Expert Evidence and Criminal Trial Procedure

Roberts, Paul

doi:10.1007/978-1-4614-5690-2_230

Cited by 1 publication

(2 citation statements)

References 12 publications

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“…A generic approach does, however, entail that the rules are written at a fairly high level of abstraction, often requiring significant interpretational effort to apply them to the instant case. On first principles [31][32][33] expert testimony adduced in criminal trials must be both (i) relevant to a live fact in issue (i.e. 'material' to the proceedings); and (ii) not otherwise excluded by an applicable generic 10 or expertise-specific exclusionary rule.…”

Section: Legal Jurisdictionmentioning

confidence: 99%

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Paradigms of forensic science and legal process: a critical diagnosis

Roberts

2015

Phil. Trans. R. Soc. B

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One contribution of 15 to a discussion meeting issue 'The paradigm shift for UK forensic science'. This article reconsiders the relationship between criminal adjudication and forensic expertise in the light of 'new paradigms' of forensic practice and recent law reform. It briefly summarizes conventional wisdom on the typical shortcomings of forensic science and other expert evidence, as a springboard for a more searching critical diagnosis of longstanding maladies. The fundamentally jurisdictional nature of law is emphasized, and some implications for expert testimony noted. English law's traditionally adversarial model of criminal procedure is then reassessed, taking account of a proper understanding of its normative structure and modern development, and drawing on comparative legal research and theorizing to obtain a more rounded second opinion. In conclusion, some avenues for intelligent prescription are canvassed, highlighting the importance of promoting and facilitating effective communication between experts, lawyers and courts, and prioritizing modest practical remedies over radical surgery.

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Section: Legal Jurisdictionmentioning

confidence: 99%

“…On first principles [31][32][33] expert testimony adduced in criminal trials must be both (i) relevant to a live fact in issue (i.e. 'material' to the proceedings); and (ii) not otherwise excluded by an applicable generic 10 or expertise-specific exclusionary rule.…”

Section: Legal Jurisdictionmentioning

confidence: 99%

Paradigms of forensic science and legal process: a critical diagnosis

Roberts

2015

Phil. Trans. R. Soc. B

Self Cite

View full text Add to dashboard Cite

show abstract

Expert Evidence and Criminal Trial Procedure

Cited by 1 publication

References 12 publications

Paradigms of forensic science and legal process: a critical diagnosis

Paradigms of forensic science and legal process: a critical diagnosis

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