8. The opinion rule and the presentation of expert evidence

Evidence ◽  
2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Expert Opinion ◽  
General Rule ◽  
Bayes Theorem ◽  
Expert Evidence ◽  
Dna Evidence ◽  
The Core ◽  
The Subject

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the general rule excluding evidence of opinion; four exceptions to the opinion rule born of necessity; the principal exception to the opinion rule: expert opinion; the presentation of DNA evidence; and the presentation of the Bayes theorem and instructing the jury in mathematical probabilities.

8. The opinion rule and the presentation of expert evidence

Evidence ◽  
2019 ◽  
pp. 316-347
Author(s):  
Roderick Munday
Keyword(s):  
Expert Opinion ◽  
General Rule ◽  
Bayes Theorem ◽  
Expert Evidence ◽  
Dna Evidence ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Law Of Evidence

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The ‘opinion rule’ is one of the major exclusionary rules of the law of evidence. This chapter discusses the following: the general rule excluding evidence of opinion; four exceptions to the opinion rule born of necessity; the principal exception to the opinion rule: expert opinion; the presentation of DNA evidence; and the use of the Bayes’ theorem and instructing the jury in mathematical probabilities.

Evidence

2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Burden Of Proof ◽  
Expert Evidence ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Book Covers ◽  
Law Of Evidence ◽  
The Ideal

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.

Evidence

2019 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Burden Of Proof ◽  
Expert Evidence ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Book Covers ◽  
Law Of Evidence ◽  
The Ideal

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.

17. Opinion evidence

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
Expert Opinion ◽  
Expert Witness ◽  
Common Law ◽  
General Rule ◽  
Expert Evidence ◽  
The Public ◽  
Commission Report ◽  
Materials Used ◽  
The Impact ◽  
Law Commission

This chapter discusses the following: the general rule of common law that the opinion of a witness is inadmissible, and the exceptions for evidence of general reputation, the opinion of an expert witness within his area of expertise, and the opinion of any witness as a way of conveying facts within the competence of members of the public generally which do not call for specialized knowledge; principles of admissibility; competence; independence and objectivity; the weight of expert opinion evidence; the function of expert evidence; materials used by experts in forming their opinion; expert reports; common subjects of expert evidence; and the admissibility of non-expert opinion evidence. The developments since the Law Commission report on Expert Evidence (No. 325) are addressed, as are the impact of the Criminal Procedure Rules 2015 and the Criminal Practice Direction.

Evidence

2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
Sexual Behaviour ◽  
Criminal Procedure ◽  
Expert Evidence ◽  
England And Wales ◽  
Dna Evidence ◽  
The Core ◽  
Codes Of Practice ◽  
Photographic Evidence ◽  
Character Evidence ◽  
The Law

Andrew Choo’s Evidence provides an account of the core principles of the law of civil and criminal evidence in England and Wales. It also explores the fundamental rationales that underlie the law as a whole. The text explores current debates and draws on different jurisdictions to achieve a mix of critical and thought-provoking analysis. Where appropriate the text draws on comparative material and a variety of socio-legal, empirical, and non-legal material. This (fifth) edition takes account of revisions to the Criminal Procedure Rules, the Criminal Practice Directions, and the Police and Criminal Evidence Act Codes of Practice. It also examines in detail cases on various topics decided since the last edition was completed, including:•Ibrahim v UK (ECtHR (GC), 2016) (confession evidence);•Myers v R (PC, 2015) (expert evidence);•R v Awoyemi (CA, 2016) (bad character evidence);•R v Brown (Edward) (CA, 2015) (legal professional privilege);•R v Evans (Chedwyn) (CA, 2016) (sexual behaviour evidence);•R v FNC (CA, 2015) (DNA evidence);•R v G (S) (CA, 2017) (vulnerable witnesses);•R v Hunter (Nigel) (CA, 2015) (good character evidence);•R v Lubemba (CA, 2014) (vulnerable witnesses);•R v Mitchell (SC, 2016) (bad character evidence);•R v Platt (CA, 2016) (bad character evidence);•R v Shanmugarajah (CA, 2015) (photographic evidence);•R v Tsekiri (CA, 2017) (DNA evidence).

Social innovation for modified consumption by means of the school subject Art and craft

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Anita NEUBERG
Keyword(s):  
General Education ◽  
Primary Schools ◽  
Social Innovation ◽  
School Subject ◽  
Art And Design ◽  
The Core ◽  
Causal Mechanisms ◽  
The Subject

In this paper I will take a look at how one can facilitate the change in consumption through social innovation, based on the subject of art and design in Norwegian general education. This paper will give a presentation of books, featured relevant articles and formal documents put into context to identify different causal mechanisms around our consumption. The discussion will be anchored around the resources and condition that must be provided to achieve and identify opportunities for action under the subject of Art and craft, a subject in Norwegian general education with designing at the core of the subject, ages 6–16. The question that this paper points toward is: "How can we, based on the subject of Art and craft in primary schools, facilitate the change in consumption through social innovation?”

Rights, Authority, and Workability: An Examination of Universal Jurisdiction

2019 ◽  
Vol 3 ◽  
pp. 7-17
Author(s):  
Srdan Durica
Keyword(s):  
Universal Jurisdiction ◽  
Scholarly Work ◽  
Contemporary State ◽  
The Core ◽  
Core Areas ◽  
The Subject

In this paper, I conceptualize ‘universal jurisdiction’ along three axes: rights, authority, and workability to reduce the compendium of scholarly work on the subject into three prominent focus areas. I then review the longstanding debates between critics and supports, and ultimately show the vitality of this debate and persuasiveness of each side’s sets of arguments. By using these three axes as a sort of methodological filter, one can develop a richer understanding of universal jurisdiction, its theoretical pillars, practical barriers, and the core areas of contention that form the contemporary state of knowledge.

Jalan Kesempurnaan Menurut Jamaah Insan Al-Kamil di Cijati Desa Cikareo Selatan Sumedang

2020 ◽  
Vol 2 (1) ◽  
pp. 23-37
Author(s):  
Syarifudin Syarifudin
Keyword(s):  
Qualitative Method ◽  
Human Beings ◽  
The Core ◽  
The World ◽  
The Subject ◽  
Religious Sect ◽  
Descriptive Qualitative

Each religious sect has its own characteristics, whether fundamental, radical, or religious. One of them is Insan Al-Kamil Congregation, which is in Cijati, South Cikareo Village, Wado District, Sumedang Regency. This congregation is Sufism with the concept of self-purification as the subject of its teachings. So, the purpose of this study is to reveal how the origin of Insan Al-Kamil Congregation, the concept of its purification, and the procedures of achieving its purification. This research uses a descriptive qualitative method with a normative theological approach as the blade of analysis. In addition, the data generated is the result of observation, interviews, and document studies. From the collected data, Jamaah Insan Al-Kamil adheres to the core teachings of Islam and is the tenth regeneration of Islam Teachings, which refers to the Prophet Muhammad SAW. According to this congregation, self-perfection becomes an obligation that must be achieved by human beings in order to remember Allah when life is done. The process of self-purification is done when human beings still live in the world by knowing His God. Therefore, the peak of self-purification is called Insan Kamil. 

Genealogy of Colonial Discourse: Hindu Traditions and the Limits of European Representation

2009 ◽  
Vol 51 (3) ◽  
pp. 563-589 ◽  
Author(s):  
Raf Gelders
Keyword(s):  
Nineteenth Century ◽  
South Asian ◽  
Colonial Discourse ◽  
Colonial State ◽  
The Core ◽  
European Culture ◽  
Eastern Cultures ◽  
The Subject ◽  
Core Issues

In the aftermath of Edward Said's Orientalism (1978), European representations of Eastern cultures have returned to preoccupy the Western academy. Much of this work reiterates the point that nineteenth-century Orientalist scholarship was a corpus of knowledge that was implicated in and reinforced colonial state formation in India. The pivotal role of native informants in the production of colonial discourse and its subsequent use in servicing the material adjuncts of the colonial state notwithstanding, there has been some recognition in South Asian scholarship of the moot point that the colonial constructs themselves built upon an existing, precolonial European discourse on India and its indigenous culture. However, there is as yet little scholarly consensus or indeed literature on the core issues of how and when these edifices came to be formed, or the intellectual and cultural axes they drew from. This genealogy of colonial discourse is the subject of this essay. Its principal concerns are the formalization of a conceptual unit in the sixteenth and seventeenth centuries, called “Hinduism” today, and the larger reality of European culture and religion that shaped the contours of representation.

scholarly journals CERTAIN ASPECTS OF AUTOMATIZATION OF FORMING THE FORENSIC EXAMINATION CONCLUSION PROCESS

2021 ◽  
Vol 74 (1) ◽  
pp. 114-121
Author(s):  
Vasyl Kovalov ◽  
Keyword(s):  
Information System ◽  
Expert Opinion ◽  
Information Technologies ◽  
Digital Technologies ◽  
Research Process ◽  
Subject Area ◽  
Technical Errors ◽  
Forensic Examination ◽  
The Subject ◽  
Definition Of

Active introduction of digital technologies in all spheres of life is one of the main directions of state development as a whole and separate sphere of activity. The issue of using information technologies and systems during forensic examination is the subject of scientific research of many domestic and foreign scientists, but this sphere remains relevant. The introduction of digital technologies in forensic activities is one of the priority areas for the forensic science development at the present stage and has significant development potential. One of the areas of optimization and improvement of forensic activity is the development of methods to automate the formation of forensic experts and unify the description of the research process, identified features, justification and formulation of forensic conclusions, which requires legislative consolidation and regulation, analysis and definition of the subject area and development requirements and algorithms for the operation of the system interface. Unification and standardization of the content of forensic experts' opinions requires the development of common standards and an information system adopted by all subjects of forensic expertise, and meets the needs of practice. The development of an information system for forming an expert opinion and automatically forming an expert opinion will allow formalizing and unifying the description of research and results of forensic examinations, optimizing the time of forensic experts and potentially reducing the number of logical, typographical and technical errors, and simplifying quality control of forensic examinations. The proposed system will not only automate the technical work of registration of research results carried out during forensic examinations, but will also contain research algorithms, which will be stored in the form of data on already conducted research of similar objects (list and sequence of operations, identified features and their parameters).

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