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The Admissibility of Expert Evidence: (2) The Rule in R. v. Turner

MIKE REDMAYNE

in Expert Evidence and Criminal Justice

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198267805
eISBN:
9780191714856
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267805.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter examines the exclusionary rule in R. v. Turner. It shows that the Turner rule works well in keeping bad expert evidence out of courts. It adds that the Turner rule does not encourage ... More


Expert Evidence and Criminal Justice

Mike Redmayne

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198267805
eISBN:
9780191714856
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267805.001.0001
Subject:
Law, Criminal Law and Criminology

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 ... More


Delay in Complaint

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0005
Subject:
Law, Criminal Law and Criminology

In most delayed CSA prosecutions, the complainant will have delayed in making her complaint, or bringing it to the attention of the authorities. There have been recent legislative and judicial ... More


The Admissibility of Expert Evidence: (1) Evidentiary Reliability

MIKE REDMAYNE

in Expert Evidence and Criminal Justice

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198267805
eISBN:
9780191714856
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267805.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines the rules of evidence governing the admissibility of expert evidence in criminal trials, focusing on the ways in which English evidence law does, or might, set reliability ... More


Recovered Memory

Penney Lewis

in Delayed Prosecution for Childhood Sexual Abuse

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199282289
eISBN:
9780191705441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282289.003.0007
Subject:
Law, Criminal Law and Criminology

The judicial approaches to the admission of recovered memories of CSA in criminal prosecutions fall into three models. First, using the law of expert evidence, all such testimony is excluded as the ... More


The Role of the Expert under CPR Pt 35

Déirdre Dwyer

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0016
Subject:
Law, Constitutional and Administrative Law

This chapter considers how the authors of CPR Pt 35 sought to address the key issues that Access to Justice had identified in relation to expert evidence, in particular through the definition of the ... More


Illuminating or Blurring the Truth: 1 Jurors, Juries, and Expert Evidence

Judith Fordham

in Law and Psychology: Current Legal Issues Volume 9

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199211395
eISBN:
9780191695803
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211395.003.0020
Subject:
Law, Philosophy of Law

The jury is central to the Australian criminal justice system. In spite of this, little research has been undertaken with real juries into how they process evidence and make decisions based upon it. ... More


Introduction

MIKE REDMAYNE

in Expert Evidence and Criminal Justice

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198267805
eISBN:
9780191714856
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267805.003.0001
Subject:
Law, Criminal Law and Criminology

This introductory chapter presents the main focus of the book, which is the use of expert evidence in the criminal process. It explains that expert evidence presents a number of challenges to the ... More


Managing Uncertainty in Forensic and Expert Evidence Cases

Carolyn Hoyle and Mai Sato

in Reasons to Doubt: Wrongful Convictions and the Criminal Cases Review Commission

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198794578
eISBN:
9780191836022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198794578.003.0007
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines issues arising from cases that turn on forensic and expert evidence, focusing on how the Criminal Cases Review Commission investigates such applications and makes its decisions. ... More


TRANSPARENCY AND EXPERT EVIDENCE IN MASS TORTS: INSIGHT FROM SILICA LITIGATION

Lloyd Dixon and Stephen Carroll

in Confidentiality, Transparency, and the U.S. Civil Justice System

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199914333
eISBN:
9780199980185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199914333.003.0007
Subject:
Law, Constitutional and Administrative Law

Reliable expert evidence is critical to the performance of the civil justice system. A major sea change in the treatment of expert evidence occurred with the Daubert decision in 1993. While research ... More


Experts and Woolf: Have Things Got Better?

Robin Jacob

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0015
Subject:
Law, Constitutional and Administrative Law

Expert evidence forms a key part of the resolution of many legal disputes, both civil and criminal. This chapter examines possible reasons for why the quality of expert evidence has improved since ... More


The Judicial Determination of Relevant Facts, Speech to the Sixth Committee of the General Assembly, 2 November 2007

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0110
Subject:
Law, Public International Law

This chapter discusses the judicial determination of relevant facts. Occasionally, the International Court of Justice finds itself faced with issues of pure law. Rather more frequently, the Court is ... More


A Revolution in Forensic Science?

in Truth Machine: The Contentious History of DNA Fingerprinting

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226498065
eISBN:
9780226498089
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226498089.003.0001
Subject:
History, History of Science, Technology, and Medicine

This introductory chapter discusses the theme of this book, which is about the scientific revolution in forensic science. The book traces how forensic DNA testing attained such extraordinary status, ... More


Admissibility, Controversy, and Judicial Metascience

in Truth Machine: The Contentious History of DNA Fingerprinting

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226498065
eISBN:
9780226498089
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226498089.003.0004
Subject:
History, History of Science, Technology, and Medicine

This chapter summarizes key U.S. federal legal decisions about the admissibility of expert evidence. It analyzes the Supreme Court cases Daubert v. Merrell Dow Pharmaceuticals, Kumho Tire v. ... More


Ascertaining the Contents of Domestic Law in Investment Arbitration

Jarrod Hepburn

in Domestic Law in International Investment Arbitration

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198785736
eISBN:
9780191827549
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198785736.003.0005
Subject:
Law, Public International Law

This chapter sets out a framework for arbitrators when applying domestic law (as law, not fact) in an investment treaty dispute. The chapter focuses on the question of how to ascertain the ... More


Applying the Framework—In Practice

Jarrod Hepburn

in Domestic Law in International Investment Arbitration

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198785736
eISBN:
9780191827549
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198785736.003.0007
Subject:
Law, Public International Law

This chapter assesses the investment treaty case-law against Chapter 5’s framework. The chapter draws on case-law from a range of issues implicating domestic law, including the question of the ... More


Miscellaneous Amendments to Existing Criminal Justice Legislation

Laura Sharp and Margaret Ross

in The Vulnerable Witnesses Scotland Act 2004: Text and Commentary

Published in print:
2008
Published Online:
May 2015
ISBN:
9781845860455
eISBN:
9781474406307
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860455.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter explains the miscellaneous amendments to existing criminal justice legislation. These include: amendment to procedure at pre-trial case management hearings to enable vulnerable witness ... More


Common Law Principles and the Expression and Use of Forensic Evidence in Criminal Cases

Andrew Ligertwood

in Principles, Procedure, and Justice: Essays in honour of Adrian Zuckerman

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198850410
eISBN:
9780191885433
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850410.003.0003
Subject:
Law, Private International Law

The presentation of expert forensic science evidence in rigorous statistical terms raises the question of how lay fact-finders (judges and jurors) might employ such evidence to prove events in issue. ... More


Neuroscience and Jury Decision-Making

Shelby Hunter, N. J. Schweitzer, and Jillian M. Ware

in Criminal Juries in the 21st Century: Psychological Science and the Law

Published in print:
2018
Published Online:
September 2018
ISBN:
9780190658113
eISBN:
9780190658144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190658113.003.0011
Subject:
Psychology, Forensic Psychology

This chapter examines the emerging use of neuroscience evidence in criminal trials and its influence on jury decision-making. It begins with a look at the prevalence of neuroscience expert evidence ... More


The Nature of Applications to the Commission

Carolyn Hoyle and Mai Sato

in Reasons to Doubt: Wrongful Convictions and the Criminal Cases Review Commission

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198794578
eISBN:
9780191836022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198794578.003.0005
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the nature of applications for wrongful convictions that the Criminal Cases Review Commission receives and the kinds of issues raised by applicants. It highlights the potential ... More


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