scholarly journals SOME ISSUES IN THE USE OF EXPERT EVIDENCE AND EXPERT OPINION IN CRIMINAL PROCEEDINGS (ON THE MATERIAL OF CRIMINAL CASES TRIED BY THE COURTS OF TOMSK REGION)

2018 ◽  
Keyword(s):  
Expert Opinion ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Tomsk Region

9. Opinion evidence

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Expert Opinion ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Criminal Cases ◽  
Civil Cases ◽  
The Uk

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.

scholarly journals Experts and pretenders: Examining possible responses to misconduct by experts in criminal trials in England and Wales

2020 ◽  
Vol 24 (2) ◽  
pp. 180-207 ◽  
Author(s):  
Elaine Freer
Keyword(s):  
Expert Witness ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Trials ◽  
England And Wales ◽  
Academic Literature ◽  
Criminal Sanctions ◽  
Administration Of Justice ◽  
Disciplinary Procedures

Much academic literature explores the reliability of expert evidence in criminal proceedings in England and Wales. However, almost no attention has been paid to misconduct by experts giving evidence in criminal cases. Whilst rare, its serious impact on the administration of justice and public trust in it means that this area requires analysis. This article explores possible responses to expert witness misconduct occurring in the context of criminal proceedings in England and Wales, noting particularly the differences in responses available, depending firstly upon whether the expert is a registered professional, and secondly whether the expert has stepped outside of their expertise; did not have relevant expertise at all, or was dishonest. Professional disciplinary procedures focus on ‘fitness to practise’, and it is argued that this is sufficient where a registered professional has overstepped their expertise, but has not displayed mala fides. On the contrary, where someone gives evidence purporting to have expertise that they do not, or lies about their conduct as an expert in the case, criminal sanctions are available, appropriate, and should be used. These include contempt of court; perverting the course of justice; fraud by false representation, and perjury.

scholarly journals Ethic principles of using genetic information during criminal jurisdictional activity

2021 ◽  
Vol 136 (3) ◽  
pp. 86-97
Author(s):  
O.I. Andreeva ◽  
◽  
O.A. Zaitsev ◽  
Keyword(s):  
Genetic Information ◽  
Legal Regulation ◽  
Private Life ◽  
Criminal Case ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Data Bases ◽  
The Individual ◽  
Genome Information

The article considers how the principles of respect for the honor and dignity of the individual and privacy are implemented in the use of genetic information in criminal proceedings. The authors analyzed existed tendencies, directed to increase the extent of federal basis of genetic information due to extension of the list of subjects, liable to compulsory genetic registration, legal regulation of mechanism of using genetic information during criminal trial. The authors concluded that indiscriminate extension of subjects, liable to compulsory genome records, covered by accused (suspected) persons in a committing of a crime, or deposing genome information of acquitted persons in data bases, or deposing genome information of persons, whose criminal cases were closed due to rehabilitative circumstances, do not meet requirements of the protection of their rights and legal interests. It is proven that the production of genetic expert evidence should be proceeded based on court judgment, secured with additional guarantees that this genetic information won’t be revealed out of the investigation of a concrete criminal case. The method of obtaining biometrical materials should include following actions: informing a person about the purpose and means of its obtaining, his/her rights, his/her duties, his/her responsibilities, access conditions to obtained materials, reindefication and restrictions of anonymity or privacy. The storage procedure of genetic information should guarantee the protection of the private life of a person; provide controlled access to it and to biometrical materials by authorities.

scholarly journals Expert Opinion and Witness Testimony as Key Evidence in Criminal Cases on Incitement to Suicide

2019 ◽  
Vol 13 (6) ◽  
pp. 971-979
Author(s):  
Elena Bryanskaya ◽  
Vadzim Samaryn
Keyword(s):  
Expert Opinion ◽  
Objective Assessment ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Witness Testimony ◽  
Timely Initiation ◽  
Assessment Of Evidence ◽  
Court Practice ◽  
Legal Force

For the last five years Belarus and Russia have been among the top five countries for suicide indices. Their rise was caused by the activities of destructive groups in social networks. Experience shows that criminal proceedings for many criminal cases connected with suicides were terminated due to the absence of a crime. Thus, a thorough collection of evidence for this category of criminal cases becomes especially vital. When analyzing the court practice of incitement to suicide, the authors concluded that the most persuasive evidence is expert opinion and witness testimony. Besides, such written documents as medical cards (medical records) of potential suicides have high probative value in the investigation of criminal cases. Timely initiation and conduction of expertise could reveal signs of incitement to suicide, for example, using physical violence against the victim or a staged suicide. As the Criminal Procedure Code sometimes prescribes an expertise for a specific criminal case, such expert opinion will become a key source, a type of evidence that, at the level of a judge’s inner conviction, will have significant legal force when assessed together with other evidence. Thus, it is possible to discuss evidence that has key value, but, at the same time, it should be connected with other information on the criminal case, and together they should make up an integral crime narrative. The European Court of Human Rights introduced a concept of «key evidence» in the practice of criminal proceedings. The analysis of court practice allowed the authors to suggest that key evidence is information that acts as the main fact and is included in the subject matter of the case. This conclusion does not contradict the rule of free assessment of evidence: during such assessment, none of the evidence has predetermined, preconceived legal force. Only when the evidence is harmonized, it is possible to talk about a comprehensive investigation and an objective assessment of evidence.

scholarly journals The psychiatrist as expert witness. Part 2: criminal cases and the Royal College of Psychiatrists' guidance

2008 ◽  
Vol 14 (2) ◽  
pp. 109-114 ◽  
Author(s):  
Keith J. B. Rix
Keyword(s):  
Royal College ◽  
Expert Witness ◽  
Criminal Procedure ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
England And Wales ◽  
Court Of Appeal

Psychiatrists reporting in criminal cases in England and Wales are now governed by the Criminal Procedure Rules on expert evidence and these will require changes to the format and content of psychiatrists' reports in criminal proceedings. This article sets out the new rules and also draws attention to additional requirements made by the Court of Appeal and, when instructed by the police or the Crown Prosecution Service, by the Crown Prosecution Service. It also draws attention to the report of the Scoping Group on Court Work of the Royal College of Psychiatrists.

scholarly journals Contracting Forensic DNA Experts by the Defense in Hungarian Criminal Procedure

2021 ◽  
Vol 69 (6. ksz.) ◽  
pp. 39-54
Author(s):  
Mónika Nogel
Keyword(s):  
Expert System ◽  
Essential Role ◽  
Dna Analysis ◽  
Criminal Procedure ◽  
Legal Environment ◽  
Expert Evidence ◽  
Forensic Dna ◽  
Criminal Proceedings ◽  
Criminal Cases

Most of the studies published in Hungary on the judicial expert system and expert evidence in criminal proceedings do not deal with the question whether the availability of forensic DNA experts is adequate for the defense. This paper examines the current legal environment and focuses on this question. The study also gives a brief overview of the circumstances when DNA analysis plays an essential role in criminal cases. Finally, the article will show whether the defense can employ its own forensic DNA expert in criminal cases.

9. Opinion evidence

2019 ◽  
pp. 174-191
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Expert Opinion ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Criminal Cases ◽  
Civil Cases ◽  
The Uk

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.

THE RETURN OF CRIMINAL CASES FOR THE PRELIMINARY INVESTIGATION (ON THE EXAMPLE OF ERRORS IN THE CASE OF THE PARTICIPATION OF AN INTERPRETER)

2021 ◽  
pp. 57-61
Author(s):  
В.О. Захарова
Keyword(s):  
Preliminary Investigation ◽  
Criminal Proceedings ◽  
Criminal Cases

Автором проанализированы основные положения участия переводчика в уголовном судопроизводстве. Даны рекомендации по осуществлению взаимодействия следователя с переводчиком. Приведены типичные ошибки, возникающие при участии переводчика в уголовном судопроизводстве и даны рекомендации по осуществлению взаимодействия переводчика со следователем. The author analyzes the main provisions of the interpreter’s participation in criminal proceedings. Recommendations are given on the implementation of the interaction of the investigator with the translator. Typical errors that occur with the participation of an interpreter in criminal proceedings are presented and recommendations are given for the interaction of an interpreter with an investigator.

Features of Proof in Criminal Cases Against Minors

2021 ◽  
pp. 104-111
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
O. S. Matorina
Keyword(s):  
Life Experience ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Specific Nature ◽  
Legal Proceedings

The article deals with the specific features of the procedure of legal proceedings in cases involving minors. Thus, one of the grounds for differentiating criminal proceedings according to this criterion of cases is the underage age of persons who have committed a socially dangerous act. This is primarily due to the age characteristics of these individuals, who are characterized by great impressionability, lack of sufficient life experience and solid knowledge, immaturity of thinking, instability of the psyche and increased emotionality, increased suggestibility and auto-suggestion, a tendency to fantasy and imitation. Their will is not yet strong enough, and their character is not yet fully formed. In connection with the above, there is a specific nature of the circumstances to be proved in this category of criminal cases, which is analyzed in the article. The authors ‘opinions on the expanded subject of evidence in criminal cases against minors are presented. Proposals were made to improve the legislation.

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