Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks 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

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.

Psychological science now reveals much about the law's response to crime. This is the first text to bridge both fields as it presents psychological research and theory relevant to each phase of criminal justice processes. The materials are divided into three parts that follow a comprehensive introduction. The introduction analyses the major legal themes and values that guide criminal justice processes and points to the many psychological issues they raise. Part I examines how the legal system investigates and apprehends criminal suspects. Topics range from the identification, searching and seizing to the questioning of suspects. Part II focuses on how the legal system establishes guilt. To do so, it centres on the process of bargaining and pleading cases, assembling juries, providing expert witnesses, and considering defendants' mental states. Part III focuses on the disposition of cases. Namely, that part highlights the process of sentencing defendants, predicting criminal tendencies, treating and controlling offenders, and determining eligibility for such extreme punishments as the death penalty. The format seeks to give readers a feeling for the entire criminal justice process and for the role psychological science has and can play in it.

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.

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.

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.

Deirdre Dwyer examines how a court can decide when to accept an expert's opinion, focusing on English civil justice.

The law governing the admissibility of expert evidence in criminal trials is unsatisfactory. If the reliability of expert evidence is in question, there are no clear guide lines for determining whether or not it is sufficiently trustworthy to be considered by the jury. This title makes provisional proposals for reform.

The federal courts are seeking ways to increase the ability of judges to deal with difficult issues of scientific expert testimony. The workshop explored the new environment judges, plaintiffs, defendants, and experts face in light of "Daubert" and "Kumho," when presenting and evaluating scientific, engineering, and medical evidence.

This book examines scientific evidence in both civil and criminal contexts.