Expert Evidence In Criminal Law

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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.

Expert Evidence and International Criminal Justice

Author : Artur Appazov
Publisher : Springer
ISBN 13 : 3319243403
Total Pages : 208 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 208 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.

Law for the Expert Witness, Second Edition

Author : Daniel A. Bronstein
Publisher : CRC Press
ISBN 13 : 9781420048766
Total Pages : 248 pages
Book Rating : 4.0/5 (487 download)

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Book Synopsis Law for the Expert Witness, Second Edition by : Daniel A. Bronstein

Download or read book Law for the Expert Witness, Second Edition written by Daniel A. Bronstein and published by CRC Press. This book was released on 2010-12-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a trial lawyer turned professor, Law for the Expert Witness, Second Edition is for professionals who participate - voluntarily or involuntarily - in the legal system as expert witnesses. This book discusses the practical aspects of pre-trial discovery and the Rules of Evidence. Most of the principles are illustrated using actual cases decided by various courts. The book also includes helpful hints based on the author's trial experience and appendices that contain the texts of the relevant Federal Rules of Civil Procedure and Federal Rules of Evidence. This text is an excellent primer for chemists, medical professionals, civil engineers, environmental toxicologists, and other professionals called to provide expert testimony, as well as a practical handbook for lawyers to utilize in preparing experts for testifying.

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.

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.

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.

Expert Evidence in Criminal Law

Author : Alan D. Gold
Publisher :
ISBN 13 : 9781552211700
Total Pages : 275 pages
Book Rating : 4.2/5 (117 download)

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Book Synopsis Expert Evidence in Criminal Law by : Alan D. Gold

Download or read book Expert Evidence in Criminal Law written by Alan D. Gold and published by . This book was released on 2009 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains all the principles and knowledge needed to expose bogus experts and junk science and to reduce inflated expert evidence to its proper valuation.

Forensic Testimony

Author : C. Michael Bowers
Publisher : Academic Press
ISBN 13 : 0123972604
Total Pages : 297 pages
Book Rating : 4.1/5 (239 download)

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Book Synopsis Forensic Testimony by : C. Michael Bowers

Download or read book Forensic Testimony written by C. Michael Bowers and published by Academic Press. This book was released on 2013-09-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Expert Witnesses

Author : Carol A. G. Jones
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 304 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Expert Witnesses by : Carol A. G. Jones

Download or read book Expert Witnesses written by Carol A. G. Jones and published by Oxford University Press, USA. This book was released on 1994 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first socio-legal analysis of the role of experts in the legal process, focusing on the role played by expert witnesses in the pre-trial construction of legal cases. It examines the history of forensic science in terms of its cooptation by the law as an aid to advocacy. Given recent concerns about the reliability of forensic evidence in criminal cases, the book is especially topical. Its argument is that, far from being 'abnormal' or 'deviant' science, forensic science in these cases of 'miscarriages of justice' represents a normal practice of science and a typical practice of science in the harness of the law. In some respects, our recent disillusionment with forensic science stems from a wider loss of faith in the promise of modernity - science no longer may be relied upon to provide us with the certainties we seek in order to construct our everyday lives. In one sense, therefore, our loss of confidence in forensic science and the criminal justice system is part of a more profound malaise. This book examines the various options available to us and analyses the ways in which the legal system has, in the past as in the present, sought to redeem its role as a primary means of truth-finding and deliverer of certainty. The book contains new material on the history of science and law as well as drawing upon empirical data and observational study to demonstrate the 'behind the scenes' links between, and pre-trial practices of, lawyers and scientists. It argues that recent attempts to resolve our crisis of confidence in forensic science by moving towards an 'independent' forensic science service are misguided and will eventually lead to 'state closure' of forensic services.As an alternative to this scenario, the author proposes a mixed economy of forensic services, comprising a strong freelance/university sector to off-set the present virtual monopoly by the State. Its analysis and proposals should be of interest to anyone interested in the findings of the Royal Commission on the Criminal Justice System.

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

Author : S. Lucina Hackman
Publisher : CRC Press
ISBN 13 : 1498705707
Total Pages : 162 pages
Book Rating : 4.4/5 (987 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 162 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.

Expert Evidence Compared

Author : Petra T. C. Kampen
Publisher :
ISBN 13 :
Total Pages : 446 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Expert Evidence Compared by : Petra T. C. Kampen

Download or read book Expert Evidence Compared written by Petra T. C. Kampen and published by . This book was released on 1998 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Forensic Science Evidence and Expert Witness Testimony

Author : Paul Roberts
Publisher : Edward Elgar Publishing
ISBN 13 : 1788111036
Total Pages : 454 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 454 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 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.

Law for the Expert Witness

Author : Daniel A. Bronstein
Publisher : CRC Press
ISBN 13 : 1420046748
Total Pages : 250 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Law for the Expert Witness by : Daniel A. Bronstein

Download or read book Law for the Expert Witness written by Daniel A. Bronstein and published by CRC Press. This book was released on 2007-03-19 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, this third edition of Law for the Expert Witness comprehensively covers the current processes and techniques of legal procedure. Beginning with procedural issues that an expert witness would encounter i

Evidence in Criminal Trials

Author : Liz Heffernan
Publisher : Bloomsbury Publishing
ISBN 13 : 1526511487
Total Pages : 1071 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Evidence in Criminal Trials by : Liz Heffernan

Download or read book Evidence in Criminal Trials written by Liz Heffernan and published by Bloomsbury Publishing. This book was released on 2021-02-10 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This title is included in Bloomsbury Professional's Irish Criminal Law online service.

Expert Psychological Testimony for the Courts

Author : Mark Costanzo
Publisher : Psychology Press
ISBN 13 : 1000149420
Total Pages : 303 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Expert Psychological Testimony for the Courts by : Mark Costanzo

Download or read book Expert Psychological Testimony for the Courts written by Mark Costanzo and published by Psychology Press. This book was released on 2020-07-24 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past two decades, the frequency and range of expert testimony by psychologists have increased dramatically. Courts now routinely hear expert testimony from clinical, cognitive, developmental, and social psychologists. Expert Psychological Testimony for the Courts provides a comprehensive, research-based analysis of the content, ethics, and impact of expert testimony. This book features leading scholars who have contributed to the scientific foundation for expert testimony and who have also served as expert witnesses. The opening chapter explores issues surrounding the admissibility of expert testimony, and the closing chapter explores the ethics and limits of psychological testimony. Each of the intervening chapters focuses on a different area of expert testimony: forensic identification, police interrogations and false confessions, eyewitness identification, sexual harassment, mitigation in capital cases, the insanity defense, battered women, future dangerousness, and child custody. These chapters describe the typical content of expert testimony in a particular area, evaluate the scientific foundation for testimony, examine how jurors respond to expert testimony, and suggest ways in which legal standards or procedures might be modified in light of psychological research. This groundbreaking book should be on the shelf of every social scientist interested in the legal system and every trial attorney who is likely to retain a psychologist as an expert witness. It can also serve as a text for advanced courses in psychology, legal studies, criminal justice, law, and sociology.

Expert Evidence in Criminal Law

Author : Ian R. Freckelton
Publisher : Lawbook Company
ISBN 13 : 9780455216041
Total Pages : 965 pages
Book Rating : 4.2/5 (16 download)

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Book Synopsis Expert Evidence in Criminal Law by : Ian R. Freckelton

Download or read book Expert Evidence in Criminal Law written by Ian R. Freckelton and published by Lawbook Company. This book was released on 1999-01-01 with total page 965 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprises a selection of chapters from the "Expert Evidence" looseleaf service, selected on the basis of their utility to the criminal law practitioner. Each chapter contains a technically sound outline of its area of expertise and introduces the reader to current thinking and technology.