by : Karim A. A. Khan

Download or read book Principles of Evidence in International Criminal Justice written by Karim A. A. Khan and published by . This book was released on 2010 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.

The Position of Witnesses before the International Criminal Court

Author : Sylvia Ntube Ngane
Publisher : BRILL
ISBN 13 : 900430195X
Total Pages : 430 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Position of Witnesses before the International Criminal Court by : Sylvia Ntube Ngane

Download or read book The Position of Witnesses before the International Criminal Court written by Sylvia Ntube Ngane and published by BRILL. This book was released on 2015-09-03 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the implications of cosmopolitan thought for the functioning of the ICC, and the implications of this for the position of witnesses before the ICC/other tribunals. The cosmopolitan theory becomes a way of critiquing their practice and jurisprudence.

Expert Evidence and Scientific Proof in Criminal Trials

Author : Paul Roberts
Publisher : Routledge
ISBN 13 : 1351567403
Total Pages : 664 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Expert Evidence and Scientific Proof in Criminal Trials by : Paul Roberts

Download or read book Expert Evidence and Scientific Proof in Criminal Trials written by Paul Roberts and published by Routledge. This book was released on 2017-07-05 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Expert evidence in criminal proceedings in England and Wales

Author : Great Britain: Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780102971170
Total Pages : 224 pages
Book Rating : 4.9/5 (711 download)

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

Download or read book Expert evidence in criminal proceedings in England and Wales written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2011-03-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Forensic Science Evidence and Expert Witness Testimony

Author : Paul Roberts
Publisher : Edward Elgar Publishing
ISBN 13 : 1788111036
Total Pages : 464 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Forensic Science Evidence and Expert Witness Testimony by : Paul Roberts

Download or read book Forensic Science Evidence and Expert Witness Testimony written by Paul Roberts and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Criminal Procedure

Author : Göran Sluiter
Publisher : OUP Oxford
ISBN 13 : 0191632600
Total Pages : 1720 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Criminal Procedure by : Göran Sluiter

Download or read book International Criminal Procedure written by Göran Sluiter and published by OUP Oxford. This book was released on 2013-03-21 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

Illicitly Obtained Evidence at the International Criminal Court

Author : Petra Viebig
Publisher : Springer
ISBN 13 : 9462650934
Total Pages : 294 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Illicitly Obtained Evidence at the International Criminal Court by : Petra Viebig

Download or read book Illicitly Obtained Evidence at the International Criminal Court written by Petra Viebig and published by Springer. This book was released on 2016-01-04 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.

Expert Evidence in the Criminal Justice Process

Author : Lirieka Meintjes-van der Walt
Publisher : Purdue University Press
ISBN 13 : 9789051705287
Total Pages : 0 pages
Book Rating : 4.7/5 (52 download)

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Book Synopsis Expert Evidence in the Criminal Justice Process by : Lirieka Meintjes-van der Walt

Download or read book Expert Evidence in the Criminal Justice Process written by Lirieka Meintjes-van der Walt and published by Purdue University Press. This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Criminal Procedure

Author : Göran Sluiter
Publisher : Oxford University Press
ISBN 13 : 0199658021
Total Pages : 1720 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis International Criminal Procedure by : Göran Sluiter

Download or read book International Criminal Procedure written by Göran Sluiter and published by Oxford University Press. This book was released on 2013-03-21 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ambitious aim of the work is to create a guiding framework for international criminal procedural law and practices in the future. As explained by the working groups, the overarching objective of the project is to assist the challenge of delivering fair but also effective trials". -- FOREWORD.

Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases

Author : Geert-Jan Knoops
Publisher : BRILL
ISBN 13 : 9004478361
Total Pages : 227 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases by : Geert-Jan Knoops

Download or read book Redressing Miscarriages of Justice: Practice and Procedure in National and International Criminal Law Cases written by Geert-Jan Knoops and published by BRILL. This book was released on 2021-08-30 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Knoops’ work functions not only as an essential textbook but also as a practical guide for practitioners on the procedural mechanisms available to them after they have exhausted all locally available remedies for redressing miscarriages of justice. Redressing Miscarriages of Justice in (Inter)national Criminal Cases succinctly analyzes techniques and practices before both national courts and international criminal tribunals, attempting to answer such questions as “when is a conviction safe or unsafe” and “when and how to assess and introduce fresh evidence to reopen a criminal case.” While addressing, inter alia, the role of human rights protection and forensic sciences in this area, the text develops a legal framework which is instrumental for practitioners dealing with review procedures before domestic courts (U.S., U.K., Canada, the Netherlands) and international criminal tribunals such as the ICTY, ICTR and ICC. Published under the Transnational Publishers imprint.

Fact-Finding without Facts

Author : Nancy A. Combs
Publisher : Cambridge University Press
ISBN 13 : 1139489712
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Fact-Finding without Facts by : Nancy A. Combs

Download or read book Fact-Finding without Facts written by Nancy A. Combs and published by Cambridge University Press. This book was released on 2010-07-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.

International Criminal Justice

Author : Michael Bohlander
Publisher : Cameron May
ISBN 13 : 1905017448
Total Pages : 506 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis International Criminal Justice by : Michael Bohlander

Download or read book International Criminal Justice written by Michael Bohlander and published by Cameron May. This book was released on 2007 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.

Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases

Author : Geert-Jan Knoops
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004255745
Total Pages : 245 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases by : Geert-Jan Knoops

Download or read book Redressing Miscarriages of Justice: Practice and Procedure in (International) Criminal Cases written by Geert-Jan Knoops and published by Martinus Nijhoff Publishers. This book was released on 2013-06-27 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author offers an extensive review of the mechanisms available in different (international) law-systems to prevent and redress miscarriages of justice, from the causes of miscarriages of justice to examining forensic reports.

National Security and International Criminal Justice

Author : Herwig Roggemann
Publisher : BRILL
ISBN 13 : 9004481168
Total Pages : 240 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis National Security and International Criminal Justice by : Herwig Roggemann

Download or read book National Security and International Criminal Justice written by Herwig Roggemann and published by BRILL. This book was released on 2021-10-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the main problems of the International Ad hoc-tribunals in The Hague and Arusha, as well as of the permanent International Court, concerns the conflict between national security and secrecy interests of sovereign States arising in legal proceedings as a result of evidence interests and the court hearing the case. While an International Criminal Court cannot succeed without the necessary competence for gathering evidence, it can also not succeed if it fails to take account of legitimate national security interests. Written by well-known authors and commentators, the articles in the book deal with this controversy from the point of view of comparative law and legal politics. The topics covered focus on experiences and decisions from the practice of both ad hoc-tribunals, as well as political and legal discussions relating to the Statute and Rules of Procedure and Evidence of the permanent International Criminal Court.

Historical Origins of International Criminal Law

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 828348107X
Total Pages : 1180 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis Historical Origins of International Criminal Law by : Morten Bergsmo

Download or read book Historical Origins of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 1180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Forensic Science: a Very Short Introduction

Author : Jim Fraser
Publisher : Oxford University Press, USA
ISBN 13 : 0198834411
Total Pages : 153 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Forensic Science: a Very Short Introduction by : Jim Fraser

Download or read book Forensic Science: a Very Short Introduction written by Jim Fraser and published by Oxford University Press, USA. This book was released on 2020-02-27 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forensic science is a subject of wide fascination. What happens at a crime scene? How does DNA profiling work? How can it help solve crimes that happened 20 years ago? In forensic science, a criminal case can often hinge on a piece of evidence such as a hair, a blood trace, half a footprint, or a tyre mark. Complex scientific findings must be considered carefully and dispassionately, and communicated with clarity, simplicity, and precision. High profile cases such as the Stephen Lawrence enquiry and the Madeleine McCann case have attracted enormous media attention and enhanced general interest in this area in recent years. In this Very Short Introduction, Jim Fraser introduces the concept of forensic science and explains how it is used in the investigation of crime. He begins at the crime scene itself, explaining the principles and processes of crime scene management, and drawing on his own personal experience of high profile cases including, the murder of Rachel Nickell and the unsolved murder of Jill Dando. Fraser explores how forensic scientists work; from the reconstruction of events to laboratory examinations. He considers the techniques they use, such as fingerprinting, and goes on to highlight the immense impact DNA profiling has had. Providing examples from forensic science cases in the UK, US, and other countries, he considers the techniques and challenges faced around the world. This new edition has been fully updated to take into account developments in areas such as DNA analysis and drug analysis, and the growing field of digital forensics. Topical areas explored include the growing significance of cognitive bias in forensic science, and recent research that raises doubts about the validity of some forensic techniques. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.