Brian L. Cutler (ed.)
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195331974
- eISBN:
- 9780199868193
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331974.001.0001
- Subject:
- Psychology, Forensic Psychology
This book provides a contemporary review of empirical and legal issues surrounding expert psychological testimony on eyewitness identification. The chapters address a variety of topics, including the ...
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This book provides a contemporary review of empirical and legal issues surrounding expert psychological testimony on eyewitness identification. The chapters address a variety of topics, including the scientific base underlying this form of expert testimony, the typical content and ethical issues regarding the testimony, admissibility decisions at the trial and appellate court levels, research on whether the testimony goes beyond common sense, agreement among experts about the underlying research, and the effects of expert testimony on juror decisions. Additional chapters raise limitations associated with expert testimony and question its appropriateness. These limitations include the shortcomings with respect to the underlying research and other issues associated with admissibility. Several chapters by experienced attorneys provide prosecution and defense perspectives on expert testimony.Less
This book provides a contemporary review of empirical and legal issues surrounding expert psychological testimony on eyewitness identification. The chapters address a variety of topics, including the scientific base underlying this form of expert testimony, the typical content and ethical issues regarding the testimony, admissibility decisions at the trial and appellate court levels, research on whether the testimony goes beyond common sense, agreement among experts about the underlying research, and the effects of expert testimony on juror decisions. Additional chapters raise limitations associated with expert testimony and question its appropriateness. These limitations include the shortcomings with respect to the underlying research and other issues associated with admissibility. Several chapters by experienced attorneys provide prosecution and defense perspectives on expert testimony.
Brian L. Cutler
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195331974
- eISBN:
- 9780199868193
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331974.003.012
- Subject:
- Psychology, Forensic Psychology
The Afterword summarizes the book's main aims and usefulness. This book has reviewed a substantial number of factors associated with expert psychological testimony on eyewitness identification. It ...
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The Afterword summarizes the book's main aims and usefulness. This book has reviewed a substantial number of factors associated with expert psychological testimony on eyewitness identification. It has provided benchmarking information about the content of testimony and information that can be used to assist in addressing admissibility and trial issues. The book has also summarized the state of knowledge and provided directions for future research on expert testimony. The book aims to help with an understanding of contemporary research findings, both strengths and limitations, and making decisions about whether experts would be useful in specific cases.Less
The Afterword summarizes the book's main aims and usefulness. This book has reviewed a substantial number of factors associated with expert psychological testimony on eyewitness identification. It has provided benchmarking information about the content of testimony and information that can be used to assist in addressing admissibility and trial issues. The book has also summarized the state of knowledge and provided directions for future research on expert testimony. The book aims to help with an understanding of contemporary research findings, both strengths and limitations, and making decisions about whether experts would be useful in specific cases.
Michael R. Leippe and Donna Eisenstadt
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195331974
- eISBN:
- 9780199868193
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331974.003.008
- Subject:
- Psychology, Forensic Psychology
This chapter examines the influence of eyewitness expert testimony on jurors' beliefs and judgments in trials that include eyewitnesses. Most surveys indicate that prospective jurors overly believe ...
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This chapter examines the influence of eyewitness expert testimony on jurors' beliefs and judgments in trials that include eyewitnesses. Most surveys indicate that prospective jurors overly believe confident eyewitnesses and have misconceptions about memory. Expert testimony aims to correct these shortcomings by educating jurors about the psychology of eyewitness reporting and factors that affect reports. Two dozen trial simulation experiments over thirty years, taken together, indicate that expert testimony produces modest gains in juror knowledge, which may improve sensitivity to evidence quality, but often do not. Expert testimony also tends to increase skepticism about prosecution eyewitnesses and, in turn, increase acquittals. Appropriately, skepticism is typically limited to cases involving central but questionable eyewitness evidence, and salient and memorable expert testimony. Overall, eyewitness expert testimony has limited influence. Expert testimony is identified as a form of persuasive communication, and recipient, source, message, and context factors that create obstacles to persuasion are reviewed.Less
This chapter examines the influence of eyewitness expert testimony on jurors' beliefs and judgments in trials that include eyewitnesses. Most surveys indicate that prospective jurors overly believe confident eyewitnesses and have misconceptions about memory. Expert testimony aims to correct these shortcomings by educating jurors about the psychology of eyewitness reporting and factors that affect reports. Two dozen trial simulation experiments over thirty years, taken together, indicate that expert testimony produces modest gains in juror knowledge, which may improve sensitivity to evidence quality, but often do not. Expert testimony also tends to increase skepticism about prosecution eyewitnesses and, in turn, increase acquittals. Appropriately, skepticism is typically limited to cases involving central but questionable eyewitness evidence, and salient and memorable expert testimony. Overall, eyewitness expert testimony has limited influence. Expert testimony is identified as a form of persuasive communication, and recipient, source, message, and context factors that create obstacles to persuasion are reviewed.
Harmon M. Hosch, Kevin W. Jolly, Larissa A. Schmersal, and Brooke A. Smith
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195331974
- eISBN:
- 9780199868193
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331974.003.007
- Subject:
- Psychology, Forensic Psychology
A criterion a judge uses to decide whether to admit expert psychology testimony in a court of law will be whether there is a consensus among experts as to the facts of the testimony the expert will ...
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A criterion a judge uses to decide whether to admit expert psychology testimony in a court of law will be whether there is a consensus among experts as to the facts of the testimony the expert will offer. The Frye rule and the Daubert v. Merrill Dow Pharmaceuticals case decisions are the fundamental legal precedents in these situations. Specifically, the judge must determine whether the expert's theories or methods are generally accepted within the expert's scientific community. This chapter discusses the meaning of expert consensus, the history of the court decisions that have led to this criterion, the empirical psychological literature that addresses the issue, the published critiques that qualify the results of the empirical research studies and additional criteria that lend credence to the conclusion that there is general acceptance about many factors that influence identifications.Less
A criterion a judge uses to decide whether to admit expert psychology testimony in a court of law will be whether there is a consensus among experts as to the facts of the testimony the expert will offer. The Frye rule and the Daubert v. Merrill Dow Pharmaceuticals case decisions are the fundamental legal precedents in these situations. Specifically, the judge must determine whether the expert's theories or methods are generally accepted within the expert's scientific community. This chapter discusses the meaning of expert consensus, the history of the court decisions that have led to this criterion, the empirical psychological literature that addresses the issue, the published critiques that qualify the results of the empirical research studies and additional criteria that lend credence to the conclusion that there is general acceptance about many factors that influence identifications.
Heather D. Flowe, Kristin M. Finklea, and Ebbe B. Ebbesen
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195331974
- eISBN:
- 9780199868193
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331974.003.009
- Subject:
- Psychology, Forensic Psychology
This chapter examines the limitations of psychological testimony on eyewitness identification. In generalizing from laboratory research to actual cases, consideration must be given to several issues, ...
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This chapter examines the limitations of psychological testimony on eyewitness identification. In generalizing from laboratory research to actual cases, consideration must be given to several issues, including 1) the extent to which the procedures or psychological processes that instantiate variables in the laboratory occur outside of the laboratory; 2) whether the background conditions of laboratory studies are diverse enough to warrant gross application; 3) whether testifying about a given factor provides incremental validity over traditional safeguards; and 4) whether real world and laboratory eyewitnesses are comparable. The chapter also questions whether experts should include DNA exoneration cases in their testimony.Less
This chapter examines the limitations of psychological testimony on eyewitness identification. In generalizing from laboratory research to actual cases, consideration must be given to several issues, including 1) the extent to which the procedures or psychological processes that instantiate variables in the laboratory occur outside of the laboratory; 2) whether the background conditions of laboratory studies are diverse enough to warrant gross application; 3) whether testifying about a given factor provides incremental validity over traditional safeguards; and 4) whether real world and laboratory eyewitnesses are comparable. The chapter also questions whether experts should include DNA exoneration cases in their testimony.
C. A. J. Coady
- Published in print:
- 1994
- Published Online:
- November 2003
- ISBN:
- 9780198235514
- eISBN:
- 9780191597220
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198235518.003.0016
- Subject:
- Philosophy, Metaphysics/Epistemology
The role of expert evidence in the law has been much debated in the legal literature though less so in philosophy. This chapter attempts to bring the insights of the earlier chapters of this book to ...
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The role of expert evidence in the law has been much debated in the legal literature though less so in philosophy. This chapter attempts to bring the insights of the earlier chapters of this book to bear on the problem of the admissibility and value of expert evidence, especially in criminal trials. It examines various proposals for restricting or enlarging the role of experts, and the implications of these proposals are discussed.Less
The role of expert evidence in the law has been much debated in the legal literature though less so in philosophy. This chapter attempts to bring the insights of the earlier chapters of this book to bear on the problem of the admissibility and value of expert evidence, especially in criminal trials. It examines various proposals for restricting or enlarging the role of experts, and the implications of these proposals are discussed.
Michael L. Perlin
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780195393231
- eISBN:
- 9780199914548
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195393231.003.0014
- Subject:
- Psychology, Forensic Psychology
This chapter examines four separate substantive issues, leading to a consideration of the intersection between international human rights law and mental disability law through varying perspectives: ...
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This chapter examines four separate substantive issues, leading to a consideration of the intersection between international human rights law and mental disability law through varying perspectives: law school education; the limits of expert testimony; the private law question of a psychotherapist’s duty to warn, and corrections law. Although these issues appear to have little in common, I conclude that the same overarching factors discussed previously and subsequently—the role of sanism and pretextuality, and the importance and promise of therapeutic jurisprudence—play a major role in any analysis of these disparate issues. Although—with the modest exception of corrections law—there has been very little scholarly literature about the intersection between international human rights law and these substantive legal questions, it is hoped that, as time goes on (and especially in light of the ratification of the CRPD), we will come more readily to see the significance of this intersection.Less
This chapter examines four separate substantive issues, leading to a consideration of the intersection between international human rights law and mental disability law through varying perspectives: law school education; the limits of expert testimony; the private law question of a psychotherapist’s duty to warn, and corrections law. Although these issues appear to have little in common, I conclude that the same overarching factors discussed previously and subsequently—the role of sanism and pretextuality, and the importance and promise of therapeutic jurisprudence—play a major role in any analysis of these disparate issues. Although—with the modest exception of corrections law—there has been very little scholarly literature about the intersection between international human rights law and these substantive legal questions, it is hoped that, as time goes on (and especially in light of the ratification of the CRPD), we will come more readily to see the significance of this intersection.
Ron Shaham
- Published in print:
- 2010
- Published Online:
- March 2013
- ISBN:
- 9780226749334
- eISBN:
- 9780226749358
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226749358.001.0001
- Subject:
- Law, Comparative Law
Islam's tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has ...
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Islam's tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, this book examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. It begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, it focuses on the case of Egypt, tracing the country's reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, the book draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, this book will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.Less
Islam's tense relationship with modernity is one of the most crucial issues of our time. Within Islamic legal systems, with their traditional preference for eyewitness testimony, this struggle has played a significant role in attitudes toward expert witnesses. Utilizing a uniquely comparative approach, this book examines the evolution of the role of such witnesses in a number of Arab countries from the premodern period to the present. It begins with a history of expert testimony in medieval Islamic culture, analyzing the different roles played by male experts, especially physicians and architects, and females, particularly midwives. From there, it focuses on the case of Egypt, tracing the country's reform of its traditional legal system along European lines beginning in the late nineteenth century. Returning to a broader perspective, the book draws on a variety of legal and historical sources to place the phenomenon of expert testimony in cultural context. A truly comprehensive resource, this book will be sought out by a broad spectrum of scholars working in history, religion, gender studies, and law.
- Published in print:
- 2010
- Published Online:
- March 2013
- ISBN:
- 9780226749334
- eISBN:
- 9780226749358
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226749358.003.0005
- Subject:
- Law, Comparative Law
In the last quarter of the nineteenth century, Egypt began to reform its traditional legal system along the line of the civil law model, especially the French one. With this legal reform, Egypt ...
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In the last quarter of the nineteenth century, Egypt began to reform its traditional legal system along the line of the civil law model, especially the French one. With this legal reform, Egypt adopted a hierarchical and centralized system of expert witnessing that would serve the national court system in any field requiring professional expertise. This article describes expert witnessing in Egypt relative to expert systems in Europe, Israel, and the United States. It first discusses modern legal writing on the probative meaning of expert testimony and on the legal status of the expert, starting with the Ottoman Majalla, the Tanzimāt's codification of Hanafi civil law. It then shows that the European (especially the French) model of expert witnessing has exerted the greatest influence on the Egyptian system, with fiqh discourse on expert testimony playing an insignificant role in this reform process.Less
In the last quarter of the nineteenth century, Egypt began to reform its traditional legal system along the line of the civil law model, especially the French one. With this legal reform, Egypt adopted a hierarchical and centralized system of expert witnessing that would serve the national court system in any field requiring professional expertise. This article describes expert witnessing in Egypt relative to expert systems in Europe, Israel, and the United States. It first discusses modern legal writing on the probative meaning of expert testimony and on the legal status of the expert, starting with the Ottoman Majalla, the Tanzimāt's codification of Hanafi civil law. It then shows that the European (especially the French) model of expert witnessing has exerted the greatest influence on the Egyptian system, with fiqh discourse on expert testimony playing an insignificant role in this reform process.
Brian H. Bornstein and Edie Greene
- Published in print:
- 2017
- Published Online:
- February 2017
- ISBN:
- 9780190201340
- eISBN:
- 9780190201357
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190201340.003.0007
- Subject:
- Psychology, Forensic Psychology
Trials are becoming increasingly complex. Much of this complexity is due to scientific or other technical evidence presented by expert witnesses, which is often hard for jurors to understand. By ...
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Trials are becoming increasingly complex. Much of this complexity is due to scientific or other technical evidence presented by expert witnesses, which is often hard for jurors to understand. By their very nature and role at trial, experts tend to be perceived as credible witnesses. Yet although expert witnesses start at a relatively high level of presumed credibility, many factors can raise or lower the impact of an expert witness’s testimony, and these factors are discussed in detail. This chapter shows that despite a widespread concern that jurors will overvalue expert testimony, empirical research indicates that this belief is yet another myth about jury behavior. In addition, some individuals deal with expert testimony better than others.Less
Trials are becoming increasingly complex. Much of this complexity is due to scientific or other technical evidence presented by expert witnesses, which is often hard for jurors to understand. By their very nature and role at trial, experts tend to be perceived as credible witnesses. Yet although expert witnesses start at a relatively high level of presumed credibility, many factors can raise or lower the impact of an expert witness’s testimony, and these factors are discussed in detail. This chapter shows that despite a widespread concern that jurors will overvalue expert testimony, empirical research indicates that this belief is yet another myth about jury behavior. In addition, some individuals deal with expert testimony better than others.
Deborah Tuerkheimer
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199913633
- eISBN:
- 9780199361830
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199913633.003.0010
- Subject:
- Law, Criminal Law and Criminology, Medical Law
Widespread problems of criminal justice manifest themselves in the SBS realm. This chapter concentrates on a subset of problems with particular salience for SBS prosecutions and, more broadly, for ...
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Widespread problems of criminal justice manifest themselves in the SBS realm. This chapter concentrates on a subset of problems with particular salience for SBS prosecutions and, more broadly, for science dependent prosecution. Suggested reforms discussed include allowing for pretrial discovery depositions of prosecution experts; strengthening judicial regulation of expert testimony; enhancing the effectiveness of post-conviction judicial review; creating conviction integrity units within prosecutors’ offices; and developing freestanding innocence commissions.Less
Widespread problems of criminal justice manifest themselves in the SBS realm. This chapter concentrates on a subset of problems with particular salience for SBS prosecutions and, more broadly, for science dependent prosecution. Suggested reforms discussed include allowing for pretrial discovery depositions of prosecution experts; strengthening judicial regulation of expert testimony; enhancing the effectiveness of post-conviction judicial review; creating conviction integrity units within prosecutors’ offices; and developing freestanding innocence commissions.
- Published in print:
- 2010
- Published Online:
- March 2013
- ISBN:
- 9780226749334
- eISBN:
- 9780226749358
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226749358.003.0003
- Subject:
- Law, Comparative Law
This article focuses on two specific groups of male experts for whom the richness of information is larger than for other expert witnesses: experts in the human body (and also on animal anatomy), ...
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This article focuses on two specific groups of male experts for whom the richness of information is larger than for other expert witnesses: experts in the human body (and also on animal anatomy), such as physicians, veterinarians, and slave dealers; and construction experts, such as builders and architects. Lawrence Rosen proposed a comparative paradigm of indirect political control of fact-finding in common-law systems versus direct control in civil-law ones. Drawing on this paradigm, this article discusses the qualifications required by the qadis of expert witnesses, how they were selected by the qadi, whether experts function as the advisers of the judge or as partisan witnesses, the procedural options developed by the court for using experts, and how judges address the problem of contradictory expert opinions. It shows that the use of expert testimony was common in premodern Islamic legal systems.Less
This article focuses on two specific groups of male experts for whom the richness of information is larger than for other expert witnesses: experts in the human body (and also on animal anatomy), such as physicians, veterinarians, and slave dealers; and construction experts, such as builders and architects. Lawrence Rosen proposed a comparative paradigm of indirect political control of fact-finding in common-law systems versus direct control in civil-law ones. Drawing on this paradigm, this article discusses the qualifications required by the qadis of expert witnesses, how they were selected by the qadi, whether experts function as the advisers of the judge or as partisan witnesses, the procedural options developed by the court for using experts, and how judges address the problem of contradictory expert opinions. It shows that the use of expert testimony was common in premodern Islamic legal systems.
Deborah Tuerkheimer
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199913633
- eISBN:
- 9780199361830
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199913633.003.0005
- Subject:
- Law, Criminal Law and Criminology, Medical Law
Like everyone else, physicians take shortcuts when processing complex information. Unfortunately, mistakes in diagnosis often result. This chapter applies what we know about cognitive errors to ...
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Like everyone else, physicians take shortcuts when processing complex information. Unfortunately, mistakes in diagnosis often result. This chapter applies what we know about cognitive errors to better understand the likelihood that a baby who presents with one or more triad symptoms will be diagnosed with SBS. In a typical clinical setting, cognitive biases that tend to lead to errors readily present themselves. These biases raise real questions about the rigor of “differential diagnosis,” the methodology that purports to rule out causes of the triad other than shaking. Overall, sustained examination of causation evidence, the rule in civil cases, has not penetrated criminal court, where judges are faced seemingly unawares with comparable admissibility decisions yet reflexively admit the proffered expert testimony. A look at SBS cases where missed diagnoses ultimately were identified shows that we cannot rely on our adversary system of justice to forestall the conviction of innocents.Less
Like everyone else, physicians take shortcuts when processing complex information. Unfortunately, mistakes in diagnosis often result. This chapter applies what we know about cognitive errors to better understand the likelihood that a baby who presents with one or more triad symptoms will be diagnosed with SBS. In a typical clinical setting, cognitive biases that tend to lead to errors readily present themselves. These biases raise real questions about the rigor of “differential diagnosis,” the methodology that purports to rule out causes of the triad other than shaking. Overall, sustained examination of causation evidence, the rule in civil cases, has not penetrated criminal court, where judges are faced seemingly unawares with comparable admissibility decisions yet reflexively admit the proffered expert testimony. A look at SBS cases where missed diagnoses ultimately were identified shows that we cannot rely on our adversary system of justice to forestall the conviction of innocents.
Ann C. McGinley
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9780814796139
- eISBN:
- 9780814764329
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814796139.003.0010
- Subject:
- Law, Employment Law
Based on the social science research on implicit bias, this chapter argues that leaving judges and juries to resort to their common sense in determining the causes for human behavior in employment ...
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Based on the social science research on implicit bias, this chapter argues that leaving judges and juries to resort to their common sense in determining the causes for human behavior in employment discrimination cases is problematic. It demonstrates that jurors, judges, and lawyers bring assumptions into the courtroom, and concludes that masculinities experts can explain how a plaintiff’s mistreatment in the workplace is linked to gender, combined with race and other identity factors. It explains that expert testimony is often crucial to educate fact finders so they can appropriately draw inferences in discrimination suits. The chapter discusses the admissibility of expert testimony including social facts and social framework evidence and explains how to judge whether a particular view is reliable. It also advocates for judicial education to aid judges in deciding procedural pre-trial motions.Less
Based on the social science research on implicit bias, this chapter argues that leaving judges and juries to resort to their common sense in determining the causes for human behavior in employment discrimination cases is problematic. It demonstrates that jurors, judges, and lawyers bring assumptions into the courtroom, and concludes that masculinities experts can explain how a plaintiff’s mistreatment in the workplace is linked to gender, combined with race and other identity factors. It explains that expert testimony is often crucial to educate fact finders so they can appropriately draw inferences in discrimination suits. The chapter discusses the admissibility of expert testimony including social facts and social framework evidence and explains how to judge whether a particular view is reliable. It also advocates for judicial education to aid judges in deciding procedural pre-trial motions.
- Published in print:
- 2010
- Published Online:
- March 2013
- ISBN:
- 9780226749334
- eISBN:
- 9780226749358
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226749358.003.0004
- Subject:
- Law, Comparative Law
In Islam, the morality code obliges females to be segregated from unrelated males. The preference is for one female to treat another, especially if the malady or the wound is located in the intimate ...
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In Islam, the morality code obliges females to be segregated from unrelated males. The preference is for one female to treat another, especially if the malady or the wound is located in the intimate parts of the body. Male physicians are instructed by legal texts to teach women how to treat other women. This article explores the role of knowledgeable women in general, and midwives in particular, as providers of expert testimony concerning the intimate parts of the female body. These women testified on such issues as the menstrual cycle, pregnancy, birth, virginity, defects of the sex organs, and the identity of newborn infants and their physical condition. The article considers the physical inspections conducted by female experts and argues that they represented the interests of the patriarchy by supplying information and advice that were essential for maintaining the dominant male-oriented social and moral order. The article concludes by assessing the relationship between the legal status of women as expert witnesses and their social status in patriarchal societies.Less
In Islam, the morality code obliges females to be segregated from unrelated males. The preference is for one female to treat another, especially if the malady or the wound is located in the intimate parts of the body. Male physicians are instructed by legal texts to teach women how to treat other women. This article explores the role of knowledgeable women in general, and midwives in particular, as providers of expert testimony concerning the intimate parts of the female body. These women testified on such issues as the menstrual cycle, pregnancy, birth, virginity, defects of the sex organs, and the identity of newborn infants and their physical condition. The article considers the physical inspections conducted by female experts and argues that they represented the interests of the patriarchy by supplying information and advice that were essential for maintaining the dominant male-oriented social and moral order. The article concludes by assessing the relationship between the legal status of women as expert witnesses and their social status in patriarchal societies.
Carolyn Hoyle and Mai Sato
- 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. ...
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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. Drawing on a sample of sixty-one cases involving forty-two applicants, the chapter shows how the Commission makes decisions in cases that ‘turn on’ forensic science and expert testimony. It also considers the influence of developments in the ‘surround’ of the Commission and how the surround affects the Commission's decision field — the broad setting within which decision-making at the Commission takes place. Finally, it analyses the role of decision frames in the Commission's decision-making on forensic and expert evidence cases, noting that such frames are characterised by uncertainty and even anxiety. Concerns about the interpretation and presentation of forensic evidence at trial are discussed, along with the legal and narrative frames of decision-making in forensic and expert evidence cases.Less
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. Drawing on a sample of sixty-one cases involving forty-two applicants, the chapter shows how the Commission makes decisions in cases that ‘turn on’ forensic science and expert testimony. It also considers the influence of developments in the ‘surround’ of the Commission and how the surround affects the Commission's decision field — the broad setting within which decision-making at the Commission takes place. Finally, it analyses the role of decision frames in the Commission's decision-making on forensic and expert evidence cases, noting that such frames are characterised by uncertainty and even anxiety. Concerns about the interpretation and presentation of forensic evidence at trial are discussed, along with the legal and narrative frames of decision-making in forensic and expert evidence cases.
Wadie E. Said
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780199969494
- eISBN:
- 9780190234171
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199969494.003.0004
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter considers the evidence used to prove terrorism charges, with an initial look at evidence-gathering techniques, whether via eavesdropping under the Foreign Intelligence Surveillance Act ...
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This chapter considers the evidence used to prove terrorism charges, with an initial look at evidence-gathering techniques, whether via eavesdropping under the Foreign Intelligence Surveillance Act (FISA) or through custodial interrogation. It then analyzes trends in the introduction of evidence within the courtroom. The government's wide construction of terrorism and association comes squarely into view, as courts in the main have allowed highly prejudicial and arguably irrelevant images, videos, and testimony that seek to link a defendant with terrorism-and wherever possible, al-Qaeda-without an adequate assessment of the evidence's probative value. Finally, this chapter concludes with a discussion of the individuals the government has employed as expert witnesses and finds a startlingly pronounced lack of qualifications and jumbled methodologies that courts have ignored in allowing those individuals to testify in an expert capacity.Less
This chapter considers the evidence used to prove terrorism charges, with an initial look at evidence-gathering techniques, whether via eavesdropping under the Foreign Intelligence Surveillance Act (FISA) or through custodial interrogation. It then analyzes trends in the introduction of evidence within the courtroom. The government's wide construction of terrorism and association comes squarely into view, as courts in the main have allowed highly prejudicial and arguably irrelevant images, videos, and testimony that seek to link a defendant with terrorism-and wherever possible, al-Qaeda-without an adequate assessment of the evidence's probative value. Finally, this chapter concludes with a discussion of the individuals the government has employed as expert witnesses and finds a startlingly pronounced lack of qualifications and jumbled methodologies that courts have ignored in allowing those individuals to testify in an expert capacity.
Brigitte Vallabhajosula
- Published in print:
- 2015
- Published Online:
- January 2015
- ISBN:
- 9780199995721
- eISBN:
- 9780190221584
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199995721.003.0010
- Subject:
- Psychology, Forensic Psychology, Cognitive Neuroscience
The number of defendants seeking to admit evidence of brain dysfunction or mental illness, especially in the form of neuroimaging scans, to support a plea of, for example, NGRI, GBMI, or diminished ...
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The number of defendants seeking to admit evidence of brain dysfunction or mental illness, especially in the form of neuroimaging scans, to support a plea of, for example, NGRI, GBMI, or diminished capacity or to argue against, for example, competency to stand trial, competency to be executed, and/or competency to proceed pro se is increasing drastically. Research studies have shown that judges apply different Daubert criteria according to the kind of evidence under review and that the decision about which criteria to use is closely related to perceptions that some kinds of evidence are more scientific than others. The courts’ increasing attention to the validity and evidentiary reliability of proffered scientific evidence is clearly reflected in cases that have tried to admit expert testimony of cognitive, neurological, and/or psychological impairments (Ake v. Oklahoma, 1985; Ford v. Wainwright, 1986; Lockett v. Ohio, 1978; People v. Goldstein, 2004; Quick v. State, 2011).Less
The number of defendants seeking to admit evidence of brain dysfunction or mental illness, especially in the form of neuroimaging scans, to support a plea of, for example, NGRI, GBMI, or diminished capacity or to argue against, for example, competency to stand trial, competency to be executed, and/or competency to proceed pro se is increasing drastically. Research studies have shown that judges apply different Daubert criteria according to the kind of evidence under review and that the decision about which criteria to use is closely related to perceptions that some kinds of evidence are more scientific than others. The courts’ increasing attention to the validity and evidentiary reliability of proffered scientific evidence is clearly reflected in cases that have tried to admit expert testimony of cognitive, neurological, and/or psychological impairments (Ake v. Oklahoma, 1985; Ford v. Wainwright, 1986; Lockett v. Ohio, 1978; People v. Goldstein, 2004; Quick v. State, 2011).
- 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. ...
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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. Carmichael, and Frye v. United States. The chapter suggests that the Frye case established a rule for determining the admissibility of expert testimony while the Daubert and Kumho decisions provided trial judges with grounds for restricting the admissibility of scientific evidence in civil cases, thus relieving the burdens imposed on civil defendants in “toxic torts.”Less
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. Carmichael, and Frye v. United States. The chapter suggests that the Frye case established a rule for determining the admissibility of expert testimony while the Daubert and Kumho decisions provided trial judges with grounds for restricting the admissibility of scientific evidence in civil cases, thus relieving the burdens imposed on civil defendants in “toxic torts.”
- Published in print:
- 2010
- Published Online:
- March 2013
- ISBN:
- 9780226749334
- eISBN:
- 9780226749358
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226749358.003.0008
- Subject:
- Law, Comparative Law
A reliable determination of the facts is a major concern in all legal systems, including Islamic law. A judge, in trying to establish the facts of a case, may call in expert witnesses, who are valued ...
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A reliable determination of the facts is a major concern in all legal systems, including Islamic law. A judge, in trying to establish the facts of a case, may call in expert witnesses, who are valued for their special ability to interpret material indicators and convey local knowledge and customary practices to the court. This article considers a few comparative aspects of expert witnessing in Islamic legal systems. It discusses when and why a certain legal system decides to use expert testimony, and why judicial systems differ in the modes and procedures for using the experts. It also examines the role of political culture in determining the character of the legal system in general and of expert witnessing in particular.Less
A reliable determination of the facts is a major concern in all legal systems, including Islamic law. A judge, in trying to establish the facts of a case, may call in expert witnesses, who are valued for their special ability to interpret material indicators and convey local knowledge and customary practices to the court. This article considers a few comparative aspects of expert witnessing in Islamic legal systems. It discusses when and why a certain legal system decides to use expert testimony, and why judicial systems differ in the modes and procedures for using the experts. It also examines the role of political culture in determining the character of the legal system in general and of expert witnessing in particular.
