The Judicial Assessment Of Expert Evidence
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The Judicial Assessment Of Expert Evidence
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Author : Déirdre Dwyer
language : en
Publisher: Cambridge University Press
Release Date : 2008-12-18
The Judicial Assessment Of Expert Evidence written by Déirdre Dwyer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-18 with Law categories.
Deirdre Dwyer examines how a court can decide when to accept an expert's opinion, focusing on English civil justice.
The Judicial Assessment Of Expert Evidence
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Author :
language : en
Publisher:
Release Date : 2008
The Judicial Assessment Of Expert Evidence written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Evidence, Expert categories.
Expert Evidence And International Criminal Justice
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Author : Artur Appazov
language : en
Publisher: Springer
Release Date : 2016-01-09
Expert Evidence And International Criminal Justice written by Artur Appazov and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-09 with Law categories.
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.
The Evolving Role Of Statistical Assessments As Evidence In The Courts
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Author : Stephen E. Fienberg
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Evolving Role Of Statistical Assessments As Evidence In The Courts written by Stephen E. Fienberg and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
With increasing frequency, the proof of facts in legal proceedings en tails the use of quantitative methods. Judges, lawyers, statisticians, social scientists, and many others involved in judicial processes must address is sues such as the evaluation and interpretation of quantitative evidence, the ethical and professional obligations of expert witnesses, and the roles of court-appointed witnesses. The Panel on Statistical Assessments as Evi dence in the Courts was convened to help clarify these issues and provide some guidance in addressing the difficulties encountered in the use of quan titative assessments in legal proceedings. This report is the culmination of more than three years of research and deliberation. In it, we address a variety of issues that arise in federal and state court proceedings when statistical assessments such as quantitative descriptions, causal inferences, and predictions of events based on earlier occurrences are presented as evidence. We appraise the forms in which such assessments are presented, aspects of their admission into evidence, and the response to and evaluation of them by judges and juries.
Expert Evidence In The Criminal Justice Process
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Author : Lirieka Meintjes-van der Walt
language : en
Publisher: Purdue University Press
Release Date : 2001
Expert Evidence In The Criminal Justice Process written by Lirieka Meintjes-van der Walt and has been published by Purdue University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Criminal investigation categories.
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.
Expert Witnesses
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Author : Patrick R. Anderson
language : en
Publisher: SUNY Press
Release Date : 1987-01-01
Expert Witnesses written by Patrick R. Anderson and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987-01-01 with Law categories.
For the first time a book documents the judicial system's new dependence on social science testimony, especially that rendered by sociologists and criminologists. In Expert Witnesses contributors show that unlike traditional forensics testimony, the intrusion of social science data into judicial decision-making has relatively recent origins. It details the uses and abuses of social science experts, and the ethical and pragmatic concerns raised by their testimony. This timely collection will appeal to a diverse audience, including attorneys, judges, and students of judicial proceedings. Included in this volume are historical examinations of the expert witnessing phenomenon, the legal, social, and ethical debates regarding the appropriate role of such witnesses, and anecdotal descriptions by eminent social science experts. The authors address such pragmatic issues as an attorney's perspective on finding the most appropriate expert or formulating the "best" questions to ask in court, and an expert's perspective on getting aid or terminating a nonworking attorney-expert relationship.
Expert Witnesses
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Author : Carol A. G. Jones
language : en
Publisher: Oxford University Press, USA
Release Date : 1994
Expert Witnesses written by Carol A. G. Jones and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Evidence, Expert categories.
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.
A Guide To Expert Witness Evidence
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Author : Mark Tottenham
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-11-28
A Guide To Expert Witness Evidence written by Mark Tottenham and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-28 with Law categories.
A Guide to Expert Witness Evidence is a uniquely comprehensive exploration of expert witness evidence in Ireland. This new book places the expert witness in context, giving an overview of the Irish legal system both civil and criminal, and the different types of quasi-judicial tribunals and arbitration/mediation procedures. Once placed in this context, the practicalities of the expert witness' role are explored. The book explains who can be an expert witness, the scope and the limits of evidence given by expert witnesses, and the function and duty of expert witnesses. A key part of the book examines the role of the expert in a pre-trial context, including report writing, as well as the expert giving evidence in court. The book then examines experts in various contexts, whether in the commercial courts, family law, local authority disputes, or criminal, medical and engineering trials. The book is not only aimed at lawyers but also potential expert witnesses. In this way the book is a truly comprehensive guide to expert witness evidence, detailing not only the background and the logistics but also the practicalities.
Expert Evidence In Criminal Proceedings In England And Wales
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Author : Great Britain: Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2011-03-22
Expert Evidence In Criminal Proceedings In England And Wales written by Great Britain: Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-22 with Law categories.
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 Expert Witness Forensic Science And The Criminal Justice Systems Of The Uk
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Author : S. Lucina Hackman
language : en
Publisher: CRC Press
Release Date : 2019-04-24
The Expert Witness Forensic Science And The Criminal Justice Systems Of The Uk written by S. Lucina Hackman and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-24 with Law categories.
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.