Download or read book Case Assessment and Interpretation of Expert Evidence written by Graham Jackson and published by . This book was released on 2013 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interpreting Evidence written by Bernard Robertson and published by . This book was released on 1995-11-09 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: An attorney and an expert in using probability in decision making describe a powerful new approach to presenting scientific evidence and cross examining expert witnesses in court. Using clear practical terms, they explain the principles of interpretation applicable to all forms of scientific evidence. These principles demonstrate how evidence should be imparted by expert witnesses as well as considered and combined with other evidence by jurors. Authentic case studies illustrate the operation of interpretation principles and how the problems which arose in these cases should have been avoided. Specific evidential areas covered include database matching, transfer evidence, blood and DNA evidence, fingerprints, handwriting and behavioral evidence.
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.
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 328 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.
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.
Download or read book Scientific and Expert Evidence written by John M. Conley and published by Aspen Publishing. This book was released on 2022-10-27 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Using representative cases, comprehensible scientific readings, and the authors’ insightful introductions and explanatory notes, Scientific and Expert Evidence provides a comprehensive treatment of the law and science relating to scientific and expert evidence. The Third Edition provides more explanation of scientific concepts and full coverage of recent scientific and legal developments, but in a shorter book that focuses more intensively on core legal issues. New to the Third Edition: An entirely redesigned chapter covering developments in Opinion Evidence, including new cases exploring the complexity and boundaries of expert evidence that are suitable for student projects A fully redesigned chapter on Social Science, Behavioral Science, and Neuroscience, with new cases and commentary Inclusion of cutting-edge cases that highlight courts’ growing recognition of the importance of scientific accuracy in the areas of eyewitness identification, false confession, and child sexual abuse evidence A reorganized and more tightly focused treatment of forensic science, with excerpts from national science organizations focusing on accuracy and reliability of pattern matching evidence and the problems that still remain Full coverage of evolving DNA science, including the “database mining” approach to cold cases, continuing developments in the statistical analysis of matches, and the vanishing notion of “junk” DNA Elucidation of the sometimes-conflicting legal and scientific ideas of causation and proof, including updated cases involving toxic exposures and medical devices Additional cases involving economic analysis in evidence, coupled with expanded explanatory notes Updated exposition of the current state of the law of scientific evidence An expanded explanation of basic statistical concepts, with additional examples and illustrations Professors and students will benefit from: Complex issues presented clearly and concisely A consistent and logical internal chapter organization and pedagogy Accessible but not simplistic discussion of statistics and DNA chapters The exploration of the differences and synergies of legal and scientific methods and goals A new case in Chapter 2 that permits students to pull together multiple concepts in FRE 702 and the Daubert trilogy, perfect for a written assignment or classroom discussion The easiest Rubik's Cube solution is available in many languages. Learn it quickly memorizing only a few algorithms.
Download or read book Expert Evidence written by Roger Smith and published by Taylor & Francis. This book was released on 1989 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interpreting Evidence written by Bernard Robertson and published by John Wiley & Sons. This book was released on 2016-07-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the correct logical approach to analysis of forensic scientific evidence. The focus is on general methods of analysis applicable to all forms of evidence. It starts by explaining the general principles and then applies them to issues in DNA and other important forms of scientific evidence as examples. Like the first edition, the book analyses real legal cases and judgments rather than hypothetical examples and shows how the problems perceived in those cases would have been solved by a correct logical approach. The book is written to be understood both by forensic scientists preparing their evidence and by lawyers and judges who have to deal with it. The analysis is tied back both to basic scientific principles and to the principles of the law of evidence. This book will also be essential reading for law students taking evidence or forensic science papers and science students studying the application of their scientific specialisation to forensic questions.
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.
Download or read book A Practical Guide to the Use of Expert Evidence in Criminal Cases Second Edition written by Richard Padley and published by . This book was released on 2023-04-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent times the use of expert evidence has hit the headlines when scrutiny over the expert's qualifications and experience has undermined the credibility of their evidence. This has rapidly become an area of law that practitioners cannot afford to get wrong. This book takes the practitioner through all stages of the process from initial identification of the need for expert evidence, through to maximising the benefit of this evidence at trial. It considers the practical steps required for adducing expert evidence at trial (noting the appropriate procedure rules and practice directions), and how this can most appropriately be presented to the tribunal (including references to key authorities as appropriate). The second edition of this book provides an update in relation to matters of admissibility and the use of expert evidence, but also expands on the types of expert evidence that practitioners may come across in their own work. It aims to provide the practitioner with a level of understanding of these fields that can be used to build confidence when tackling an expert report and challenging an expert in court. With that in mind it is suitable for both junior practitioners coming across these areas of expertise for the first time and seeking to build their knowledge afresh, as well as the more seasoned practitioner seeking to refresh their knowledge as well as understanding some of the greater detail surrounding the various fields of expertise. CONTENTS Ch 1 - An Introduction to Expert Evidence - What is an expert report? Who can be an expert? The independence of expert witnesses Ch 2 - The use of Expert Evidence in Criminal Proceedings - covering case management, unused material, the presentation of expert evidence in court, directing the jury Ch 3- An introduction to the use of psychiatric evidence in the criminal justice system Ch 4 - Fitness to Plead - An overview of the fitness to plead procedure, including how it can be used in both the Magistrates' and Crown Court, how it is established, and how an acts hearing is conducted Ch 5 - Insanity - How to establish insanity and the consequences of the return of the 'special verdict' Ch 6 - The utility of psychiatric evidence in establishing self defence Ch 7 - Disposal of cases involving elements of mental health treatment - an overview of the options available to the court Ch 8 - Digital Forensics - the principles for obtaining digital evidence, powers to obtain digital material from within the UK and from abroad, principles of examining devices for digital material, issues arising from the disclosure of gitial material. Ch 9 - Cell Site Evidence - What is it? How it can be used? What are its limitations? How can it be challenged? Ch 10 - Modern Slavery - How can an expert assist with matters of modern slavery? Ch 11 - Gangs, Lyrics and Association - When can the prosecution rely on evidence of gang assocation and music lyrics? Ch 12 - An introduction to Forensic Science - How does forensic science fit within the criminal justice system? Ch 13 - Fingerprint Analysis - Recovering and examining fingerprints; cognitive bias in fingerprint examination. Ch 14 - Firearms - analysis of firearms and ballistics; rifling and the identification of firearms; firearm discharge residue. Ch 15 - The use of DNA in Criminal Proceedings - an overview of the science; sources of DNA; interpretation of DNA; establishing the evidential significance of a match; the prosecutor's fallacy; limitations of the science Ch 16 - The use of statistics in forensic science - random match probability; liklihood theory; bayesian theorum; statistical evidence in court. Ch 17 - General tips when using expert evidence
Download or read book Forensic Evidence in Court written by Christine Beck Lissitzyn and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Forensic Evidence in Court updates the original version, which was published in 2007. This edition continues to focus on the use of forensic evidence in criminal trials by examining particular case studies. In addition, it adds two new topics: 1. Computer and Digital Forensics 2. Firearms, Ballistics, and Toolmarks This edition includes several significant developments in the use of forensic evidence at trial since 2007. The first is the U.S. Supreme Court case, Melendez-Diaz v. Massachusetts, which established a right under the Confrontation Clause of the U.S. Constitution to cross-examine certain forensic analysts. That case involved an analyst who certified that a substance linked to the defendant was cocaine. This right was subsequently extended to an analyst who performed a blood alcohol test. However, when the Supreme Court was asked to rule on the applicability of this rule to DNA examiners, it stated that the examiner would be required to testify only if the results of the test were "testimonial" in nature. The case has been criticized and some lower courts have subsequently refused to follow it. Another significant development was the release of a report on the scientific reliability of forensic testing in many different areas issued by the National Research Council. The Report, called Strengthening Forensic Evidence: A Path Forward, called for more scientific testing and for standardization in qualification of examiners and in laboratory conditions. The only area of forensic examination that the report viewed as scientifically reliable is DNA. Various government agencies have been established to attempt to implement some of these recommendations. Funding is obviously a huge obstacle to implementing many of the recommendations. A development in forensics itself involved the extension of newer technologies in DNA testing, including a process called "Low Copy DNA," which tests quantities previously too small to type as well as DNA test kits that can be used at crime sites. A further development is the expansion of computer hacking, computer fraud and the ubiquitous nature of computers in society. We have added a new chapter to reflect what will continue to be a contentious issue in court-- "proving location and events with digital evidence." Advances in the psychological sciences have results in courts addressing issues of eyewitness testimony. Courts are coming to realize that eyewitness identifications are not as reliable as once thought. As such, courts are struggling with how best to address these issues: through jury instructions, expert testimony, or though some other method. It has come to light that eyewitness identification issues once thought to be within the "ken" of the average juror are most certainly not, and are appropriate for some manner of court intervention. This book can be used in courses for the following degrees: paralegal, criminal justice, sociology, and political science. Forensic Evidence in Court is also appropriate for use in a legal specialty course. Assignments include case law research, study of rules of evidence, how to select and prepare an expert witness, comparison of legal tests used to admit forensic evidence, study of standards used to review admission of forensic experts on appeal, and written work demonstrating critical analysis. Any attorney can teach this course, using the Teacher's Manual and sample assignments. Adjuncts experienced in criminal law or extensive use of expert testimony are particularly well suited. Guest lecturers from state forensic laboratories and state law enforcement forensic investigators give added perspective.
Download or read book Criminal Evidence written by Matthew Lippman and published by SAGE Publications. This book was released on 2015-03-23 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise and comprehensive introduction to the law of evidence, Criminal Evidence takes an active learning approach to help readers apply evidence law to real-life cases. Bestselling author Matthew Lippman, a professor of criminal law and criminal procedure for over 25 years, creates an engaging and accessible experience for students from a public policy perspective through a multitude of contemporary examples and factual case scenarios that illustrate the application of the law of evidence. Highlighting the theme of a balancing of interests in the law of evidence, readers are asked to apply a more critical examination of the use of evidence in the judicial system. The structure of the criminal justice system and coverage of the criminal investigative process is also introduced to readers.
Download or read book The Dialogue Between Forensic Scientists Statisticians and Lawyers about Complex Scientific Issues for Court written by Sue Pope and published by Frontiers Media SA. This book was released on 2020-10-08 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eBook is a collection of articles from a Frontiers Research Topic. Frontiers Research Topics are very popular trademarks of the Frontiers Journals Series: they are collections of at least ten articles, all centered on a particular subject. With their unique mix of varied contributions from Original Research to Review Articles, Frontiers Research Topics unify the most influential researchers, the latest key findings and historical advances in a hot research area! Find out more on how to host your own Frontiers Research Topic or contribute to one as an author by contacting the Frontiers Editorial Office: frontiersin.org/about/contact.
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.
Download or read book Successful Expert Testimony written by Max M. Houck and published by CRC Press. This book was released on 2018-06-14 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major revision of the landmark book on expert testimony Feder’s Succeeding as an Expert Witness, Successful Expert Testimony, Fifth Edition highlights the book’s value to both attorneys and expert witnesses in promoting effective, impactful courtroom testimony. The book outlines the role of expert testimony in a trial, including explanations of methods, testing, and science, the legal process, and an overview of the roles of each player. Succeeding as an expert witness requires a basic understanding of who and what experts are and what role they play in rendering their opinions within the courts. The new edition has been fully updated to present key information on the most vital topics, including the deposition, a discussion of false or unsupported testimony, adherence to scientific principles, and direct and cross-examination testimony of expert witnesses. Each chapter includes key terms, review questions, and thought-provoking discussion questions for further consideration of the topics addressed. Given many high profile cases and increasing incidents of misconduct, this edition focuses heavily on the role of ethics in expert testimony and forensic practice. The full revised chapter on ethics, covers unethical conduct of forensic witnesses, admissibility of expert testimony, inter-professional relations, abuse of and by experts, and forensic professional codes of ethics. Offering useful career insights and established trial-tested tips, forensic scientist Max M. Houck and attorney Christine Funk update renowned lawyer Harold A. Feder’s classic book. Successful Expert Testimony, Fifth Edition serves as an ideal reference for forensic science students entering the work force—in labs and investigative positions—in addition to serving as a crucial resource for more experienced civil, private, and testifying experts in all disciplines.
Download or read book Analytical Approach To Evidence written by Ronald J. Allen and published by Aspen Publishing. This book was released on 2021-09-14 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: A problem-based Evidence coursebook that presents the Federal Rules of Evidence in context, illuminates the rules’ underlying theories and perspectives, and provides a fully updated and systematic account of the law in a student-friendly hornbook-style format. The material is accompanied with straightforward and systematic explanations. Lively discussion and interesting problems (rather than numerous appellate case excerpts) engage students in understanding the principles, policies, and debates that surround evidence law. The book also contains self-assessment sections in each chapter that teach students how to identify and resolve legal issues and succeed in the final exam. To sum up: this book stands out as “all in one”: it gives students of evidence an up-to-date comprehensive account of the law; it explains complex evidentiary issues in a straightforward and systematic fashion; and it also tells students what their exam will look like and how to succeed in it. New to the Seventh Edition: A new case file to introduce numerous evidence issues throughout the semester, with spin-off problems in each chapter. Updated doctrine, including application of evidence rules to electronic evidence and the online environment. Professors and students will benefit from: An opening case file introducing students to the process of analyzing evidence in terms of the essential elements of a legal dispute, serving as an effective introduction to much of the course to follow A wide range of real-world problems exposes students to the depth and complexity of the Rules of Evidence Every chapter addresses basic rules interpretation, essential policy, and connects theory to practice Assessment problems (modeled on exam questions) at the end of each chapter, including answers with explanations Teaching materials Include: Updated and streamlined Teacher’s Manual, including sample syllabi for both 4- and 3-credit courses, transition guide for each chapter, teaching guidance, and answers to all the problems in the book Problems Supplement that includes most problems deleted from prior editions
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 338 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.
