Expert Evidence and International Criminal Justice

Expert Evidence and International Criminal Justice

Author: Artur Appazov

Publisher: Springer

Published: 2016-01-09

Total Pages: 199

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.


Book Synopsis Expert Evidence and International Criminal Justice by : Artur Appazov

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 199 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.

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.


Book Synopsis Expert evidence in criminal proceedings in England and Wales by : Great Britain: Law Commission

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.

Expert Evidence in the Criminal Justice Process

Expert Evidence in the Criminal Justice Process

Author: Lirieka Meintjes-van der Walt

Publisher: Purdue University Press

Published: 2001

Total Pages: 0

ISBN-13: 9789051705287

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There is an increasing trend towards greater use of and reliance on expertise to provide the necessary evidence in the fight against crime. Certain forms of expert evidence can be important and powerful tools in crime detection and proof. At the same time expert evidence can be so persuasive that the incorrect use of such evidence could lead to miscarriages of justice. At the interface between criminal justice systems and expert evidence lies the imperative to deal appropriately with expert evidence within a human rights framework. This study shows how three different countries, England and Wales, the Netherlands and South Africa, while upholding different legal traditions, often face similar problems in the realm of expert evidence. These include the often contradictory expectations of law and science respectively, the difficulties associated with the assessment and evaluation of the probative value of expert evidence as well as the problems associated with the integration of expert evidence in the criminal justice process. In the quest for answers to these questions, the author compares the 'hybrid' criminal justice system of South Africa with the 'adversarial' system found in England and Wales and the 'inquisitional' system in the Netherlands. Beginning with an examination of the meaning and nature of expert evidence, the investigation traces the role of expert evidence in pre-trial proceedings; procedural aspects of expert evidence during trial; the ability to challenge expert evidence and culminates with the dilemma of gauging the probative value of the evidence. This book contributes to the international debate about expert evidence. It is a worthy source for lawyers and judges in South Africa, the Netherlands and England and Wales.


Book Synopsis Expert Evidence in the Criminal Justice Process by : Lirieka Meintjes-van der Walt

Download or read book Expert Evidence in the Criminal Justice Process written by Lirieka Meintjes-van der Walt and published by Purdue University Press. This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an increasing trend towards greater use of and reliance on expertise to provide the necessary evidence in the fight against crime. Certain forms of expert evidence can be important and powerful tools in crime detection and proof. At the same time expert evidence can be so persuasive that the incorrect use of such evidence could lead to miscarriages of justice. At the interface between criminal justice systems and expert evidence lies the imperative to deal appropriately with expert evidence within a human rights framework. This study shows how three different countries, England and Wales, the Netherlands and South Africa, while upholding different legal traditions, often face similar problems in the realm of expert evidence. These include the often contradictory expectations of law and science respectively, the difficulties associated with the assessment and evaluation of the probative value of expert evidence as well as the problems associated with the integration of expert evidence in the criminal justice process. In the quest for answers to these questions, the author compares the 'hybrid' criminal justice system of South Africa with the 'adversarial' system found in England and Wales and the 'inquisitional' system in the Netherlands. Beginning with an examination of the meaning and nature of expert evidence, the investigation traces the role of expert evidence in pre-trial proceedings; procedural aspects of expert evidence during trial; the ability to challenge expert evidence and culminates with the dilemma of gauging the probative value of the evidence. This book contributes to the international debate about expert evidence. It is a worthy source for lawyers and judges in South Africa, the Netherlands and England and Wales.

Expert Evidence Compared

Expert Evidence Compared

Author: Petra T. C. Kampen

Publisher:

Published: 1998

Total Pages: 446

ISBN-13:

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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.


Book Synopsis Expert Evidence Compared by : Petra T. C. Kampen

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.

Expert Witnesses

Expert Witnesses

Author: Patrick R. Anderson

Publisher: SUNY Press

Published: 1987-01-01

Total Pages: 262

ISBN-13: 9780887064487

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For the first time a book documents the judicial system's new dependence on social science testimony, especially that rendered by sociologists and criminologists. In Expert Witnesses contributors show that unlike traditional forensics testimony, the intrusion of social science data into judicial decision-making has relatively recent origins. It details the uses and abuses of social science experts, and the ethical and pragmatic concerns raised by their testimony. This timely collection will appeal to a diverse audience, including attorneys, judges, and students of judicial proceedings. Included in this volume are historical examinations of the expert witnessing phenomenon, the legal, social, and ethical debates regarding the appropriate role of such witnesses, and anecdotal descriptions by eminent social science experts. The authors address such pragmatic issues as an attorney's perspective on finding the most appropriate expert or formulating the "best" questions to ask in court, and an expert's perspective on getting aid or terminating a nonworking attorney-expert relationship.


Book Synopsis Expert Witnesses by : Patrick R. Anderson

Download or read book Expert Witnesses written by Patrick R. Anderson and published by SUNY Press. This book was released on 1987-01-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time a book documents the judicial system's new dependence on social science testimony, especially that rendered by sociologists and criminologists. In Expert Witnesses contributors show that unlike traditional forensics testimony, the intrusion of social science data into judicial decision-making has relatively recent origins. It details the uses and abuses of social science experts, and the ethical and pragmatic concerns raised by their testimony. This timely collection will appeal to a diverse audience, including attorneys, judges, and students of judicial proceedings. Included in this volume are historical examinations of the expert witnessing phenomenon, the legal, social, and ethical debates regarding the appropriate role of such witnesses, and anecdotal descriptions by eminent social science experts. The authors address such pragmatic issues as an attorney's perspective on finding the most appropriate expert or formulating the "best" questions to ask in court, and an expert's perspective on getting aid or terminating a nonworking attorney-expert relationship.

Expert Evidence and Criminal Justice

Expert Evidence and Criminal Justice

Author: Mike Redmayne

Publisher: Oxford University Press on Demand

Published: 2001

Total Pages: 223

ISBN-13: 9780198267805

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As an increasing range of expert evidence becomes available to it, the criminal justice system must answer a series of challenging questions: should experts be permitted to give evidence on the credibility of witnesses? How should statistical evidence be presented to juries? What relevancedoes syndrome evidence have to questions of criminal responsibility? In `Expert Evidence and Criminal Justice', Mike Redmayne explores these issues. His exposition utilizes work in a number of disciplines, and draws comparisons with the law and procedure in several different jurisdictions. Whiledeveloping a general overview of the use of scientific evidence in the criminal process, Redmayne makes use of detailed examinations of particular issues, such as battered women syndrome, fingerprinting, and eyewitness expertise. Through an analysis of expert evidence, he also invites reflection ona series of wider issues, among them the function of exclusionary rules and the nature of case construction.


Book Synopsis Expert Evidence and Criminal Justice by : Mike Redmayne

Download or read book Expert Evidence and Criminal Justice written by Mike Redmayne and published by Oxford University Press on Demand. This book was released on 2001 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: As an increasing range of expert evidence becomes available to it, the criminal justice system must answer a series of challenging questions: should experts be permitted to give evidence on the credibility of witnesses? How should statistical evidence be presented to juries? What relevancedoes syndrome evidence have to questions of criminal responsibility? In `Expert Evidence and Criminal Justice', Mike Redmayne explores these issues. His exposition utilizes work in a number of disciplines, and draws comparisons with the law and procedure in several different jurisdictions. Whiledeveloping a general overview of the use of scientific evidence in the criminal process, Redmayne makes use of detailed examinations of particular issues, such as battered women syndrome, fingerprinting, and eyewitness expertise. Through an analysis of expert evidence, he also invites reflection ona series of wider issues, among them the function of exclusionary rules and the nature of case construction.

The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK

The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK

Author: S. Lucina Hackman

Publisher: CRC Press

Published: 2019-04-24

Total Pages: 126

ISBN-13: 131535439X

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The global nature of crime often requires expert witnesses to work and present their conclusions in courts outside their home jurisdiction with the corresponding need for them to have an understanding of the different structures and systems operating in other jurisdictions. This book will be a resource for UK professionals, as well as those from overseas testifying internationally, as to the workings of all UK jurisdictions. It also will help researchers and students to better understand the UK legal system.


Book Synopsis The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK by : S. Lucina Hackman

Download or read book The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK written by S. Lucina Hackman and published by CRC Press. This book was released on 2019-04-24 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global nature of crime often requires expert witnesses to work and present their conclusions in courts outside their home jurisdiction with the corresponding need for them to have an understanding of the different structures and systems operating in other jurisdictions. This book will be a resource for UK professionals, as well as those from overseas testifying internationally, as to the workings of all UK jurisdictions. It also will help researchers and students to better understand the UK legal system.

Forensic Science Evidence and Expert Witness Testimony

Forensic Science Evidence and Expert Witness Testimony

Author: Paul Roberts

Publisher: Edward Elgar Publishing

Published: 2018-11-30

Total Pages: 464

ISBN-13: 1788111036

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Forensic science evidence plays a pivotal role in modern criminal proceedings. Yet such evidence poses intense practical and theoretical challenges. It can be unreliable or misleading and has been associated with miscarriages of justice. In this original and insightful book, a global team of prominent scholars and practitioners explore the contemporary challenges of forensic science evidence and expert witness testimony from a variety of theoretical, practical and jurisdictional perspectives. Chapters encompass the institutional organisation of forensic science, its procedural regulation, evaluation and reform, and brim with comparative insight.


Book Synopsis Forensic Science Evidence and Expert Witness Testimony by : Paul Roberts

Download or read book Forensic Science Evidence and Expert Witness Testimony written by Paul Roberts and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forensic science evidence plays a pivotal role in modern criminal proceedings. Yet such evidence poses intense practical and theoretical challenges. It can be unreliable or misleading and has been associated with miscarriages of justice. In this original and insightful book, a global team of prominent scholars and practitioners explore the contemporary challenges of forensic science evidence and expert witness testimony from a variety of theoretical, practical and jurisdictional perspectives. Chapters encompass the institutional organisation of forensic science, its procedural regulation, evaluation and reform, and brim with comparative insight.

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: 558

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.


Book Synopsis Expert Evidence and Scientific Proof in Criminal Trials by : Paul Roberts

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 558 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.

Criminal Evidence

Criminal Evidence

Author: Derek Regensburger

Publisher: Aspen Publishing

Published: 2019-02-27

Total Pages: 813

ISBN-13: 1543809979

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With lucid text, four-color illustrations, and abundant examples, Criminal Evidence: From Crime Scene to Courtroom, Second Edition, follows the path of evidence throughout the criminal justice process. Derek Regensburger offers a clear introduction to the principles of evidence and instructions for collecting, preserving, and presenting evidence in a criminal case. Actual trials and news excerpts bring the material to life as they illustrate the role of evidence in real cases. Online videos of mock trial scenes reinforce students’ understanding of key concepts covered in the book. New to the Second Edition: Federal Rules of Evidence—updated to reflect the restyling that took place at the end of 2011 Reordered chapters that better accommodate the discussion of terminology and the criminal justice process Discussion of the reliability of forensic evidence has been given its own chapter and updated with the most recent studies and cases, including a 2016 report on the issue authored by the President’s Council on Science and Technology Coverage of the authentication of social media posts has been greatly expanded and treated separately Discussion of expert testimony reflects recent changes such as increased acceptance of the Daubert standard for admission Evidence in Action articles have been updated and expanded to feature recent events, including the George Zimmerman trial and the Bill Cosby sexual assault trial New and expanded discussions of preemptory challenges and Kentucky v. Batson; appeal of right, ineffective assistance of counsel, habeas corpus petitions; Biggers factors and eyewitness identifications; subpoena duces tecum; grand jury subpoenas; the validity of hair comparison analysis and bite mark identification; same-sex marriage and spousal privilege; health records of a crime victim; admissibility of statements made by young children to teachers Professors and students will benefit from: Straightforward text that follows the evidence from collection to trial Accessible three-part organization I. The Collection and Preservation of Evidence II. Pretrial Matters III. Admissibility of Evidence Four-color photographs and exhibits that illustrate evidentiary concepts Evidence in Action, observed in real trials and news excerpts Practical examples that apply legal concepts through hypothetical scenarios Review questions and application problems at the end of each chapter that test students’ mastery of the material Short mock trial scenes on the companion website that illustrate key concepts discussed in the text


Book Synopsis Criminal Evidence by : Derek Regensburger

Download or read book Criminal Evidence written by Derek Regensburger and published by Aspen Publishing. This book was released on 2019-02-27 with total page 813 pages. Available in PDF, EPUB and Kindle. Book excerpt: With lucid text, four-color illustrations, and abundant examples, Criminal Evidence: From Crime Scene to Courtroom, Second Edition, follows the path of evidence throughout the criminal justice process. Derek Regensburger offers a clear introduction to the principles of evidence and instructions for collecting, preserving, and presenting evidence in a criminal case. Actual trials and news excerpts bring the material to life as they illustrate the role of evidence in real cases. Online videos of mock trial scenes reinforce students’ understanding of key concepts covered in the book. New to the Second Edition: Federal Rules of Evidence—updated to reflect the restyling that took place at the end of 2011 Reordered chapters that better accommodate the discussion of terminology and the criminal justice process Discussion of the reliability of forensic evidence has been given its own chapter and updated with the most recent studies and cases, including a 2016 report on the issue authored by the President’s Council on Science and Technology Coverage of the authentication of social media posts has been greatly expanded and treated separately Discussion of expert testimony reflects recent changes such as increased acceptance of the Daubert standard for admission Evidence in Action articles have been updated and expanded to feature recent events, including the George Zimmerman trial and the Bill Cosby sexual assault trial New and expanded discussions of preemptory challenges and Kentucky v. Batson; appeal of right, ineffective assistance of counsel, habeas corpus petitions; Biggers factors and eyewitness identifications; subpoena duces tecum; grand jury subpoenas; the validity of hair comparison analysis and bite mark identification; same-sex marriage and spousal privilege; health records of a crime victim; admissibility of statements made by young children to teachers Professors and students will benefit from: Straightforward text that follows the evidence from collection to trial Accessible three-part organization I. The Collection and Preservation of Evidence II. Pretrial Matters III. Admissibility of Evidence Four-color photographs and exhibits that illustrate evidentiary concepts Evidence in Action, observed in real trials and news excerpts Practical examples that apply legal concepts through hypothetical scenarios Review questions and application problems at the end of each chapter that test students’ mastery of the material Short mock trial scenes on the companion website that illustrate key concepts discussed in the text