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Author: Emma Jane Shaw Publisher: ISBN: Category : Languages : en Pages : 220
Book Description
The aim of this thesis is to address, by analysis, the issue of the effectiveness of the threshold tests of admissibility as a reliability assessment for scientific evidence. The focus will be on the question of reliability of the evidence proffered with limited discussion concerning the reliability of the experts themselves. In respect to the threshold test of admissibility, the main thrust of the argument will be directed to the admissibility of the evidence itself, since this component is subject to the greater degree of uncertainty and unreliability. The qualifications of the expert to give the scientific evidence in question, will receive limited mention in the discussion, although it forms part of the threshold test.
Author: Emma Jane Shaw Publisher: ISBN: Category : Languages : en Pages : 220
Book Description
The aim of this thesis is to address, by analysis, the issue of the effectiveness of the threshold tests of admissibility as a reliability assessment for scientific evidence. The focus will be on the question of reliability of the evidence proffered with limited discussion concerning the reliability of the experts themselves. In respect to the threshold test of admissibility, the main thrust of the argument will be directed to the admissibility of the evidence itself, since this component is subject to the greater degree of uncertainty and unreliability. The qualifications of the expert to give the scientific evidence in question, will receive limited mention in the discussion, although it forms part of the threshold test.
Author: Great Britain: Law Commission Publisher: The Stationery Office ISBN: 9780102971170 Category : Law Languages : en Pages : 224
Book Description
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.
Author: Cynthia H. Cwik Publisher: American Bar Association ISBN: 9781614389972 Category : Admissible evidence Languages : en Pages : 0
Book Description
An overview on United States Supreme Court decisions regarding expert admissibility issues. Focuses on state and federal court expert evidence issues. Circuit by circuit chapters are written by experienced attorneys with knowledge of expert evidence rules application in their specific jurisdictions. Included is an examination of the National Research Council's 2009 report about the scientific foundation underlying forensic testimony and an article about factors to take into account when selecting an expert.
Author: National Research Council Publisher: National Academies Press ISBN: 0309134404 Category : Science Languages : en Pages : 270
Book Description
In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.
Author: National Research Council Publisher: National Academies Press ISBN: 0309045878 Category : Science Languages : en Pages : 199
Book Description
Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.
Author: National Research Council Publisher: National Academies Press ISBN: 0309310628 Category : Law Languages : en Pages : 212
Book Description
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.
Author: S. Lucina Hackman Publisher: CRC Press ISBN: 1498705707 Category : Law Languages : en Pages : 162
Book Description
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.
Author: Emma Jane Shaw
Author: Emma Jane Shaw
Author: 
Author: Great Britain: Law Commission
Author: Cynthia H. Cwik
Author: National Research Council
Author: Rob Robinson
Author: National Research Council
Author: Robert A. Barker
Author: National Research Council
Author: S. Lucina Hackman