Expert Evidence And Scientific Proof In Criminal Trials

Author : Paul Roberts
Publisher : Routledge
ISBN 13 : 1351567403
Total Pages : 664 pages
Book Rating : 4.04/5 ( download)

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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.

Author : Great Britain: Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780102971170
Total Pages : 224 pages
Book Rating : 4.7X/5 ( download)

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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 : Paul Roberts
Publisher : Edward Elgar Publishing
ISBN 13 : 1788111036
Total Pages : 464 pages
Book Rating : 4.34/5 ( download)

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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 464 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.

Author : Edward J. Imwinkelried
Publisher :
ISBN 13 :
Total Pages : 538 pages
Book Rating : 4.22/5 ( download)

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Download or read book The Methods of Attacking Scientific Evidence written by Edward J. Imwinkelried and published by . This book was released on 2004 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Petra T. C. Kampen
Publisher :
ISBN 13 :
Total Pages : 446 pages
Book Rating : 4.93/5 ( download)

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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.

Author : Oriola Sallavaci
Publisher : Routledge
ISBN 13 : 1317910915
Total Pages : 220 pages
Book Rating : 4.16/5 ( download)

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Download or read book The Impact of Scientific Evidence on the Criminal Trial written by Oriola Sallavaci and published by Routledge. This book was released on 2014-02-05 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Mike Redmayne
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198267805
Total Pages : 223 pages
Book Rating : 4.00/5 ( download)

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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.

Author : Andre A. Moenssens
Publisher :
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.85/5 ( download)

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Download or read book Scientific Evidence in Criminal Cases written by Andre A. Moenssens and published by . This book was released on 1973 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Liz Heffernan
Publisher : Bloomsbury Publishing
ISBN 13 : 1526511460
Total Pages : 1250 pages
Book Rating : 4.61/5 ( download)

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Download or read book Evidence in Criminal Trials written by Liz Heffernan and published by Bloomsbury Publishing. This book was released on 2020-10-25 with total page 1250 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.

Author : Andre A. Moenssens
Publisher :
ISBN 13 :
Total Pages : 876 pages
Book Rating : 4.89/5 ( download)

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Download or read book Scientific Evidence in Criminal Cases written by Andre A. Moenssens and published by . This book was released on 1986 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: