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Research Brief Changes In The Standards For Admitting Expert Evidence
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Book Synopsis RESEARCH BRIEF: Changes in the Standards for Admitting Expert Evidence by :
Download or read book RESEARCH BRIEF: Changes in the Standards for Admitting Expert Evidence written by and published by . This book was released on 2002 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expert evidence, which often plays a critical role in the outcome of civil litigation, has long been a subject of controversy in the legal community. For many years, judges relied largely on two standards to determine whether expert evidence should be admitted into a trial: whether the evidence was relevant to the case and whether the evidence was generally accepted in the expert community. But as the importance of scientific evidence increased, observers began criticizing the relevance standard for letting into evidence too much "junk science" without a solid basis and leaving it up to the jury to assess its scientific reliability. Others argued that the general acceptance standard excluded novel expert evidence that was actually quite reliable.
Book Synopsis Changes in the Standards for Admitting Expert Evidence in Federal Civil Cases Since the Daubert Decision by : Lloyd S. Dixon
Download or read book Changes in the Standards for Admitting Expert Evidence in Federal Civil Cases Since the Daubert Decision written by Lloyd S. Dixon and published by Minnesota Historical Society. This book was released on 2001 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its 1993 Daubert decision, the United States Supreme Court clarified the standards judges should use in deciding whether to admit expert evidence into federal cases. The Supreme Court directed judges to evaluate the method and reasoning underlying the expert evidence and to admit only evidence that was reliable and relevant. This study examines how judges have changed the way they evaluate expert evidence since Daubert and how the parties proposing and challenging evidence have responded as a result.
Book Synopsis Changes in the Standards for Admitting Expert Evidence by :
Download or read book Changes in the Standards for Admitting Expert Evidence written by and published by . This book was released on 2002 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reference Manual on Scientific Evidence by :
Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Identifying the Culprit by : National Research Council
Download or read book Identifying the Culprit written by National Research Council and published by National Academies Press. This book was released on 2015-01-16 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifying the Culprit: Assessing Eyewitness Identification makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda.
Book Synopsis Forensic Mental Health Consulting in Family Law by : Robert L. Kaufman
Download or read book Forensic Mental Health Consulting in Family Law written by Robert L. Kaufman and published by Routledge. This book was released on 2014-06-11 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forensic Mental Health Professionals have entered the fray of child custody litigation in ways that could not have been predicted even a decade ago. Traditionally engaged as neutral court appointed evaluators or mediators, or as treatment providers for children, parents or families, FMHPs are assuming a range of consulting functions. Services span a wide range, including providing expert testimony on specific content areas; reviewing and critiquing colleague’s work product; providing behind the scenes consultation to attorneys, and even help attorneys manage difficult cases and clients. These more recent services raise questions about sound professional practice. This volume tackles these thorny issues head on, and discusses questions how consultants can work creatively and ethically to make a positive contribution in the challenging world of family law. This book was originally published as a special issue of Journal of Child Custody.
Download or read book Prosecutorial Ethics Symposium written by and published by . This book was released on 2006 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Evidence Under the Rules by : Christopher B. Mueller
Download or read book Evidence Under the Rules written by Christopher B. Mueller and published by Aspen Publishing. This book was released on 2018-12-01 with total page 1387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence Under the Rules: Text, Cases, and Problems is one of the most widely-adopted Evidence casebooks ever published. Structured around the Federal Rules of Evidence, the book contains carefully edited cases and secondary materials, as well as numerous problems that allow students to apply concepts during classroom exercises or on their own. Text boxes provide interesting background on select cases and additional perspectives on key issues. The Ninth Edition has been updated to include the most recent Evidence cases and developments, as well as insights into recent and pending amendments to the Federal Rules. It has been streamlined by shortening or eliminating some notes, making it even more user-friendly. It contains applications of evidence law to factual scenarios that students are likely to find particularly interesting. New to the Ninth Edition: Discussion of recent influential cases, including the Supreme Court’s decisions in Ohio v. Clark and Pena-Rodriguez v. Colorado, as well as the most contemporary federal circuit and trial court decisions New problems exploring issues on Rule 404(b) evidence, Rule 410 protections for plea bargaining statements, the Rule 606(b) ban on postverdict juror testimony, demonstrative aids, and attorney-client privilege New Comment/Perspective boxes on issues of “corporate character evidence” and the use of handwriting experts to authenticate writings after Daubert Discussion of recent amendments to the Federal Rules, such as the amendment to the Rule 803(16) Ancient Documents hearsay exception, as well as discussion of the pending proposal to amend the Rule 807 Residual exception to the hearsay rule Professors and students will benefit from: Introductory text that provides a foundation for understanding the cases and materials that follow Numerous problems that treat cutting-edge issues, allowing students to apply important concepts to contemporary evidentiary problems Guidance for answering Note questions to assist students in understanding how to approach nuanced evidentiary questions “Comment/Perspective” text boxes that provide broader perspectives to aid in understanding doctrine
Book Synopsis DNA Technology in Forensic Science by : National Research Council
Download or read book DNA Technology in Forensic Science written by National Research Council and published by National Academies Press. This book was released on 1992-02-01 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.
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 398 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.
Book Synopsis Discussion of the Committee on Daubert Standards by : National Research Council
Download or read book Discussion of the Committee on Daubert Standards written by National Research Council and published by National Academies Press. This book was released on 2006-08-19 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1993, the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., laid out a new test for federal trial judges to use when determining the admissibility of expert testimony. In Daubert, the Court ruled that judges should act as gatekeepers, assessing the reliability of the scientific methodology and reasoning that supports expert testimony. The resulting judicial screening of expert testimony has been particularly consequential. While the Supreme Court sought to bring better science into the courtroom, questions remain about whether the lower courts' application of Daubert accords with scientific practices. This report summarizes discussions held by an ad hoc committee of the The National Academies to consider the impact of Daubert and subsequent Supreme Court opinions and to identify questions for future study.
Book Synopsis The Evaluation of Forensic DNA Evidence by : National Research Council
Download or read book The Evaluation of Forensic DNA Evidence written by National Research Council and published by National Academies Press. This book was released on 1996-12-12 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.
Book Synopsis Forensic Epidemiology in the Global Context by : Sana Loue
Download or read book Forensic Epidemiology in the Global Context written by Sana Loue and published by Springer Science & Business Media. This book was released on 2013-04-02 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: As globalization causes profound changes in business, industry, and trade,it can also have significant effects on populations, environments, and individuals.These effects may be harmful, resulting in injury or illness, prompting the critical question: How best to correct wrongs caused to individuals, communities, and/or the environment of one country by the actions of individuals or corporations of another? Possible answers lie in an emerging discipline. Forensic Epidemiology in the Global Context opens meaningful windows onto the processes of forensic epidemiology, the roles of the epidemiologist in civil disputes, and the potential contribution of the field to legal and justice efforts worldwide. Case examples from the U.K., Nigeria, Ecuador, Romania, and Australia illustrate commonly used methodologies and the challenges involved in their use in U.S. and international courts of law. A chapter on expert testimony takes readers through qualification and admissibility issues, report requirements, and working with attorneys. Included in the coverage: Forensic epidemiology in the international legal arena. The epidemiologist as an expert in litigation. Epidemiological evidence in tort law: dispatches from the U.K. Liability for occupational exposure: the role of epidemiology. Forensic epidemiology and environmental justice. Forensic epidemiology, pathology, ethnics, and human rights. By emphasizing both the scientific and legal components of the equation, Forensic Epidemiology in the Global Context gives researchers and graduate students in epidemiology a unique and timely guide to the present and future of an increasingly salient field.
Book Synopsis Ziskin's Coping with Psychiatric and Psychological Testimony by : David Faust
Download or read book Ziskin's Coping with Psychiatric and Psychological Testimony written by David Faust and published by Oxford University Press. This book was released on 2011 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly effective guide is designed to help attorneys differentiate expert testimony that is scientifically well-established from authoritative pronouncements that are mainly speculative. Building on the foundation of Jay Ziskin's classic work, this updated text blends the best of previous editions with discussion of positive scientific advances in the field to provide practical guidance for experts and lawyers alike. Major contributors in the field summarize the state of the literature in numerous key areas of the behavioral sciences and law. Working from these foundations, the text provides extensive guidance, tips, and strategies for improving the quality of legal evaluations and testimony, appraising the trustworthiness of experts' opinions, and as follows, bolstering or challenging conclusions in a compelling manner. Distinctive features of this text include detailed coverage of admissibility and Daubert challenges, with unique chapters written by an eminently qualified judge and attorney; hundreds of helpful suggestions covering such topics as forensic evaluations, discovery, and the conduct of depositions and cross-examinations; and two chapters on the use of visuals to enhance communication and persuasiveness, including a unique chapter with over 125 model visuals for cases in psychology and law. More than ever, the sixth edition is an invaluable teaching tool and resource, making it a 'must have' for mental health professionals and attorneys.
Book Synopsis Learning Forensic Assessment by : Rebecca Jackson
Download or read book Learning Forensic Assessment written by Rebecca Jackson and published by Taylor & Francis. This book was released on 2007-10-08 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an excellent resource for forensic psychology undergraduate students, this book offers students the opportunity to learn from experts, through the collection of outstanding articles. Unlike other books in the area that are topic specific, it also gives them comprehensive coverage of the subject. Divided into five broad topic areas, it covers:professional issuesjuvenile assessmentcriminal forensic assessmentcivil forensic assessmentpervasive issues - malingering and psychopathy. Written by a group of internationally renowned contributors and including didactic information as well as pro.
