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The Judicial Assessment Of Expert Evidence

Author: Déirdre Dwyer
Publisher: Cambridge University Press
ISBN: 052150970X
Size: 28.52 MB
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Deirdre Dwyer examines how a court can decide when to accept an expert's opinion, focusing on English civil justice.

Expert Evidence And International Criminal Justice

Author: Artur Appazov
Publisher: Springer
ISBN: 3319243403
Size: 66.47 MB
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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.

American Legal Injustice

Author: Emanuel Tanay
Publisher: Jason Aronson
ISBN: 0765707764
Size: 21.36 MB
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Forensic psychiatrist Emanuel Tanay has testified in thousands of court cases as an expert witness. Tanay provides a 'behind-the-scenes' view of our criminal justice system and clear examples of the rampant injustice that he has witnessed. He argues that the potential for injustice is built into our legal system in the form of incompetent lawyers, the imbalance of resources between the pricey defense lawyers hired by large corporations in civil trials and the inexperienced lawyers often hired by plaintiffs, and the political concerns of elected judges and prosecutors.

A Convergence Of Science And Law

Author: National Research Council
Publisher: National Academies Press
ISBN: 9780309183444
Size: 64.30 MB
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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.

The Role And Extent Of A Proportionality Analysis In The Judicial Assessment Of Human Rights Limitations Within International Criminal Proceedings

Author: Nicolas A.J. Croquet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004231412
Size: 34.20 MB
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The aim of this monograph is to analyze how international criminal courts /tribunals have resorted to proportionality and other limitation techniques when placing external limits upon the exercise of substantive and procedural human rights triggered by international criminal proceedings.

The Global Practice Of Forensic Science

Author: Douglas H. Ubelaker
Publisher: John Wiley & Sons
ISBN: 1118724232
Size: 21.14 MB
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The Global Practice of Forensic Science presents histories, issues, patterns, and diversity in the applications of international forensic science. Written by 64 experienced and internationally recognized forensic scientists, the volume documents the practice of forensic science in 28 countries from Africa, the Americas, Asia, Australia and Europe. Each country’s chapter explores factors of political history, academic linkages, the influence of individual cases, facility development, types of cases examined, integration within forensic science, recruitment, training, funding, certification, accreditation, quality control, technology, disaster preparedness, legal issues, research and future directions. Aimed at all scholars interested in international forensic science, the volume provides detail on the diverse fields within forensic science and their applications around the world.

Statistical Science In The Courtroom

Author: Joseph L. Gastwirth
Publisher: Springer Science & Business Media
ISBN: 1461212162
Size: 54.48 MB
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Expert testimony relying on scientific and other specialized evidence has come under increased scrutiny by the legal system. A trilogy of recent U.S. Supreme Court cases has assigned judges the task of assessing the relevance and reliability of proposed expert testimony. In conjunction with the Federal judiciary, the American Association for the Advancement of Science has initiated a project to provide judges indicating a need with their own expert. This concern with the proper interpretation of scientific evidence, especially that of a probabilistic nature, has also occurred in England, Australia and in several European countries. Statistical Science in the Courtroom is a collection of articles written by statisticians and legal scholars who have been concerned with problems arising in the use of statistical evidence. A number of articles describe DNA evidence and the difficulties of properly calculating the probability that a random individual's profile would "match" that of the evidence as well as the proper way to intrepret the result. In addition to the technical issues, several authors tell about their experiences in court. A few have become disenchanted with their involvement and describe the events that led them to devote less time to this application. Other articles describe the role of statistical evidence in cases concerning discrimination against minorities, product liability, environmental regulation, the appropriateness and fairness of sentences and how being involved in legal statistics has raised interesting statistical problems requiring further research.

The Three Paths Of Justice

Author: Neil Andrews
Publisher: Springer Science & Business Media
ISBN: 9789400722941
Size: 80.31 MB
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This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

African Asylum At A Crossroads

Author: Iris Berger
Publisher: Ohio University Press
ISBN: 0821445189
Size: 66.43 MB
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African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony. Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate. Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.