Expert evidence in criminal proceedings in England and Wales
Expert evidence in criminal proceedings in England and Wales

Author: Great Britain: Law Commission

Publisher: The Stationery Office

Published: 2011-03-22

Total Pages: 224

ISBN-13: 9780102971170

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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.

Expert Evidence and International Criminal Justice
Expert Evidence and International Criminal Justice

Author: Artur Appazov

Publisher: Springer

Published: 2016-01-09

Total Pages: 208

ISBN-13: 3319243403

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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.

Encyclopedia of Clinical Neuropsychology
Encyclopedia of Clinical Neuropsychology

Author: Jeffrey Kreutzer

Publisher: Springer Science & Business Media

Published: 2010-09-29

Total Pages: 0

ISBN-13: 0387799478

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Clinical neuropsychology is a rapidly evolving specialty whose practitioners serve patients with traumatic brain injury, stroke and other vascular impairments, brain tumors, epilepsy and nonepileptic seizure disorders, developmental disabilities, progressive neurological disorders, HIV- and AIDS-related disorders, and dementia. . Services include evaluation, treatment, and case consultation in child, adult, and the expanding geriatric population in medical and community settings. The clinical goal always is to restore and maximize cognitive and psychological functioning in an injured or compromised brain. Most neuropsychology reference books focus primarily on assessment and diagnosis, and to date none has been encyclopedic in format. Clinicians, patients, and family members recognize that evaluation and diagnosis is only a starting point for the treatment and recovery process. During the past decade there has been a proliferation of programs, both hospital- and clinic-based, that provide rehabilitation, treatment, and treatment planning services. This encyclopedia will serve as a unified, comprehensive reference for professionals involved in the diagnosis, evaluation, and rehabilitation of adult patients and children with neuropsychological disorders.

Expert Testimony
Expert Testimony

Author: Steven Lubet

Publisher: Aspen Publishing

Published: 2014-08-06

Total Pages: 206

ISBN-13: 1632814293

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It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them, Third Edition as your guide. Elizabeth Boals and Steve Lubet coauthored the Third Edition of Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them expanding and amplifying the original book with: New guidance on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery, Updated analysis of the Federal Rules of Evidence and Federal Rules of Civil Procedure, Updated discussion of the ethical rules governing expert retention and testimony, Examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning, Checklists for quick reference. The collaborative effort of Professors Lubet and Boals has resulted in a Third Edition that is worthwhile to both the expert witnesses and the lawyers who examine them.

Forensic Testimony
Forensic Testimony

Author: C. Michael Bowers

Publisher: Academic Press

Published: 2013-09-07

Total Pages: 297

ISBN-13: 0123972604

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Forensic Testimony: Science, Law and Expert Evidence—favored with an Honorable Mention in Law & Legal Studies at the Association of American Publishers' 2015 PROSE Awards—provides a clear and intuitive discussion of the legal presentation of expert testimony. The book delves into the effects, processes, and battles that occur in the presentation of opinion and scientific evidence by court-accepted forensic experts. It provides a timely review of the United States Federal Rules of Evidence (FRE) regarding expert testimony, and includes a multi-disciplinary look at the strengths and weaknesses in forensic science courtroom testimony. The statutes and the effects of judicial uses (or non-use) of the FRE, Daubert, Kumho, and the 2009 NAS Report on Forensic Science are also included. The presentation expands to study case law, legal opinions, and studies on the reliability and pitfalls of forensic expertise in the US court system. This book is an essential reference for anyone preparing to give expert testimony of forensic evidence. - Honorable Mention in the 2015 PROSE Awards in Law & Legal Studies from the Association of American Publishers - A multi-disciplinary forensic reference examining the strengths and weaknesses of forensic science in courtroom testimony - Focuses on forensic testimony and judicial decisions in light of the Federal Rules of Evidence, case interpretations, and the NAS report findings - Case studies, some from the Innocence Project, assist the reader in distinguishing good testimony from bad

Scientific and Expert Evidence
Scientific and Expert Evidence

Author: John M. Conley

Publisher: Aspen Publishing

Published: 2020-09-14

Total Pages: 614

ISBN-13: 1543819621

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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 Evidenceprovides 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.

Expert Evidence and Scientific Proof in Criminal Trials
Expert Evidence and Scientific Proof in Criminal Trials

Author: Paul Roberts

Publisher: Routledge

Published: 2017-07-05

Total Pages: 398

ISBN-13: 135156739X

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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 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.

The A-Z Guide to Expert Witnessing
The A-Z Guide to Expert Witnessing

Author: Steven Babitsky

Publisher: SEAK, Incorporated

Published: 2006-01-01

Total Pages: 626

ISBN-13: 9781892904294

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The A to Z Guide to Expert Witnessing is the comprehensive work on expert witnessing. The topics covered include civil procedure, evidence, quali?cations, CV writing, forming and expressing opinions, report writing, testifying skills, marketing, fee setting, billing, collections, ethics, privileges, discovery, avoiding abuse and much more. It features 24 concisely written chapters, 26 appendices, hundreds of examples with easy to read summary head notes, priceless practice pointers and a detailed index. You will learn: * How to best connect with and persuade a jury * How to market yourself professionally and cost-effectively * Premium fee-setting, billing and collection techniques * Relevant rules of civil procedure and evidence, Testifying skills * Expert witness risk management, How to handle abuse by attorneys * How to maintain high ethical standards * How to bullet-proof your CV and written reports * How to meet challenges under Daubert * The limits of discovery and privilege * and much, much more Features: In the appendices you'll ?nd invaluable resources, which include: *A compendium of expert witness referral organizations, *A list of online and print directories, *A list of legal journals and other publications, *A list of forensic organizations, *A list of bar associations and other legal associations, *Model expert fee schedules, *Model fee agreements, *Model bills, and *A fee survey: what other experts are charging for their time

Strengthening Forensic Science in the United States
Strengthening Forensic Science in the United States

Author: National Research Council

Publisher: National Academies Press

Published: 2009-07-29

Total Pages: 348

ISBN-13: 0309142393

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Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.