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The Judicial Assessment Of Expert Evidence

Author: Déirdre Dwyer
Publisher: Cambridge University Press
ISBN: 052150970X
Size: 35.26 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.

Forensic Testimony

Author: C. Michael Bowers
Publisher: Academic Press
ISBN: 0123972604
Size: 43.74 MB
Format: PDF
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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

Expert Evidence And International Criminal Justice

Author: Artur Appazov
Publisher: Springer
ISBN: 3319243403
Size: 30.58 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.

A Convergence Of Science And Law

Author: National Research Council
Publisher: National Academies Press
ISBN: 9780309183444
Size: 20.84 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.

American Legal Injustice

Author: Emanuel Tanay
Publisher: Jason Aronson
ISBN: 0765707764
Size: 14.51 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.

Expert Evidence In Criminal Proceedings In England And Wales

Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780102971170
Size: 41.66 MB
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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.

African Asylum At A Crossroads

Author: Iris Berger
Publisher: Ohio University Press
ISBN: 0821445189
Size: 39.24 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.

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: 34.26 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 Three Paths Of Justice

Author: Neil Andrews
Publisher: Springer Science & Business Media
ISBN: 9789400722941
Size: 42.35 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.