Suspect sciences? Evidentiary Problems with Emerging Technologies

2010 ◽  
Vol 2 (1) ◽  
pp. 40-72 ◽  
Author(s):  
Gary Edmond
Keyword(s):  
Expert Opinion ◽  
Emerging Technologies ◽  
Computer Forensics ◽  
Forensic Sciences ◽  
Evidence Based ◽  
Expert Evidence ◽  
New Techniques ◽  
Sound Recordings ◽  
Rules Of Evidence

This article examines the standards governing the admission of new types of expert evidence. Based on the rules of evidence and procedure in Australia, it explains how judges have been largely uninterested in the reliability of expert opinion evidence. Focused on the use of CCTV images and covert sound recordings for the purposes of identification, but relevant to other forensic sciences, the article explains the need for interest in the reliability of incriminating expert opinion evidence. It also explains why many of the traditional trial safeguards may not be particularly useful for identifying or explaining problems and complexities with scientific and technical evidence. In closing, the article argues that those developing new types of evidence and new techniques, whether identification-based or derived from IT, camera or computer forensics, need to be able to explain why it is that the court can have confidence in any opinions expressed.

Suspect Sciences?

2012 ◽  
pp. 216-249
Author(s):  
Gary Edmond
Keyword(s):  
Expert Opinion ◽  
Computer Forensics ◽  
Forensic Sciences ◽  
Evidence Based ◽  
Expert Evidence ◽  
New Techniques ◽  
Sound Recordings ◽  
Rules Of Evidence

This article examines the standards governing the admission of new types of expert evidence. Based on the rules of evidence and procedure in Australia, it explains how judges have been largely uninterested in the reliability of expert opinion evidence. Focused on the use of CCTV images and covert sound recordings for the purposes of identification, but relevant to other forensic sciences, the article explains the need for interest in the reliability of incriminating expert opinion evidence. It also explains why many of the traditional trial safeguards may not be particularly useful for identifying or explaining problems and complexities with scientific and technical evidence. In closing, the article argues that those developing new types of evidence and new techniques, whether identification-based or derived from IT, camera or computer forensics, need to be able to explain why it is that the court can have confidence in any opinions expressed.

scholarly journals Perception of District Judges and Lawyers Towards Medico-legal Reports, Medical Certificates and Medical Expert Opinion

2018 ◽  
Vol 56 (212) ◽  
pp. 735-739
Author(s):  
Nuwadatta Subedi ◽  
Hima Raj Giri
Keyword(s):  
Expert Opinion ◽  
Cross Sectional Study ◽  
Documentary Evidence ◽  
Expert Evidence ◽  
Medical Expert ◽  
Cross Sectional ◽  
District Attorneys ◽  
Medical Expert Opinion ◽  
Medical Reports

Introduction: The medico legal reports and certificates prepared by doctors can be used as valuable documentary evidence in the court of law. The study was designed with objectives to explore the perception of judges and lawyers about the quality of medico legal reports prepared by the doctors and their competence in providing the expert evidence in the court. Methods: It is a questionnaire based cross sectional study conducted among the district judges and government attorneys of 75 districts of Nepal from March to May 2016. The data obtained was analysed by SPSS version 16.0. Results: Among a total of 78 participants who responded the questionnaire, 40 (51.3%) were district judges and 38 (48.7%) district attorneys. Most of them graded that the reports prepared by the doctors were just average. Among them, 49 (63.6%) strongly agreed and 28 (36.4%) partially agreed that the reports were useful in deciding the cases. A total of 44 (56.4%) respondents strongly agreed and 34 (43.6%) partially agreed that expert opinion of the doctors in the courts were useful to decide the cases. Seventy one (92.2%) of them rated general doctors as moderately competent. Conclusions: The medical reports prepared by the Nepalese doctors were just average as perceived by judges and lawyers and the competency in presenting the evidence in courts was moderate as rated by them.

R v Foy (Nicholas): voluntary intoxication, mental health and the case for diminished responsibility

2021 ◽  
Vol 72 (2) ◽  
Author(s):  
Bethany Simpson
Keyword(s):  
Mental Health ◽  
Expert Opinion ◽  
Evidence Based ◽  
Health Issues ◽  
Mental Health Issues ◽  
Court Of Appeal ◽  
Diminished Responsibility

In R v Foy, the appellant sought to adduce fresh evidence based on a difference in expert opinion. Dismissing the appeal, the Court of Appeal in England held that, where there is no solid basis for expert assertions, these appeals must fail. The case highlights the legal complexities intrinsic in diminished responsibility cases in the context of intoxication and mental health issues. This commentary addresses the legal ambiguities that arise under these circumstances.

8. Opinion evidence

2018 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Expert Opinion ◽  
Expert Witness ◽  
Common Law ◽  
Expert Evidence ◽  
High Quality ◽  
Criminal Trials ◽  
Questions And Answers ◽  
Flow Charts ◽  
Scientific Expertise ◽  
Civil Trials

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter explores an area of evidence law dominated by expert witness evidence and the extent to which flawed testimony leads to miscarriages of justice. Expert evidence is now commonplace in criminal and civil trials, and the courts and Parliament have developed procedures to ensure that it is of high quality. These are an eclectic mix of common law and statute and their development reflects the importance of scientific expertise. It is necessary to be familiar with the differences between expert and non-expert opinion evidence and on when and in what circumstances both types are admissible and questions that can be asked of the expert whilst giving evidence. The approach depends on whether the question relates to civil or criminal trials

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 Latin American Thyroid Society recommendations for the management of thyroid nodules

2009 ◽  
Vol 53 (9) ◽  
pp. 1167-1175 ◽  
Author(s):  
Rosalinda Camargo ◽  
Sandro Corigliano ◽  
Celso Friguglietti ◽  
Alicia Gauna ◽  
Rubén Harach ◽  
...  
Keyword(s):  
Latin America ◽  
Latin American ◽  
Expert Opinion ◽  
Thyroid Nodules ◽  
State Of The Art ◽  
Evidence Based ◽  
Group Meeting ◽  
Medical Centers ◽  
Based Medicine ◽  
Latin American Countries

Several guidelines on diagnosis and treatment of thyroid nodules and cancer have recently been published. However, recommended practices are not always appropriate to different settings or countries. The aim of this consensus was to develop Clinical Guidelines for evaluation and management of patients with thyroid nodules applicable to Latin American countries. The panel was composed by 13 members of the Latin American Thyroid Society involved with research and management of thyroid nodules and cancer from different medical centers in Latin America. The consensus was produced based on the expert opinion of the panel with use of principles of evidence-based medicine. Following a group meeting, a first draft based on the expert opinion of the panel was elaborated and later circulated among panel members for further revision. After revision, this document was submitted to all LATS members for commentaries and considerations and finally revised and refined by the authors. The final recommendations represent state of the art on management of thyroid nodules applied to all Latin American countries.

scholarly journals THE GHOST IN THE MACHINE? THE VALUE OF EXPERT ADVICE IN THE PRODUCTION OF EVIDENCE-BASED GUIDANCE: A MIXED METHODS STUDY OF THE NICE INTERVENTIONAL PROCEDURES PROGRAMME

2016 ◽  
Vol 32 (1-2) ◽  
pp. 61-68 ◽  
Author(s):  
Oyinlola Oyebode ◽  
Hannah Patrick ◽  
Alexander Walker ◽  
Bruce Campbell ◽  
John Powell
Keyword(s):  
Expert Opinion ◽  
Interventional Procedures ◽  
Expert Advice ◽  
Evidence Based ◽  
Research Experience ◽  
Structured Interviews ◽  
Usefulness Score ◽  
Qualitative Work ◽  
Patient Selection Criteria ◽  
Guidance Development

Objectives: The aim of this study was to determine the aspects of expert advice that decision makers find most useful in the development of evidence-based guidance and to identify the characteristics of experts providing the most useful advice.Methods: First, semi-structured interviews were conducted with seventeen members of the Interventional Procedures Advisory Committee of the UK's National Institute of Health and Care Excellence. Interviews examined the usefulness of expert advice during guidance development. Transcripts were analyzed inductively to identify themes. Second, data were extracted from 211 experts’ questionnaires for forty-one consecutive procedures. Usefulness of advice was scored using an index developed through the qualitative work. Associations between usefulness score and characteristics of the expert advisor were investigated using univariate and multivariate analyses.Results: Expert opinion was seen as a valued complement to empirical evidence, providing context and tacit knowledge unavailable in published literature, but helpful for interpreting it. Interviewees also valued advice on the training and experience required to perform a procedure, on patient selection criteria and the place of a procedure within a clinical management pathway. Limitations of bias in expert opinion were widely acknowledged and skepticism expressed regarding the anecdotal nature of advice on safety or efficacy outcomes. Quantitative analysis demonstrated that the most useful advice was given by clinical experts with direct personal experience of the procedure, particularly research experience.Conclusions: Evidence-based guidance production is often characterized as a rational, pipeline process. This ignores the valuable role that expert opinion plays in guidance development, complementing and supporting the interpretation of empirical data.

Oxford Textbook of Interventional Cardiology

2018 ◽  
Keyword(s):  
Interventional Cardiology ◽  
Coronary Intervention ◽  
Western Society ◽  
Evidence Based ◽  
New Techniques ◽  
Novel Section ◽  
Percutaneous Coronary ◽  
Expert Team ◽  
Artery Disease ◽  
Evidence Based Guidelines

The Oxford Textbook of Interventional Cardiology is the definitive text, spanning the whole spectrum of interventional cardiology procedures, including management of patients with coronary artery disease, one of the leading killers in western society. This textbook, covering key procedures and fully revised and updated to include the latest trials, technology, and new techniques, is essential reading. The Oxford Textbook of Interventional Cardiology 2nd edition spans the whole spectrum of interventional cardiology procedures, including a novel section on the future of interventional cardiology, and multiple new chapters covering special devices in percutaneous coronary intervention. Written by an expert team of international authors, this book offers guidance on all aspects of interventional cardiology according to the European curriculum, and covers the evidence-based guidelines for a comprehensive view of the field.

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