Expert Evidence and Scientific Proof in Criminal Trials

Author: Paul Roberts
Publisher: Routledge
ISBN: 1351567403
Format: PDF, Kindle
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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 placing forensic 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-finders common sense reasoning. Finally, the volumes 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.

Evidence

Author: Andrew Choo
Publisher: Oxford University Press, USA
ISBN: 0198705271
Format: PDF, ePub
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Choo's Evidence provides students with a lucid account of the core principles of the law of civil and criminal evidence in England and Wales, whilst also exploring the fundamental rationales that underlie the law as a whole. This clear and engaging text explores current debates and draws on different jurisdictions to achieve a fascinating mix of critical and thought provoking analysis for students and practitioners alike. Where appropriate the author draws on comparative material and a variety of socio-legal, empirical, and non-legal material. Also, thorough footnoting and further reading lists provide valuable signposting to a wealth of additional sources.

Research Methods for Law

Author: Mike McConville
Publisher: Edinburgh University Press
ISBN: 1474403220
Format: PDF, Docs
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Introduces students to legalistic, theoretical, empirical, comparative and cross-disciplinary research methods, grounded in working examplesNew for this editionNew chapter on inter- and cross-disciplinary research essential reading for international students and students with a non-law first degree undertaking research in the areas of law, criminology, psychology and sociologyResearch ethics has been expanded to a full chapter that includes current plagiarism and imperfect disclosureBrings existing chapters up to date with the newest thinking in legal researchDrawing on actual research projects, Research Methods for Law discusses how legal research as process impacts on research as product. The author team has a broad range of teaching and research experience in law, criminal justice and socio-legal studies, and give examples from real-life research products to illustrate the theory.

Scientific evidence in civil and criminal cases

Author: Andre A. Moenssens
Publisher: Foundation Pr
ISBN:
Format: PDF, Mobi
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Scientific Evidence in Civil and Criminal Cases provides those participating in trials with a concise understanding of the scope of commonly encountered types of expert testimony and the nature of results which my be expected from specialists. It explores both the potentialities and limitations of expert proof. It discusses the qualifications needed for expert witnesses from various disciplines and explains the status of the law concerning the types of evidence encountered in a trial. One volume.

Forensic Science Evidence and Expert Witness Testimony

Author: Paul Roberts
Publisher: Edward Elgar Publishing
ISBN: 1788111036
Format: PDF
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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.

Handbook of Massachusetts Evidence

Author: Mark S. Brodin
Publisher: Aspen Publishers Online
ISBN: 0735560625
Format: PDF, Docs
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Handbook of Massachusetts Evidence is the premier work in its field. This comprehensive and practical guide to the law of Massachusetts evidence gives you the latest case law and up-to-date information on all evidentiary matters, including:RelevanceNew kinds of scientific and statistical evidenceCharacter evidenceAdmissibility of confessionsPrivileges and disqualifications Domestic Abuse Prevention StatuteExpert testimony In addition, this new updated Eighth Edition has been expanded to cover recent topics such as: Expert testimony and scientific proof Hearsay Developments in criminal trials With detailed reference to all significant Massachusetts and federal cases with a bearing on the law of evidence, this trial attorney's 'bible' provides all the insightful analysis you need for practical, day-to-day use.

Expert evidence in criminal proceedings in England and Wales

Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780102971170
Format: PDF, ePub, Docs
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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.

Criminal Justice

Author: Anthea Hucklesby
Publisher: Oxford University Press
ISBN: 0199694966
Format: PDF, ePub
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Criminal Justice provides a thorough, thought-provoking and critical introduction to the challenges faced by the UK's criminal justice system. A team of high-profile contributors each present a concise overview of their particular field of expertise, detailing key procedures and challenging students to engage with current and topical debates.

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

Author: Great Britain. Law Commission
Publisher: The Stationery Office
ISBN: 9780118404655
Format: PDF
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The current 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 guidelines for determining whether or not it is sufficiently trustworthy to be considered by the jury. In this consultation paper the Law Commission makes provisional proposals for reform and poses some questions for consultees. Expert evidence, particularly scientific evidence, can have a very persuasive effect on juries. It is vital that such evidence should be used only if it provides a sound basis for determining a defendant's guilt or innocence. There have been miscarriages of justice in recent years where prosecution expert evidence of doubtful reliability has been placed before Crown Court juries. There may also have been unwarranted acquittals attributable to such evidence. The Commission wants to ensure that the criminal courts have the means to authenticate expert evidence and be satisfied that the information before them is sound. The Commission proposes a new test for determining whether expert evidence should be admitted in a criminal trial. It also recommends new guidelines for Crown Court judges and magistrates' courts to help them determine whether expert evidence is sufficiently reliable to be admitted.

The Impact of Scientific Evidence on the Criminal Trial

Author: Oriola Sallavaci
Publisher: Routledge
ISBN: 1317910907
Format: PDF, Kindle
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This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.