Expert Evidence in Criminal Law: The Scientific Approach

Expert Evidence in Criminal Law: The Scientific Approach

by Alan D. Gold


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Expert Evidence in Criminal Law: The Scientific Approach by Alan D. Gold

Expert Evidence in Criminal Law: The Scientific Approach by Alan D. Gold is the first and only Canadian book on expert evidence entirely from a scientific perspective.

The book is written as plain language, making it easily accessible to lawyers and judges approaching the topic for the first time. At the same time, it contains all the principles and knowledge needed to expose bogus experts and junk science and to reduce inflated expert evidence to its proper valuation.

Everything from forensic identification evidence, including fingerprints and toolmarks, to psychological and psychiatric evidence, such as post-traumatic strees snydrome, are discussed and evaluated according to the rules of science and the deficiencies and weaknesses of the evidence are demonstrated in detail.

The book has been thoroughly updated in this new edition to reflect developments in both the law and science.

Product Details

ISBN-13: 9781552210727
Publisher: Irwin Law
Publication date: 05/28/2003
Pages: 253
Product dimensions: 6.26(w) x 9.00(h) x 0.53(d)

Table of Contents

Foreword xi

Preface to the second edition xv

Preface to the first edition xvii

Chapter 1 Introduction 1

Chapter 2 The U.S. Revolution 25

U.S. Developments 25

The Canadian Parallel 37

The U.K. Status Quo 39

The Expert's Duty 41

Chapter 3 The Admissibility of Expert Opinion Evidence 45

No Opinions Except . . . 41

Expert Opinion Evidence 50

Relevance 53

Logical Relevance 53

Legal Relevance 63

Necessity 66

Absence of Exclusionary Rule 75

A Qualified Expert 76

Novel Expert Evidence 81

Checklist 81

Properly Qualified Expert

Necessity 82

Absence of Any Exclusionary Rule 82

Logical Relevance 82

Legal Relevance 83

Chapter 4 Science: Some Basic Concepts 85

The Scientific Method 85

Scientific Literacy 94

Accurate Recording of Meaningful Data 94

Bias and Suggestion 98

Error Rates 106

Experimental Design and Research Quality 108

Drawing Conclusions or What It Means 113

Falsifiabiliuy 126

Chapter 5 Science and the Forensic Sciences 131

Fingerprint Identification 135

Handwriting Identification 142

Hair and Fiber Identification 144

Firearm Identification 148

Other Examples 152

Summary 154

Chapter 6 Science and Psychiatric and Psychological Evidence 157

Chapter 7 Science and Syndromes, Profiles, and Indicators 177

Syndromes 178]

Battered Woman Syndrome 178

Trauma Syndromes: Credibility Opinions and Behavioural Characteristics 186

Profiles 215

Indicators 218

Arson Indicators 219

Chapter 8 Science and "Consistent with" Evidence 223

Chapter 9 Science and Social Science Evidence 233

Chapter 10 Problematic Procedural Issues 239

The VoirDire 239

Hearsay Evidence 240

Presenting the ExpertEvidence 241

Cross-Examination of Expert Evidence 243

The Use of Written Authorities 245

Statutory Evidentiary Provisions 247

Disclosure Issues with Experc Reports 248

Conflicting Expert Evidence 249

Chapter 11 Proposals for Change 251

Using Science as a Practical Litmus Test for "Experts" 251

Using Science as a Source for Expert Evidence Per Se 252

Appointing a Science Devil's Advocate 256

Conclusion 257

Table of Cases 259

Index 271

About the Author 275

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