Download or read book The Judicial Assessment of Expert Evidence written by Déirdre Dwyer and published by Cambridge University Press. This book was released on 2008-12-18 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deirdre Dwyer examines how a court can decide when to accept an expert's opinion, focusing on English civil justice.
Download or read book The Judicial Assessment of Expert Evidence written by and published by . This book was released on 2008 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Expert Evidence and International Criminal Justice written by Artur Appazov and published by Springer. This book was released on 2016-01-09 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Evolving Role of Statistical Assessments as Evidence in the Courts written by Stephen E. Fienberg and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Convergence of Science and Law written by Policy and Global Affairs and published by National Academies Press. This book was released on 2001-08-01 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report is a summary of the first meeting of the Science, Technology, and Law Panel. The Policy Division of the National Research Council established the panel to bring the science and engineering community and the legal community together on a regular basis to explore pressing issues, to improve communication, and to help resolve such issues between these communities.
Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State of The Art Defense and Judicial Assessment of Scientific Evidence written by Pablo Salvador-Coderch and published by . This book was released on 2009 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: In deciding whether the state-of-the-art defense applies to a products liability claim, courts must preliminarily assess whether the expert witnesses chosen by each party or appointed by the court itself have presented good scientific evidence or not.Are there general or specific (meta)scientific standards to reasonably ground this assessment? In other terms, what does good science mean in the field of products liability and torts?The inherited wisdom was enshrined in Frye v. United States, 293 F. 1013.C.Cir. 1923, a case decided in 1923, which resorted to the so-called general acceptance rule. Fifteen years ago, a fruitful discussion was launched by the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. 509 U.S. 579 (1993) and it still goes on. The reasons and answers offered along this discussion are rich and worth reading: publications in peer reviewed periodicals, tough testing of empirical hypotheses, admitting risky or even daring hypotheses but requiring them to be empirically tested, and rejecting non falsifiable theses seem to be, at least so far, workable but not binding guidelines for this task. Nevertheless, the demarcation boundaries between good science and junk science are still muddled because what they actually entail is an unended quest, as Karl Popper famously wrote.
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 Law for the Expert Witness written by Daniel A. Bronstein and published by CRC Press. This book was released on 2011-12-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, Law for the Expert Witness, Fourth Edition is designed for professionals and students requiring edification on the current processes and techniques of legal procedure.Drawn from revised versions of the readings as
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 Science and the Precautionary Principle in International Courts and Tribunals written by Caroline E. Foster and published by Cambridge University Press. This book was released on 2011-03-24 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Essays in Conveyancing and Property Law in Honour of Professor Robert Rennie written by Frankie McCarthy and published by Open Book Publishers. This book was released on 2015-05-11 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics.
Download or read book Expert Witnessing written by Carl Meyer and published by CRC Press. This book was released on 1998-12-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Communication problems between science and the courts are widely deplored and sometimes exploited by a variety of groups. The U.S. Supreme Court has twice tightened the law of evidence to control the flow of information, but amazingly little has been written to analyze the nature of the problem and reduce the barriers. Expert Witnesses: Explaining and Understanding Science results from the first-hand experience of the contributors-who include scientists, expert witnesses, litigators, and a judge-that the cultural and interdisciplinary communications barriers between science and the law can be greatly reduced to everybody's advantage if the parties understand and respect each other's needs and positions.
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 Identifying the Culprit written by National Research Council and published by National Academies Press. This book was released on 2015-01-16 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifying the Culprit: Assessing Eyewitness Identification makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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:
