Expert Evidence In Criminal Proceedings In England And Wales

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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.

The Admissibility of Expert Evidence in Criminal Proceedings in England and Wales

Author : Great Britain. Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780118404655
Total Pages : 102 pages
Book Rating : 4.4/5 (46 download)

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

Download or read book The Admissibility of 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 2009 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK

Author : S. Lucina Hackman
Publisher : CRC Press
ISBN 13 : 131535439X
Total Pages : 126 pages
Book Rating : 4.3/5 (153 download)

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Book Synopsis The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK by : S. Lucina Hackman

Download or read book The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK written by S. Lucina Hackman and published by CRC Press. This book was released on 2019-04-24 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

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.

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.

A Practical Guide to the Use of Expert Evidence in Criminal Cases - Second Edition

Author : Richard Padley
Publisher :
ISBN 13 : 9781914608506
Total Pages : 0 pages
Book Rating : 4.6/5 (85 download)

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Book Synopsis A Practical Guide to the Use of Expert Evidence in Criminal Cases - Second Edition by : Richard Padley

Download or read book A Practical Guide to the Use of Expert Evidence in Criminal Cases - Second Edition written by Richard Padley and published by . This book was released on 2023-04-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent times the use of expert evidence has hit the headlines when scrutiny over the expert's qualifications and experience has undermined the credibility of their evidence. This has rapidly become an area of law that practitioners cannot afford to get wrong. This book takes the practitioner through all stages of the process from initial identification of the need for expert evidence, through to maximising the benefit of this evidence at trial. It considers the practical steps required for adducing expert evidence at trial (noting the appropriate procedure rules and practice directions), and how this can most appropriately be presented to the tribunal (including references to key authorities as appropriate). The second edition of this book provides an update in relation to matters of admissibility and the use of expert evidence, but also expands on the types of expert evidence that practitioners may come across in their own work. It aims to provide the practitioner with a level of understanding of these fields that can be used to build confidence when tackling an expert report and challenging an expert in court. With that in mind it is suitable for both junior practitioners coming across these areas of expertise for the first time and seeking to build their knowledge afresh, as well as the more seasoned practitioner seeking to refresh their knowledge as well as understanding some of the greater detail surrounding the various fields of expertise. CONTENTS Ch 1 - An Introduction to Expert Evidence - What is an expert report? Who can be an expert? The independence of expert witnesses Ch 2 - The use of Expert Evidence in Criminal Proceedings - covering case management, unused material, the presentation of expert evidence in court, directing the jury Ch 3- An introduction to the use of psychiatric evidence in the criminal justice system Ch 4 - Fitness to Plead - An overview of the fitness to plead procedure, including how it can be used in both the Magistrates' and Crown Court, how it is established, and how an acts hearing is conducted Ch 5 - Insanity - How to establish insanity and the consequences of the return of the 'special verdict' Ch 6 - The utility of psychiatric evidence in establishing self defence Ch 7 - Disposal of cases involving elements of mental health treatment - an overview of the options available to the court Ch 8 - Digital Forensics - the principles for obtaining digital evidence, powers to obtain digital material from within the UK and from abroad, principles of examining devices for digital material, issues arising from the disclosure of gitial material. Ch 9 - Cell Site Evidence - What is it? How it can be used? What are its limitations? How can it be challenged? Ch 10 - Modern Slavery - How can an expert assist with matters of modern slavery? Ch 11 - Gangs, Lyrics and Association - When can the prosecution rely on evidence of gang assocation and music lyrics? Ch 12 - An introduction to Forensic Science - How does forensic science fit within the criminal justice system? Ch 13 - Fingerprint Analysis - Recovering and examining fingerprints; cognitive bias in fingerprint examination. Ch 14 - Firearms - analysis of firearms and ballistics; rifling and the identification of firearms; firearm discharge residue. Ch 15 - The use of DNA in Criminal Proceedings - an overview of the science; sources of DNA; interpretation of DNA; establishing the evidential significance of a match; the prosecutor's fallacy; limitations of the science Ch 16 - The use of statistics in forensic science - random match probability; liklihood theory; bayesian theorum; statistical evidence in court. Ch 17 - General tips when using expert evidence

Neurolaw and Responsibility for Action

Author : Bebhinn Donnelly-Lazarov
Publisher : Cambridge University Press
ISBN 13 : 1108635202
Total Pages : 313 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Neurolaw and Responsibility for Action by : Bebhinn Donnelly-Lazarov

Download or read book Neurolaw and Responsibility for Action written by Bebhinn Donnelly-Lazarov and published by Cambridge University Press. This book was released on 2018-05-03 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law regulates human behaviour, a phenomenon about which neuroscience has much to say. Neuroscience can tell us whether a defendant suffers from a brain abnormality, or injury and it can correlate these neural deficits with criminal offending. Using fMRI and other technologies it might indicate whether a witness is telling lies or the truth. It can further propose neuro-interventions to 'change' the brains of offenders and so to reduce their propensity to offend. And, it can make suggestions about whether a defendant knows or merely suspects a prohibited state of affairs; so, drawing distinctions among the mental states that are central to legal responsibility. Each of these matters has philosophical import; is a neurological 'deficit' inculpatory or exculpatory; what is the proper role for law if the mind is no more than the brain; is lying really a brain state and can neuroscience really 'read' the brain? In this edited collection, leading contributors to the field provide new insights on these matters, bringing to light the great challenges that arise when disciplinary boundaries merge.

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.

Roberts & Zuckerman's Criminal Evidence

Author : Paul Roberts
Publisher : Oxford University Press
ISBN 13 : 0192557912
Total Pages : 1193 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Roberts & Zuckerman's Criminal Evidence by : Paul Roberts

Download or read book Roberts & Zuckerman's Criminal Evidence written by Paul Roberts and published by Oxford University Press. This book was released on 2022-08-04 with total page 1193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.

Evidence in Context

Author : Jonathan Doak
Publisher : Routledge
ISBN 13 : 1317815084
Total Pages : 869 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Evidence in Context by : Jonathan Doak

Download or read book Evidence in Context written by Jonathan Doak and published by Routledge. This book was released on 2015-06-05 with total page 869 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence in Context explains the key concepts of evidence law in England and Wales clearly and concisely, set against the backdrop of the broader political and theoretical contexts. The book helps to inform students of the major debates within the field, providing an explanation as to how and why the law has developed as it has. This fourth edition has been revised and expanded to include developments in the law of hearsay evidence as well as recent litigation surrounding witness anonymity orders, bad character and vulnerable witnesses. It also addresses the on-going controversy and debate about the use of expert witnesses. A brand new chapter considers the contentious issue of public interest immunity, and the introductory chapter has been substantially expanded to consider the?continuing interplay between the UK courts and the European Court of Human Rights as the role of human rights in evidence becomes increasingly important. Features include: Key learning points to summarise the major principles of evidence law Practical examples to help students understand how the rules are applied in practice Self-test questions to encourage students to reflect on what they have learned A supporting companion website including answers to self-test questions Well-written, clear and with a logical structure throughout, Evidence in Context contains all the information necessary for any undergraduate evidence law module.

Expert Evidence

Author : Tristram Hodgkinson
Publisher :
ISBN 13 : 9780421889309
Total Pages : 722 pages
Book Rating : 4.8/5 (893 download)

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Book Synopsis Expert Evidence by : Tristram Hodgkinson

Download or read book Expert Evidence written by Tristram Hodgkinson and published by . This book was released on 2007 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition was published, a lot of developments have affected the way in which the courts handle expert evidence. This edition remains faithful to the original and details the developments since its publication.

Criminal Procedure and Investigations Act 1996 (section 23 (1))

Author : Great Britain: Ministry of Justice
Publisher :
ISBN 13 : 9780117082823
Total Pages : 20 pages
Book Rating : 4.0/5 (828 download)

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Book Synopsis Criminal Procedure and Investigations Act 1996 (section 23 (1)) by : Great Britain: Ministry of Justice

Download or read book Criminal Procedure and Investigations Act 1996 (section 23 (1)) written by Great Britain: Ministry of Justice and published by . This book was released on 2015-04-28 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated March 2015

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.

Expert Evidence and Criminal Justice

Author : Mike Redmayne
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198267805
Total Pages : 223 pages
Book Rating : 4.2/5 (678 download)

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Book Synopsis Expert Evidence and Criminal Justice by : Mike Redmayne

Download or read book Expert Evidence and Criminal Justice written by Mike Redmayne and published by Oxford University Press on Demand. This book was released on 2001 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Forensic Evidence in Court

Author : Craig Adam
Publisher : John Wiley & Sons
ISBN 13 : 1119054435
Total Pages : 336 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis Forensic Evidence in Court by : Craig Adam

Download or read book Forensic Evidence in Court written by Craig Adam and published by John Wiley & Sons. This book was released on 2016-07-12 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interpretation and evaluation of scientific evidence and its presentation in a court of law is central both to the role of the forensic scientist as an expert witness and to the interests of justice. This book aims to provide a thorough and detailed discussion of the principles and practice of evidence interpretation and evaluation by using real cases by way of illustration. The presentation is appropriate for students of forensic science or related disciplines at advanced undergraduate and master's level or for practitioners engaged in continuing professional development activity. The book is structured in three sections. The first sets the scene by describing and debating the issues around the admissibility and reliability of scientific evidence presented to the court. In the second section, the principles underpinning interpretation and evaluation are explained, including discussion of those formal statistical methods founded on Bayesian inference. The following chapters present perspectives on the evaluation and presentation of evidence in the context of a single type or class of scientific evidence, from DNA to the analysis of documents. For each, the science underpinning the analysis and interpretation of the forensic materials is explained, followed by the presentation of cases which illustrate the variety of approaches that have been taken in providing expert scientific opinion.

Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie

Author : Frankie McCarthy
Publisher : Open Book Publishers
ISBN 13 : 1783741473
Total Pages : 422 pages
Book Rating : 4.7/5 (837 download)

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Book Synopsis Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie by : Frankie McCarthy

Download or read book Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie written by Frankie McCarthy and published by Open Book Publishers. This book was released on 2015-05-11 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.