Expert Evidence and Scientific Proof in Criminal Trials

Author: Paul Roberts
Publisher: Routledge
ISBN: 1351567403
Format: PDF, ePub, Mobi
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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-finder?s ?common 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.

Evidence

Author: Andrew Choo
Publisher: Oxford University Press, USA
ISBN: 0198705271
Format: PDF, Docs
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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.

Scientific Evidence in Civil and Criminal Cases

Author: Andre A. Moenssens
Publisher:
ISBN: 9781599411545
Format: PDF, ePub, Mobi
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This popular casebook is designed to provide those participating in trials with a concise understanding of the scope of the most commonly encountered types of expert testimony, and the nature of the results which may be expected from specialists. It explores both the potentialities and limitations of various types of expert proof. It considers qualifications needed for expertise in these various professional disciplines and discusses the status of the law concerning the various types of evidence encountered. The book first deals with the general concepts underlying expert opinion testimony, with the use of real and demonstrative evidence, and with opinion testimony of non-expert skilled witnesses. It then turns in succession to expert testimony based upon the physical sciences, and expert witnesses in the biological and life sciences. Finally, the book explores expert testimony in the behavioral sciences.

Research Methods for Law

Author: Mike McConville
Publisher: Edinburgh University Press
ISBN: 1474403220
Format: PDF, Mobi
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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.

Science and the Precautionary Principle in International Courts and Tribunals

Author: Caroline E. Foster
Publisher: Cambridge University Press
ISBN: 1139500163
Format: PDF, ePub, Docs
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By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.

Expert evidence in criminal proceedings in England and Wales

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

The Impact of Scientific Evidence on the Criminal Trial

Author: Oriola Sallavaci
Publisher: Routledge
ISBN: 1317910907
Format: PDF, Docs
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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.

Expert Evidence

Author: Tristram Hodgkinson
Publisher:
ISBN: 9781847036148
Format: PDF, Kindle
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Providing coverage of the latest developments in all aspects of the law of torts, this third cumulative Supplement brings the 19th Edition of Clerk & Lindsell on Torts up to date. The Supplement discusses recent case law, legislation and issues affecting the practice and development of tort law.

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.

Handbook of Massachusetts Evidence

Author: Mark S. Brodin
Publisher: Aspen Publishers Online
ISBN: 0735560625
Format: PDF
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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.