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Dissertations / Theses on the topic 'Expert evidence'
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Dwyer, DeÌirdre M. "The judicial assessment of expert evidence." Thesis, University of Oxford, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.424882.
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Murray, Andrew Stuart. "Expert Evidence and the Problem of Privilege." Thesis, The University of Sydney, 2018. http://hdl.handle.net/2123/18328.
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The giving of admissible evidence of opinion by experts and the concept of ‘litigation privilege’ each occupies an anomalous position within our legal system. Expert evidence is evidence provided to a court to assist in the determination of questions of science or professional skill. It is an exception to the rule that prohibits the adducing of opinion evidence and, in the case of the party-engaged expert, requires that the expert owe a paramount duty to the court. Litigation privilege is a species of legal professional privilege and a principle of public policy that operates to restrict the obligation of a party to disclose documents evidencing certain protected communications ¬in response to applications for disclosure. It is an exception to the principle that evidence that is relevant to a fact in issue is admissible. But should, for example, communications between a solicitor and an expert also be subject to litigation privilege in light of the expert’s paramount duty to the court? The issue raises questions about the role of the expert as an independent authority upon whom the courts can rely in circumstances in which a party is deploying that expert to adduce evidence in an adversarial context. The current orthodoxy, by largely maintaining the cloak of legal professional privilege in relation to draft reports and communications with experts, does little to alleviate the inherent tension between these principles. This thesis seeks to explore these issues. It also considers reforms that may ameliorate the problems that the current orthodoxy has engendered within the federal and New South Wales civil jurisdictions with respect to the party-engaged expert and the application of legal professional privilege.
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Ploeger, Matthew Brian. "Expert witnesses in federal civil litigation /." Digital version accessible at:, 1998. http://wwwlib.umi.com/cr/utexas/main.
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Ong, Lee Za. "Wisconsin attorneys in selection of vocational expert witnesses." Online version, 1999. http://www.uwstout.edu/lib/thesis/1999/1999ong.pdf.
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Rumbold, John Mark Michael. "The parasomnia defence : expert evidence in criminal trials." Thesis, Keele University, 2015. http://eprints.keele.ac.uk/2501/.
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There are increasing numbers of defendants seeking to rely on the occurrence of sleepwalking or some other parasomnia in their defence to a criminal charge. Consequently this has become a matter for public concern, particularly in relation to sexual assaults committed after alcohol consumption. This study used ethnographic methods to understand how the expert witnesses assess the accused in these cases, and then present their evidence to the jury. It also looked at the two-way interactions between law and medical science, and the difficulties each field has with the other. Sleepwalking in particular is an under-researched condition, with the basic phenomenology not fully explored yet. The experts must often rely on professional experience and give opinions, rather than relying on solid scientific evidence. Juries rarely return the special verdict, and victims are left dissatisfied by the incredible nature of the defence. The law pertaining to automatism and insanity is complicated and out of step with medical science. The Law Commission has recently examined this tricky area of law and recommended reform. The study concludes that the standard of expert evidence is generally good, although further work is needed to examine the specifics of how opinion and test results are presented to the jury. A number of recommendations are made about the standard of admissibility, legal reform and future directions of research.
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Moffa, Morgan S. "The evidence and expert judgments of their relative importance in confession adjudication /." View thesis online, 2008. http://docs.rwu.edu/psych_thesis/1/.
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Dumani, Msebenzi. "Aspects of expert evidence in the criminal justice system." Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/435.
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The rule excluding evidence of opinion is traditionally stated in broad and general terms, subject to a more or less closed list of exemptions. Stephen says that a witness’s opinion is “deemed to be irrelevant”. A witness may depose to the facts which he has observed, but he may not ordinarily state any inferences which he has drawn from those facts, or opinions founded upon facts of which he has no personal knowledge. The general rule is that the evidence of opinion or belief of a witness is irrelevant because it is the function of a court to draw inferences and form its opinion from the facts; the witnesses give evidence as to the facts and the court forms its opinion from those facts. The opinion of an expert is admissible if it is relevant. It will be relevant if the witness’s skill, training or experience enables him materially to assist the court on matters in which the court itself does not usually have the necessary knowledge to decide. Where the topic is such that an ordinary judicial officer could be expected to be able, unassisted, to draw an inference, expert evidence is superfluous. In principle, there is no rule that a witness cannot give his opinion on an issue that the court has to decide ultimately. It is not experts alone who may give their opinions on ultimate issues but, in practice, there is a strong tendency to regard the evidence of lay persons on ultimate issues as constituting prima facie evidence only. If such lay testimony remains unchallenged, it may be of greater significance. It is generally true that relevant evidence is admissible and irrelevant evidence is inadmissible. At this stage the following question may be posed: is the opinion of any witness – whether from an expert or lay person – admissible evidence? Should an opinion be admitted for purposes of persuading the court to rely on it in deciding the issue at hand? The basic answer is that relevance remains the fundamental test for admissibility. Certain issues simply cannot be decided without expert guidance. Expert opinion evidence is therefore readily received on issues relating to ballistics, engineering, chemistry, medicine, accounting and psychiatry, to mention only a few examples. The problem which arises is this: what is the best way of cross-examining the expert witness? Although the concept of skilful cross-examination conjures up the image of the crossexaminer destroying the expert witness in the witness box, total annihilation of expert evidence in court occurs only rarely. In reality, lawyers who are expected to cross-examine experts are often at a disadvantage in that they do not possess sufficient in-depth knowledge of the specific field of expertise to enable them to cross-examine the witness. Despite the expert nature of the evidence, it is suggested that the true basis of crossexamination should not be abandoned when dealing with experts. The effectiveness of crossexamination is enhanced by keeping the number of questions to a minimum as well as opening and concluding with good strong points. At the outset it should be mentioned that there is a distinction between matters of scientific fact and matters of mere opinion. On matters of scientific fact experts seldom differ but within the province of opinion one encounters difficulties. Lengthy cross-examination concerning expert’s theoretical knowledge is usually inefficient and should rarely be attempted. Cross-examination should be directed at pure logic or scientific analysis. The cross-examiner should always have relevant authority with him in court so as to confront the expert with these. The whole effect of the testimony of an expert witness can also be destroyed by putting the witness to test at the trial as to his qualifications, his experience and his ability and discriminations as an expert. A failure to meet this test renders his evidence nugatory.
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Forret, Joan Boyce. "An Interface between science and law: What is science for members of New Zealand's Environment Court?" The University of Waikato, 2006. http://hdl.handle.net/10289/2667.
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This study investigates the interface between science and law with reference to models of science described by members of New Zealand's Environment Court. The aim of the research is to identify differences and consistencies between the members of the Court in the way that they articulate their understanding of science and of scientific evidence. This research also aims to locate those individual models of science within a wider philosophical discourse concerning the nature of science. The research adopts a qualitative and interpretive approach that focuses on understanding the detail of contextual interactions arising from interviews with eight Environment Judges and 13 Commissioners. The interview group comprised all of the judges of the Court during the research period (1999 - 2000) and all but one permanent Commissioner. The analysis of interviews show a wide range of views concerning the scope and nature of science. Criteria significant to each individual's model of science have been identified as a series of micro themes. Those micro themes differ between individuals as to the combinations of criteria significant when locating the boundary between science and non-science. The analysis of interviews also identifies three macro themes that describe whether and how individuals differentiate science, technology and expertise. That analysis identifies a group of interviewees, comprising both judges and commissioners, that equates science with expertise without distinction as to any knowledge component or process considerations. The analysis of interview responses adopts a boundary-work approach that identifies how individuals locate the boundary between science and non-science through their articulation of the micro themes significant to their model of science. The study contributes to the discourse concerning the relationship of science and law within modern society. That discourse commonly addresses the appropriate legal framework to assess questions involving scientific expertise and invariably describes the legal process and the role of expert and decision maker within that process. However, that discourse rarely articulates the meaning of the terms science, scientist, or technology, assuming that science is a self-evident concept, its meaning having universal application and acceptance. This research challenges that approach and identifies wide differences in the models of science held by individual decision makers and differences in their expectations of evidence from expert witnesses. Aside from the implications of the research results for the discourse concerning the relationship of science and law, this research also has practical implications for the evaluation of expert scientific evidence within an adversarial system of law, and for expert evidence before the Environment Court. Suggestions to improve communication both within the Court and between the Court and parties appearing before it are made with a view to identifying consistent and fair expectations of experts and their evidence.
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Meintjes-van, der Walt Lirieka. "Expert evidence in the criminal justice process : a comparative perspective /." Amsterdam : Rozenberg, 2001. http://www.loc.gov/catdir/enhancements/fy0630/2002329797-d.html.
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Farley, Erin Jennifer. "Deliberating science juries, scientific evidence and commonsense justice /." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 309 p, 2007. http://proquest.umi.com/pqdweb?did=1251900581&sid=1&Fmt=2&clientId=8331&RQT=309&VName=PQD.
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Chan, Wai Sing. "Challenging task for expert witness in the construction dispute process." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454283a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2008."Master of Arts in arbitration and dispute resolution, research dissertation." Title from PDF t.p. (viewed on June 1, 2009) Includes bibliographical references.
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Li, Ning. "Mechanisms of accepting and rejecting expert evdence in arbitration and their difficulty in practice." access full-text access abstract and table of contents, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b2205246xa.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2007.Title from PDF t.p. (viewed on Sept. 7, 2007) "LW6409A dissertation of MA arbitration and dispute resolution" Includes bibliographical references.
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Blackman, Susan Jane. "Expert systems in case-based law : the rule against hearsay." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/27763.
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The rule against hearsay of evidence law, and its exceptions, can be explained with a simple heuristic device. Where the circumstances surrounding the making of the hearsay statement indicate that the declarant perceived the matters reported accurately, believed and remembered what she saw when she reported it, and intended to accurately report it, the evidence appears reliable and is admissible in court. This theory is used as the basis for building an expert system to advise lawyers about admissibility of hearsay evidence. The expert whose knowledge forms the basis of this expert system is Professor M. T. MacCrimmon of the Faculty of Law at the University of British Columbia.Law, Peter A. Allard School of
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HOLMBERG, VIKTOR. "Determining expertise from indirect evidence : Expert search in an enterprise setting." Thesis, KTH, Skolan för datavetenskap och kommunikation (CSC), 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-142450.
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In large organizations, quickly finding the right expert is important. An expert finding system can help users with this by letting them search for experts matching expertise queries. Automatic expert finders, which are the focus of this report, accomplish this by analyzing indirect expertise evidence contained in documents, for instance those stored on an organization’s internal network. The goal of this report is to discover the best way to construct such a system, and analyze how its performance compares to that of a system based on manually supplied expertise information. To determine this, several expert finding algorithms were implemented, and evaluated on two different corpora. It was found that the best approach, both in terms of performance and ease of implementation, is to use documentbased algorithms, i.e algorithms that work by first searching for documents related to a query, and then analyzing the retrieved documents to find presumably relevant persons. Furthermore, the best of the implemented expert finders was compared to an existing manually curated system. The automated expert finder outperformed the manual one substantially in terms of recall, while maintaining high precision. It was concluded that automatic expert finders perform well enough to be useful in practice, and that the workload needed to implement such a system is small. As such, they can provide either a feasible alternative, or a valuable complement, to manual systems.I stora organisationer är det viktigt att snabbt kunna hitta rätt expert. Ett sätt att hjälpa användare med detta är expertsökarsystem, vilka låter användare söka efter personer matchande en given expertis. I fokus för denna rapport är automatiska expertsökarsystem, vilka bygger upp expertismodeller från indirekta källor, så som dokument lagrade på ett intranät. Vi undersöker hur ett sådant system bäst konstrueras, samt hur dess prestanda förhåller sig jämfört med ett system baserat på manuellt skapad expertisinformation. För att utröna detta implementerades ett antal olika expertsökare vars prestanda testades på två olika dataset. Det visade sig att s.k dokumentbaserade algoritmer fungerar bäst, både med hänsyn till kvalitén på sökresultaten och till mängden arbete som krävs för implementation av systemet. I en dokumentbaserad expertsökare används en klassisk dokumentsökmotor för att skapa en lista av dokument relevanta för en expertissökfrågan, varpå dessa dokument analyseras för att hitta potentiella experter. Den bästa av de implementerade expertsökarna jämfördes med ett existerande system baserat på manuellt ifylld expertisinformation. Det visade sig att det automatiska systemet kunde lokalisera en betydligt större andel av de faktiska experterna än det manuella systemet, med bibehållen hög precision. Vi drar slutsatsen att automatiska expertsökarsystem fungerar bra i praktiken, samtidigt som arbetsbördan för implementationen av ett sådant system är liten. Således kan de fungera antingen som ett värdefullt komplement eller som ett realistiskt alternativ till manuella system.
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Shannon, Clare E. "Does expert evidence pertaining to battered woman syndrome influence juror verdicts?" Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1999. https://ro.ecu.edu.au/theses/1270.
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This research investigated whether expert evidence pertaining to Battered Woman Syndrome (BWS) influences juror verdicts the legal requirements of self defence (imminence, proportionality and an attempt to retreat from the situation) are generally not met in cases where battered women kill their partner: The killings do not immediately follow the attack, the force used is not proportionate to the attack and there is often no previous attempt to retreat from the situation. BWS expert psychological evidence has been admitted by Australian Courts to provide jurors with an alternative perspective for determining whether a woman's actions were reasonable in the given context. It is unclear whether the admission of such “myth-dispelling" evidence is necessary. A written summary of a trial transcript was given to 160 participants (80 male and 80 female), each of whom contributed to one of sixteen conditions in a 2x4x2 design. The critical manipulations were as follows: the presence I absence of a defence I prosecution expert; whether or not the defendant had previously left the relationship; and sex of participant. The findings provide some suggestion that expert evidence about BWS does not significantly impact on verdict, although its effect may differ for males and females.
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Yu, Kwok Tung Ricky. "Expert determination as a means in resolving surveying disputes Hong Kong perspective /." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22052410a.pdf.
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WURSTEN, APRIL. "THE PSYCHOLOGIST AND PSYCHIATRIST IN COURT: PERCEIVED EXPERTNESS AND INFLUENCE." Diss., The University of Arizona, 1986. http://hdl.handle.net/10150/183929.
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An analog study was devised to examine perceived differences between psychiatrists and psychologists in providing expert testimony on the insanity defense. The effects of issue involvement and initial attitude were also assessed. Subjects who had been exposed to the differences in training between the professionals were used. In a pilot investigation, subjects were exposed to identical testimony from a defense expert identified either as a psychiatrist or psychologist. Medical bias, as measured by the tendency to concur with the expert recommendations and endorse attitudes consistent with the M.D., was confirmed. This finding was especially strong among pro insanity defense subjects with low issue involvement. The failure to find a similar pattern among anti-insanity defense subjects with low issue involvement was thought to be an artifact of the absence of opposing testimony. The overall failure of highly involved anti insanity defense subjects to reach verdicts consistent with their initial attitudes, was also thought to result from the lack of opposing testimony. The primary study was designed to clarify the findings of the pilot investigation and to approximate a more authentic court situation by including an opposing expert. Witness credentials were manipulated while testimony remained constant. Some subjects were exposed to the Ph.D. for the defense and M.D. for prosecution and others to the M.D. for the defense and Ph.D. for the prosecution. Medical bias was evident in this study, again measured by the tendency to follow the recommendations of the M.D. and endorse attitudes consistent with those recommendations. Additionally, subjects tended to evaluate the psychiatrist more favorably than the psychologist. Subjects with low issue involvement were more susceptible to the influence of the medical expert. Highly issue involved subjects maintained their initial attitudes. Attitudes, issue involvement and credentials seemed to affect memory for facts of the case. In some instances, initial attitudes became stronger when mock jurors were exposed to the opposing view (polarization). Implications and limits of these findings were explored.
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Allen, Shelley. "Occupational therapy expert opinion on work capacity : a grounded theory /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19184.pdf.
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Capasso, Valentina. "Tractent fabrilia fabri : du juge "expert" au "jugement" des experts ?" Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3004.
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Face à la crise de la justice, le législateur a toujours réagi en modifiant les codes, mais l’analyse économique du procès montre l’insuffisance des reformes de procédure. En effet, les buts principalement poursuivis par le législateur (réduction de la demande de justice et accélération du procès) moyennant le changement des règles du jeu sont souvent méconnus en raison, entre autres, du comportement stratégique des acteurs du procès.Le seul domaine qui laisse apercevoir des potentialités encore inexploitées est celui de la spécialisation du juge ; mais la spécialisation, à la fois juridique et épistémique, rencontre une forte résistance culturelle, probablement liée à l’image – sociologique et juridique – du juge, qui s’est construite et consolidée au fil du temps. C’est l’image d’un surhomme à l’abri des passions et des préjugés cognitifs et surtout omniscients : d’où l’idée que iura novit curia et que le juge soit peritus peritorum.La recherche ici conduite vise toutefois à montrer la distance entre ces adages et la réalité et que les dispositions de la loi, modelées sur cette image idéale, finissent à être déformés, voire ignorées ; souvent au détriment (d'au moins une) des parties.D'où l'idée selon laquelle le centre de gravité de la discipline devrait être transféré du procès au juge ; ce qui implique, d'une part, la nécessité de comprendre ce dernier en tant qu'homme, en s’appuyant sur des recherches interdisciplinaires ; de l'autre, une révision des procédures de sélection de la personne du magistratIn order to face the crisis of the justice system, the legislator has always reacted by modifying the codes, but the economic analysis shows the inadequacy of the procedural reforms. Indeed, the goals mainly pursued by the legislator (reduction of the demand for justice and acceleration of the trial) by changing the rules of the game are often ignored because, among other things, of the strategic behaviour of the actors of the trial.The only area which reveals still unexploited potentialities is that of judge’s specialization; but specialization, both legal and epistemic, encounters strong cultural resistance, probably related to the judge's sociological and legal image, which has been built and consolidated over time. It is the image of a superman, hidden from passions and cognitive prejudices and, above all, omniscient: hence, the idea that iura novit curia and that the judge is peritorum peritum.The research conducted here, however, aims to show the distance between these adages and reality and that the provisions of the law, shaped on the basis of this ideal image, end up being distorted, if not ignored; often at the expense (of at least one) of the parties. For these reasons, it is suggested that the focus of the discipline should be transferred from the trial to the judge; but this shift implies, on the one hand, the need to understand the latter as a man, thus relying on interdisciplinary research; on the other, a revision of the selection procedures of the magistrate's person
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Wong, Joseph Kin. "The future trend in the use of expert witness in international construction disputes." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21324281a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2006.Master of arts in arbitration and dispute resolution, City University of Hong Kong, School of Law. Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.
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James, Hazel. "Criminal responsibility, abnormal mental states, and the functions of expert medico-psychological evidence." Thesis, University of Nottingham, 2005. http://eprints.nottingham.ac.uk/13328/.
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This thesis exammes the interaction of law and medico-psychology in homicide cases, where the defences of insanity and diminished responsibility in particular are raised. If the defendant's mental state is subject to scrutiny through the defences, then expert medico-psychological evidence is required, yet law and medico-psychology have very different understandings on the mind and very different roles with regard to assessing individuals. Expert medico-psychological evidence can be submitted in the consideration of criminal responsibility, when sentencing is concerned with whether prison or hospital is most appropriate, and for release decisions involving judgments about the defendant's potential risk and dangerousness. The examination of the interaction between law and medico-psychology incorporated three dimensions. First, an exposition of the respective theoretical positions of the two disciplines on the mind, detailing the pertinent legislative and common law rules. The second analysed the judicial interpretations of the medico-psychological terms and concepts contained in the substantive law, and in addition, the controls developed through judicial reasoning on the procedural role of the expert and the admission of expert testimony. Finally, the practitioners' perspective is explicated, which was obtained by conducting interviews with lawyers and medico-psychological expert witnesses. There are two facets to the research conclusions, which simplistically stated are: first, in terms of the interaction between law and medico-psychology, the law uses medico-psychological concepts and evidence in a symbolic manner to facilitate legal objectives. Secondly, the examination of the nature of the interaction through the three dimensions exposed the fundamental difference between the theoretical legal debates and the practitioners' perspective. Although the former normally informs legislative and reform discussions, it seems from this research that consideration needs to be given to all the dimensions in future reform debates.
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Wallace, Anne Maree. "Justice and the 'virtual' expert : using remote witness technology to take scientific evidence." Phd thesis, Faculty of Law, 2011. http://hdl.handle.net/2123/8986.
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Saks, Michael J., Thomas Albright, Thomas L. Bohan, Barbara E. Bierer, C. Michael Bowers, Mary A. Bush, Peter J. Bush, et al. "Forensic bitemark identification: weak foundations, exaggerated claims." OXFORD UNIV PRESS, 2016. http://hdl.handle.net/10150/622734.
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Several forensic sciences, especially of the pattern-matching kind, are increasingly seen to lack the scientific foundation needed to justify continuing admission as trial evidence. Indeed, several have been abolished in the recent past. A likely next candidate for elimination is bitemark identification. A number of DNA exonerations have occurred in recent years for individuals convicted based on erroneous bitemark identifications. Intense scientific and legal scrutiny has resulted. An important National Academies review found little scientific support for the field. The Texas Forensic Science Commission recently recommended a moratorium on the admission of bitemark expert testimony. The California Supreme Court has a case before it that could start a national dismantling of forensic odontology. This article describes the (legal) basis for the rise of bitemark identification and the (scientific) basis for its impending fall. The article explains the general logic of forensic identification, the claims of bitemark identification, and reviews relevant empirical research on bitemark identification-highlighting both the lack of research and the lack of support provided by what research does exist. The rise and possible fall of bitemark identification evidence has broader implications-highlighting the weak scientific culture of forensic science and the law's difficulty in evaluating and responding to unreliable and unscientific evidence.
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Emele, Chukwuemeka David. "Informing dialogue strategy through argumentation-derived evidence." Thesis, University of Aberdeen, 2011. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=179453.
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In many settings, agents engage in problem-solving activities, which require them to share resources, act on each others behalf, coordinate individual acts, etc. If autonomous agents are to e ectively interact (or support interaction among humans) in situations such as deciding whom and how to approach the provision of a resource or the performance of an action, there are a number of important questions to address. Who do I choose to delegate a task to? What do I need to say to convince him/her to do something? Were similar requests granted from similar agents in similar circumstances? What arguments were most persuasive? What are the costs involved in putting certain arguments forward? Research in argumentation strategies has received signi cant attention in recent years, and a number of approaches has been proposed to enable agents to reason about arguments to present in order to persuade another. However, current approaches do not adequately address situations where agents may be operating under social constraints (e.g., policies) that regulate behaviour in a society. In this thesis, we propose a novel combination of techniques that takes into consideration the policies that others may be operating with. First, we present an approach where evidence derived from dialogue is utilised to learn the policies of others. We show that this approach enables agents to build more accurate and stable models of others more rapidly. Secondly, we present an agent decision-making mechanism where models of others are used to guide future argumentation strategy. This approach takes into account the learned policy constraints of others, the cost of revealing in- formation, and anticipated resource availability in deciding whom to approach. We empirically evaluate our approach within a simulated multi-agent frame- work, and demonstrate that through the use of informed strategies agents can improve their performance.
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Martire, Kristy Anne Psychology Faculty of Science UNSW. "Helping jurors to evaluate eyewitness identifications: the role of expert evidence and judicial instruction." Publisher:University of New South Wales. Psychology, 2008. http://handle.unsw.edu.au/1959.4/40801.
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Psychologists, legal practitioners and scholars share the knowledge that honest eyewitnesses can err in their attempts to identify the perpetrator of a crime. This thesis reports an experimental investigation of the extent to which expert evidence and judicial instruction can improve juror ability to discriminate between accurate and inaccurate identifications. Special attention is also paid to the logic of inferences which have been made by psychologists regarding the efficacy of expert evidence, and compares methodologies adopting direct measures of participant Sensitivity to Eyewitness Accuracy (SEA) with those that can only indirectly assess this construct. Study 1 surveys the knowledge and opinions of legal professionals regarding eyewitness identification issues (n = 35), showing that respondents expressed doubts that judicial instructions would exert an effect equivalent to that of eyewitness expert evidence. Accordingly, Experiments 1 to 4 (Experiment 1, n = 104; Experiment 2, n = 238; Experiment 3, n = 228; Experiment 4, n = 297) were conducted to directly assess the relative impacts of judicial instruction and expert evidence on participant juror SEA. The methodology utilised in these investigations incorporated the testimony of real eyewitnesses to a staged crime scenario in order to assess the impact of instruction on juror ability to discriminate between known accurate and known inaccurate eyewitnesses. Overall, little evidence was found to support the notion that expert evidence is more effective than judicial instruction, as no significant association was identified between instruction type and SEA. This result was found to hold irrespective of the objective quality of the expert?s testimony (accurate or erroneous). In light of the results from Experiments 1 to 4, Experiment 5 was designed to investigate why the experts were not able to improve the discrimination accuracy of the jurors. This study focused on the extent to which participants of varying levels of expertise could correctly classify eyewitness accuracy. The results of Experiment 5 (n = 145) suggest that experts were no better able to discriminate between accurate and inaccurate eyewitnesses than novice laypeople. Overall, the evidence reported in this thesis raises serious questions regarding the utility of eyewitness expertise in the completion of eyewitness discrimination tasks.
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Kampen, Petronella Theodora Cornelia van. "Expert evidence compared : rules and practices in the Dutch and American criminal justice system /." Antwerpen : Intersentia Rechtswetenschappen, 1998. http://www.gbv.de/dms/spk/sbb/recht/toc/253487064.pdf.
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Abu-Baker, Ben-Younis Huda M. "Expert evidence in criminal proceedings : a comparative study (English adversarial and Libyan inquisitorial systems)." Thesis, Manchester Metropolitan University, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.420864.
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Shaba, Flora. "Critical analysis of expert evidence used in support of the battered woman syndrome defence." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/31640.
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The South Africa criminal law allows the battered woman to raise a battered woman syndrome defence in the context of non-pathological criminal incapacity. However, there is a need of expert evidence to support such defence for it to succeed in the court of law. Hence, this paper scrutinizes the task of expert evidence in support of the battered woman syndrome in order to reach the extent of its effectiveness. Nevertheless, such evidence is not indispensable but without it, the court hardly gets persuaded resulting into the failure of the defence. The meaning of battered woman syndrome is articulated in the paper as well as the fact that battered woman syndrome defence falls under the defence of non-pathological criminal incapacity. The origin and development of the non-pathological criminal incapacity has also been discussed by comparing it with pathological criminal incapacity which emanates from mental illness while the former does not originate from a mental illness. Psychiatrist are in a better position to understand the latter while psychologists are in a better position to understand the former, hence it is advisable if the court pays more attention or attach more weight to the evidence given by the psychologists if this defence is to succeed and have a brilliant future. Moreover, the possible defences available to the battered woman have been mentioned as well as the cases that used non-pathological criminal incapacity as a defence particularly with regard to the battered woman syndrome defence. Both cases that were successful and unsuccessful have been elaborated. However, the cases that failed with the defence are in large numbers than the successful ones. Although expert evidence is essential to support the battered woman syndrome defence, it is unjustly and unfairly applied on the battered woman who is an accused person in the court leading to the failure of the defence .In short the use of expert evidence has failed in its application as the two professions, law and medicine has failed to make this defence work as they have not reached an agreement concerning the battered woman syndrome defence. In addition, the paper looks at the obstacles linked with the battered woman syndrome defence as well as offering suggestions to be put in place in order to make the use of expert evidence achievable. This can only be done if both the lawyers and mental health professionals come to terms with each other where they are able to understand the battered woman syndrome and the actions which led to the situation where battered woman finds herself as an accused person. Finally, the paper concludes that expert evidence has failed tremendously in its application leading to the failure of the battered woman syndrome defence in the context of non-pathological criminal incapacity. Consequently a lot still needs to be done to protect the women who face numerous obstacles; both personal and legal as they do not face justice in court and everyone must take part to put an end to battering of women which is inhuman and morally wrong.Dissertation (LLM)--University of Pretoria, 2012.
Public Law
unrestricted
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Sinfield, Laura Nancy. "Use and usefulness of forensic archaeology and forensic anthropology in Great Britain." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/10054.
Full textAbstract:
This thesis explores the extent to which forensic archaeology and forensic anthropology are utilised within Great Britain and to what extent they aid, or do not aid, medico-legal investigation of death. Chapter One introduces the topic and considers the need for an exploration of these issues. In Chapter Two, the differences between the American and British situations are examined and an explanation for the differences proposed, based on the development of the academic ‘parent’ disciplines during the last century. Chapter Three explores issues around accreditation and registration in the UK. The role of the courts in maintaining standards of expert evidence is examined. National and European schemes are considered. After considering the practitioners in this way, Chapter Four looks at the methods, and how the practitioners’ experience informs their choice of method. One specific topic for each discipline is discussed in depth and the complexity of choice illustrated. The difficulty in assessing the full scope for use of forensic archaeology and forensic anthropology are detailed in Chapter Five, with the marked lack of available research data. The problems inherent in media-derived data are considered. The scope for use of the two disciplines is discussed and illustrated with examples from the Media Derived Case List In Chapter Six, a complex multiple-burial multiple-murder case is discussed; and interviews across one police force area are discussed. These illustrate the use and usefulness of forensic archaeology in practice. Conclusions are drawn in Chapter Seven, and radical recommendations are made.
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Slot, Janneke. "An evaluation of the forensic accountant's role in criminal law proceedings / by J. Slot." Thesis, North-West University, 2013. http://hdl.handle.net/10394/9839.
Full textAbstract:
Forensic accountants are occasionally called upon to assist in criminal law proceedings. The role of the forensic accountant in such proceedings is usually determined during the engagement of the forensic investigation to assist in the matter under investigation. During such investigations, various investigation techniques may be utilised by the forensic accountant in order to convey the facts and findings of the forensic investigation in a written report, drafted by the forensic accountant. When criminal prosecutions are instituted and the forensic accountant is called upon to act as an expert witness, such evidence is mostly based on the findings of the written report. Thus, in giving evidence, the forensic accountant must ensure that the testimony and evidence will be admissible in court and that the forensic accountant is found to be a credible witness.
Although there are various legal standards that the forensic accountant must adhere to, the ICFP, which is the South African regulatory body for commercial forensic practitioners, is still in its infancy and has as yet not set any standards with which forensic accountants must comply with when assisting in criminal investigations or drafting written reports.
The objective of this study is to highlight the role of the forensic accountant in criminal law proceedings. This objective is reached by clarification of the following:
• the difference between a forensic accountant and an auditor;
• the techniques available to the forensic accountant when conducting a forensic investigation;
• the standards with which a forensic accountant‘s report should comply; and
• the forensic accountant‘s role in testimony.
The study illustrates the difference between a forensic accountant and an auditor and suggests a definition for a forensic accountant. The study furthermore explores various techniques that the forensic accountant may utilise during the investigation. The study also analyses the legal standards with which a forensic accountant must comply in order to ensure the admissibility of the written report and its findings. In order to achieve this, international regulatory standards applicable to forensic accountants are analysed and discussed. Finally, the role of the forensic accountant in court proceedings is examined.
The illustrations in this study will be helpful in determining standards that could be implemented in South Africa to guide forensic accountants in their role in criminal law proceedings.Thesis (MCom (Forensic accountancy))--North-West University, Potchefstroom Campus, 2013.
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Fagence, Anna. "The use and potential problems of neuropsychological evidence in Australian tort litigation." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2014. https://ro.ecu.edu.au/theses/1009.
Full textAbstract:
Australian lawyers often request psychologists assess plaintiffs for brain injury tort litigation, but it is unknown why they do this and how they use the expert neuropsychological report. It is crucial to know this because international authors argue that the way lawyers use and manage the neuropsychological evidence they commission may introduce unconscious bias into psychologists’ expert opinions. Unconscious bias within such evidence jeopardises the procedural justice of Australian brain injury tort litigation. Therefore, the present study explored how Australian tort litigation lawyers use expert neuropsychological evidence and how plaintiff lawyers advise and prepare their clients for neuropsychological assessments. In Stage One, 10 Western Australian lawyers involved in neuropsychological tort litigation were interviewed and reported that expert neuropsychological evidence primarily assists them to describe a plaintiff’s injury, and to quantify the plaintiff’s level of impairment as caused by the injury. The lawyers also reported that they provide plaintiffs with information about brain injury symptoms and details about the neuropsychological assessment. Stage Two explored whether the Stage One themes were germane to lawyers from other states. Seventy-seven Australian lawyers completed an anonymous web-based survey constructed from the Stage One themes and limited international research literature. The results confirmed the themes applied to lawyers in all Australian legal jurisdictions. The findings suggest that the way Australian lawyers use expert neuropsychological evidence and prepare their clients for neuropsychological assessments may engender unconscious bias within the psychologist’s evidence in favour of the client. The implications of the study’s findings are discussed, emphasising that Australian psychologists must modify their practices to ensure their expert neuropsychological evidence is procedurally fair.
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Dzeguze, Andrew Bryan. "Exploring District Judges' Decision Making in the Context of Admitting Expert Testimony." PDXScholar, 2018. https://pdxscholar.library.pdx.edu/open_access_etds/4392.
Full textAbstract:
Over the last several decades, multiple schools of thought have emerged regarding what impacts judicial decision making. In contrast to the classic legal model, studies have argued alternatively that judges are policy actors who rule consistent with their political attitudes; that behavioral traits such as race, gender and socialization influence judicial conduct, both consciously and unconsciously; that whatever policy interests judges may have, these are moderated by institutional constraints and strategic considerations; and that judges are subject to some common cognitive shortcuts in decision making, although they may be moderated or present differently than in the general population in light of their training and experience.
Most of these studies, particularly in political science, have tended to focus on Supreme Court or appellate decisions on politically salient subject matter such as the scope of the Fourth Amendment or racial discrimination. The cognitive studies, by comparison, have primarily used experimental conduct, often with artificially extreme variations between legal and factual issues to assess the impact of legal training. Other than field review articles, most have focused on a single potential explanatory variable such as ideology, gender or legal training. To date, there has been very limited study of the more routine tasks judges engage in at the trial court level such as pre-trial evidentiary rulings or comparative assessments of the relative explanatory power of factors drawn from multiple approaches to decision making.
The present study involved both a qualitative and quantitative assessment of Federal district court decisions on the admissibility of expert witnesses. Employing thematic analysis of all cases involving a substantive analysis of this issue from 2010-2015 in nine district courts, a default pattern emerged that judges are reluctant to exclude experts except in extreme cases. Moreover, judges appear to have adopted several practices consistent with minimizing the cognitive burden of decision making. These findings suggest that judges are acting consistently with legal norms and the broad outlines of legal precedent, but in a manner which may lead to sub-optimal outcomes in some circumstances. Quantitative analysis of the same data suggests that judges are subject to a variety of significant influences including legal precepts, political ideology and cognitive heuristics in different settings. Moreover, the influence of issues such as ideology appear to be associated with some courts and not others, with circuit level precedent being the most obvious intervening factor to explain the difference.
The circuit level impacts on behavior and several other findings in this study suggest that much more nuance is present than is normally acknowledged in the study of judicial decision making. The results of this study also suggest policy makers should account for cognitive tendencies in crafting legal standards and precedents as well as legal education. Finally, it posits that practitioners can maximize their odds of success on motions to exclude expert witnesses through similar awareness of what influences judicial conduct, especially but not limited to cognitive limitations in rendering judgments under time constraints and conditions of uncertainty.
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Kruvand, Marjorie Cameron Glen T. "Bioethicists in the news the evolving role of bioethicists as expert sources in science and medical stories /." Diss., Columbia, Mo. : University of Missouri--Columbia, 2008. http://hdl.handle.net/10355/7114.
Full textAbstract:
Title from PDF of title page (University of Missouri--Columbia, viewed on Feb. 23, 2010). The entire thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file; a non-technical public abstract appears in the public.pdf file. Dr. Glen T. Cameron, Dissertation Supervisor. Vita. Includes bibliographical references.
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Nicolau, Maira Ceschin. "A valoração da prova pericial no processo do trabalho." Pontifícia Universidade Católica de São Paulo, 2012. https://tede2.pucsp.br/handle/handle/5921.
Full textAbstract:
Made available in DSpace on 2016-04-26T20:21:07Z (GMT). No. of bitstreams: 1
Maira Ceschin Nicolau.pdf: 651901 bytes, checksum: 0b5d59c4aa7d6d40dbb603c6561cd398 (MD5)
Previous issue date: 2012-08-24The present study aims to analyze aspects of expert evidence and its peculiarities in the process of work, especially when it comes to production and value. In general, all chapters tackle the idea of the research developed over the work. The first chapter discusses the concept and development of systems of evaluation of evidence, particularly the current ruling system: a system of rational persuasion or conviction self motivated. In the second chapter, before entering the concepts inherent in the expert evidence, attempts to trace the concepts of the general theory of testing (concept, object, purpose), to later study of expert evidence, with its concepts and meanings. Species and classification of expert evidence are discussed in chapter three and four, respectively. The fifth chapter examines the actions and procedures involving the execution of a skill, with emphasis on issues related to the time of production of expert evidence, denial and rejection of expert evidence and the expert report. In the sixth chapter, we discuss the question of determinant power experts evidence in court. The seventh and final chapter, on the basis of the entire approach taken in the previous chapters and regulation based on legal, doctrinal teachings and jurisprudence, is exactly the problems and situations involving the need or no experience and also transported, faces questioning over whether or not the judge bound by its outcome, concluding at the end that in the case of the technical evidence, the conclusion obtained by performing the same force the judge
O presente estudo tem por objetivo analisar os aspectos inerentes à prova pericial e suas peculiaridades no processo do trabalho, principalmente quando se trata de sua produção e valoração. De modo geral, todos os capítulos buscam sedimentar a ideia central da pesquisa desenvolvida ao longo do trabalho. O primeiro capítulo aborda a noção e evolução dos sistemas de apreciação da prova, com destaque para o sistema atual vigente: sistema da persuasão racional ou do livre convencimento motivado. O segundo capítulo, antes de adentrar aos conceitos inerentes à prova pericial, busca traçar noções sobre a teoria geral da prova (conceito, objeto, finalidade), para após se aprofundar no estudo da prova pericial, com seus conceitos e significados. As espécies e classificação da prova pericial são analisadas no terceiro e quarto capítulo, respectivamente. O quinto capítulo estuda os atos e procedimentos que envolvem a realização de uma perícia, com destaque para questões que envolvem o momento da produção da prova pericial, o indeferimento e dispensa da prova pericial e, ainda, o laudo pericial. No sexto capítulo, é abordada a questão do poder instrutório do juiz na prova pericial. O sétimo e último capítulo, com base em toda a abordagem feita nos capítulos anteriores, bem como com base no regramento legal, nos ensinamentos doutrinários e na jurisprudência, trata exatamente das questões e situações que envolvem a necessidade ou não da perícia e, ainda, em sendo esta realizada, enfrenta o questionamento relativo a estar ou não o julgador vinculado ao seu resultado, concluindo, ao final, que, por se tratar de prova técnica, à conclusão obtida através da realização da mesma deve o juiz se vincular
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Jacobs, Catharina Jacoba. "Forensiese maatskaplike werk as spesialiteitsrigting : 'n verkennende studie / C.J. Jacobs." Thesis, North-West University, 2007. http://hdl.handle.net/10394/3725.
Full textAbstract:
This study explored the question whether forensic social work meets the requirements set by the South African Council for Social Service Professions (SACSSP) for registration as a specialist field. The requirements are as follows:
• It should be an identifiable and definable field in social work.
• It should not be a form of intervention.
• It should include a distinctive field of social work and not be shared with other professions.
• It requires specialized knowledge, skills and experience from the social worker.
It has been concluded that forensic social work does indeed meet the requirements for registration and it is recommended that it be registered as such.Thesis (M.A. (MW Forensic))--North-West University, Potchefstroom Campus, 2009.
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Martin, Mary-Anne. "Psychological assessment for the courts : A survey of psychologists." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1999. https://ro.ecu.edu.au/theses/1262.
Full textAbstract:
The literature relevant to legal standards in criminal, family, and civil settings in relation to psychological assessments for the courts is reviewed. Although over the past twenty years, a number of specialised forensic instruments have been developed for use in forensic settings, it appears that they are infrequently used. Surveys of test use patterns reveal that psychological test use in forensic settings is virtually identical to that in clinical settings, despite the different nature of the referral questions. The debate about the use of psychological tests in forensic assessments, and research on the use of tests in these assessments is also discussed. Research into the quality of forensic evaluations and psychological evidence in court was explored. Literature about evaluation practices and the experiences of psychologists within legal settings is also discussed. Australian psychologists who do forensic assessments for the courts were surveyed about their work settings, experience, training, evaluation practices, and experiences of the legal system. Responses were received from 79 participants who worked in institutional and/or private practice settings. In general, psychologists who do forensic work are satisfied with their experiences in court. This suggests that psychological evidence is well accepted by the courts. The implications of unquestioning acceptance of psychological evidence by the courts are discussed. The results revealed a high use of neuropsychological tests (seven of the top ten most frequently used tests) in forensic assessments in comparison to results from studies in USA and UK. These results highlight the need for a focus on neuropsychology in forensic courses. The survey offers a profile of Australian psychologists providing psychological assessments for the courts.
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Golru, Sara. "Judging Your Genome: Adducing Genetic Evidence to Support or Refute Causation in Australian and American Toxic Tort Litigation." Thesis, The University of Sydney, 2022. https://hdl.handle.net/2123/29777.
Full textAbstract:
This thesis answers the following question, ‘Does genetic information alleviate or exacerbate the causal uncertainty in toxic torts?’ In doing so, it provides an original contribution to knowledge, by critically examining Australian and United States (‘US') case law and literature focusing on genetic evidence in toxic torts. A comprehensive analysis of the case law and literature is vital to inform best practice for the future by identifying the past, present and predicted impact and challenges of genetic evidence.
The comparative case law analysis has ultimately demonstrated that, if used properly, this evidence could shed light on causation, especially when viewed alongside all the other available evidence. However, without further guidance on the utility of such markers, this evidence will only further confuse and mislead the judge or jury. This could exacerbate the problem of causal indeterminacy, leading to inconsistent case outcomes and posing further obstacles to meritorious claims. This thesis therefore concludes that there is a strong need for practice-oriented instruments designed to assist courts, legal professionals and litigants in considering the strengths and weaknesses of genetic
markers as a means of proving or disproving causation. As articulated throughout the thesis, a Reference Guide would help to ensure that the probative value of genetic evidence is properly weighed against any potential harms. The proposed guide would mimic the structure and contents of Chapters 4-7 of this thesis, containing a
comprehensive survey of the case law and literature, and a detailed explanation and analysis of both the legal and scientific issues pertaining to genetic evidence. The findings outlined in this thesis extend to a wide variety of legal areas where health-related genetic evidence is likely to be used including medical negligence, employment law, criminal law, family law and insurance claims (such as workers’ compensation or life insurance).
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Johnston, Craig. "Establishing a formal training program to prepare rehabilitation counselors for expert testimony." Connect to resource, 2005. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1123516553.
Full textAbstract:
Thesis (Ph. D.)--Ohio State University, 2005.Title from first page of PDF file. Document formatted into pages; contains xii, 171 p. Includes bibliographical references (p. 137-153). Available online via OhioLINK's ETD Center
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Harrison, Rebecca Jane. "Scientific evidence and the toxic tort : a socio-legal study of the issues, expert evidence and judgment in Reay and Hope v. British Nuclear Fuels plc." Thesis, London School of Economics and Political Science (University of London), 1999. http://etheses.lse.ac.uk/2002/.
Full textAbstract:
Providing a socio-legal analysis of the issues, expert evidence and judgment in Reay and Hope v BNFL plc., the thesis offers an insight into the complexity of the toxic tort. Starting with an overview of the history of Sellafield, the thesis reflects on the scientific and epidemiological concerns surrounding the link between childhood cancer and nuclear installations. Drawing on scientific knowledge and epistemological considerations, the thesis moves on to the difficulties of verifying causation in science and the problems of establishing causation in law. Outlining the role of the expert witness and scientific expert evidence, the thesis proceeds with a case analysis, before broaching the thorny issue of judicial decision making and in particular, the difference between the 'discovery' and 'justification' process. Moving on to the Judgment in Reay and Hope, attention is given to the potential application of probability theory to the judicial decision making process. Lasting just short of one hundred days and including the testimony of numerous scientific experts, Reay and Hope marked new ground in a number of ways; it was the first personal injury claim to test the concept of genetic damage from radiation; the only time that a Queen's Bench Division Judge had been allocated a full-time judicial assistant; and one of the first trials to endorse a satellite video link for examination of international expert witnesses. As far as judicial management is concerned, the case was a forerunner in having Counsels' Opening Statements in writing in advance of the trial, as well as having written daily submissions of key issues from plaintiffs and defendants upon conclusion of oral evidence. The circumstances that led to the trial relate to events in excess of thirty to forty years ago when the fathers of Dorothy Reay and Viven Hope were employed by the Defendants and their predecessors (the United Kingdom Atomic Energy Authority) as fitters for the Sellafield Plant. Intrinsic to the litigation was whether paternal preconception irradiation caused or materially contributed to a predisposition to cancer leading to Dorothy's death from leukaemia and Vivien Hope's non-Hodgkin's lymphoma. As a consequence of the various statutory provisions, the Plaintiffs did not need to prove negligence on the part of the Defendants. In order to succeed the Plaintiffs had to prove on the balance of probabilities that radiation from Sellafield was a material contributory cause of the Plaintiffs' disease. The fundamental issue therefore was causation. In addition to the case analysis, two pieces of empirical research were conducted for the purposes of this thesis. The first, a Social Survey (consisting of thirty four questions) was circulated to 160 members of the Academy of Experts (quantitative research); the second, a letter, involved written communication with sixty five judges from the Queen's Bench Division of the High Court (qualitative research). Underlying this socio-legal case analysis are fundamental questions with regard to existing legal principles, liability and judicial decision making.
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MICHNIUK, KAROLINA. "PATTERN RECOGNITION APPLIED TO CHART ANALYSIS. EVIDENCE FROM INTRADAY INTERNATIONAL STOCK MARKETS." Doctoral thesis, Universitat Politècnica de València, 2017. http://hdl.handle.net/10251/78837.
Full textAbstract:
Technical analysis as a sophisticated form of forecasting technique has a varying popularity in the academic and business world. In the past, users were sceptical about technical trading rules and their performance. This is substantiated by the acceptance of the Efficient Market Hypothesis and mixed empirical findings about technical analysis in widely cited studies.
The flag pattern is seen as one of the most significant spread chart patterns amongst stock market charting analysts. The present research validates a trading rule based on the further development of
flag pattern recognition. The research question concentrates on whether technical analysis applying the flag pattern can outperform international stock markets indices and prove the inefficiency of these markets. The markets observed are represented by the corresponding indices DAX (Germany), DJIA (United States) and IBEX (Spain).
The design of the trading rule presents several changes with respect to previous academic works: The wide sample used when considering intraday data, together with the confiuration of some of the variables and the consideration of risk, concludes that the trading rule provides greater positive risk-adjusted returns than the buy-and-hold strategy which is used as a benchmark. The reported positive results strengthen the robustness of the conclusions reached by other researchers.El análisis técnico es una forma sofisticada de técnica de predicción cuya popularidad ha ido variando en el mundo académico y de los negocios. En el pasado, los usuarios eran bastante escépticos respecto de las reglas técnicas de trading y su performance. Todo esto, se encuentra sustentado por la aceptación de la hipótesis del mercado eficiente y descubrimientos empíricos mixtos sobre el análisis técnico, que se mencionan en un número amplio de estudios. El patrón bandera es visto como uno de los patrones gráficos más significativo y difundido entre los analistas técnicos de mercado. El presente estudio valida una regla de trading basada en el desarrollo futuro del reconocimiento gráfico del patrón bandera. La pregunta de investigación se centra en si el análisis técnico basado en el patrón bandera puede batir los índices internacionales de mercado y probar, de esta manera, la ineficiencia de dichos mercados. Los mercados observados son representados por los correspondientes índices DAX (Alemania), DJIA (Estados Unidos) e IBEX (España). El diseño de la regla de trading presenta varios cambios y novedades con respecto a trabajos académicos previos. La amplia muestra usada al considerar los datos intradía, junto con la configuración de algunas variables y la consideración del riesgo, confirman que la regla de trading proporciona mejores, y más ajustadas al riesgo, rentabilidades positivas que la estrategia de buy-and-hold que se utiliza como referencia. Los resultados positivos corroboran la robustez de las conclusiones a las que también se llegan en otros trabajos.
L'anàlisi tècnica és una forma sofisticada de tècnica de predicció, la popularitat de la qual ha anat variant al món acadèmic i dels negocis. En el passat, els usuaris eren bastant escèptics respecte de les regles tècniques de trading i la seva performance. Tot això, es troba sustentat per l'acceptació de la hipòtesi del mercat eficient i descobriments empírics mixts sobre l'anàlisi tècnica, que s'esmenten en un nombre ampli d'estudis. El patró bandera és vist com un dels patrons gràfics més significatiu i difós entre els analistes tècnics de mercat. El present estudi valida una regla de trading basada en el desenvolupament futur del reconeixement gràfic del patró bandera. La pregunta de recerca se centra en si l'anàlisi tècnica basada en el patró bandera pot batre els índexs internacionals de mercat i provar, d'aquesta manera, la ineficiència d'aquests mercats. Els mercats observats són representats pels corresponents índexs DAX (Alemanya), *DJIA (Estats Units) i IBEX (Espanya). El disseny de la regla de trading presenta diversos canvis i novetats pel que fa a treballs acadèmics previs. L'àmplia mostra usada en considerar les dades intradia, juntament amb la configuració d'algunes variables i la consideració del risc, confirmen que la regla de trading proporciona millors, i més ajustades al risc, rendibilitats positives que l'estratègia de buy-and-hold que s'utilitza com a referència. Els resultats positius corroboren la robustesa de les conclusions a les quals també s'arriben en altres treballs.
Michniuk, K. (2017). PATTERN RECOGNITION APPLIED TO CHART ANALYSIS. EVIDENCE FROM INTRADAY INTERNATIONAL STOCK MARKETS [Tesis doctoral no publicada]. Universitat Politècnica de València. https://doi.org/10.4995/Thesis/10251/78837
TESIS
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Al-Darweesh, Jamal. "The reliability of defence expert evidence in Kuwait criminal justice system : a comparative study with proposals for reform." Thesis, University of Strathclyde, 2005. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=21608.
Full textAbstract:
This study investigated the reliability of defence expert evidence in the Kuwaiti criminal justice system using a comparative approach. The professional standing and code of practice of prosecution experts in Kuwait and Egypt and defence experts in the UK was used as a baseline. The present level of professional standing of defence experts in Kuwait and whether they were qualified to undertake forensic work was examined. The private sector practice in criminal cases in respect of the methods and procedures during evidence handling and processing from crime scene to court was investigated with special reference to the proper application of quality standards. The court monitoring system of expert evidence by defence lawyers was considered as a vital element providing a better support for the appropriate application of quality standards within forensic practices. The level of awareness of forensic science practice by defence solicitors in Kuwait, Egypt and the UK was examined with reference to their ability to participate in the court monitoring system of expert evidence. The findings are supported by survey responses, data from interviews, information gleaned from relevant criminal cases and studies on the use of expert evidence in criminal trials. Document authentication, handwriting analysis, pathology, and medical examination were found to be the only expertise available to the defence in Kuwait. The quantitative and qualitative data and their analysis have shown that defence experts giving evidence in these areas were not qualified to undertake forensic casework. Since they had operated in their single-person organisations, they were not involved in continuing professional development and they provide courts with expert evidence which is based only on experience. Some of them gave opinion evidence on matters outside the area of their immediate forensic discipline. In practice, there were no indicators that they followed protocols which give rise to quality forensic evidence. A peer review system was also not in operation in their practice. The level of awareness of forensic science practice by defence solicitors in Kuwait was also regarded as not sufficient to spot weaknesses in the forensic practice and in the opinion and scientific evidence given by experts, thus increasing the risk of presenting unreliable expert evidence in court. This study explored the weaknesses in defence expert evidence in particular and in the forensic practice in general. The findings have recommendationsf or raising standards of defence expert evidence in Kuwait and guidelines were given for the establishment of reliable expert evidence in Kuwaiti and Egyptian criminal courts.
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Singleton, Scott E. "Drawing inferences in the proof of native title: Historiographic and cultural challenges and recommendations for judicial guidance." Thesis, Queensland University of Technology, 2018. https://eprints.qut.edu.au/119688/1/Scott_Singleton_Thesis.pdf.
Full textAbstract:
This thesis develops "Inference Guidelines" for the proof of connection requirements in native title determinations, in the form of a "Bench Book." This is in accordance with recommendations in the Australian Law Reform Commission's 30 April 2015 report "Connection to Country: Review of the Native Title Act 1993 (Cth)." This thesis finds that the existing case law provides a strong foundation for clear and consistent principles for inferential reasoning in native title cases, which can be supplemented by considerations drawn from historiographic and epistemological debates, cultural and linguistic challenges, and inferential theory, to form comprehensive, consistent and transparent Inference Guidelines.
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Vázquez, Rojas María del Carmen. "La prueba pericial. Entre la deferencia y la educación." Doctoral thesis, Universitat de Girona, 2014. http://hdl.handle.net/10803/284763.
Full textAbstract:
The use of expert knowledge in our specialized societies is constantly rising in all kinds of human activities. The same situation is observed in trials, where more and more judicial decisions are making based on expert evidence. There are two main categories of expert evidence: one of them developed by an expert hired by a party according with his interests, the other one performed by a court appointed expert. Among their differences are the ones that the party’s expert is per-se the expert chosen by one of the sides, carries on the pertinent tests without a procedure control, presenting to the judge statements over the facts that he has to value. On the other side, the court appointed expert is named by the judge, carries out the tests under the procedure frame and, for this, is susceptible to the procedure control, amen to the existence of a possibility that the judge specifies the epistemic necessities of the case. Once their differences are identify is necessary to reflect them in the admissibility, hearing and assessment of each category of expert evidenceEn nuestras sociedades actuales, cada vez más especializadas, el uso del conocimiento experto es una constante en prácticamente todas las actividades del ser humano. En los procesos judiciales actuales no podría ser de otra manera dado precisamente el ámbito social del que son reflejo. Así pues, cada vez se toman más decisiones judiciales con fundamento en la expertise de un sujeto que es llamado al proceso como perito. Hay dos categorías de pruebas periciales: una desarrollada por un perito de parte, seleccionado por ésta en función de sus intereses, y otra realizada por un perito oficial, que es de alguna manera seleccionado por el juez. Si se toman en cuenta todas las características de ambas categorías, deben observarse diferencias muy importantes en cuanto a su admisión, práctica y valoración. La tesis aborda las distintas concepciones de la prueba pericial de parte y de la prueba pericial de oficio a los efectos de proponer un mejor diseño institucional para las mismas.
En les nostres societats, cada vegada més especialitzades, l'ús del coneixement expert és una constant en pràcticament totes les activitats de l'ésser humà. En els processos judicials actuals no podria ser d'una altra manera donat precisament l'àmbit social del que són reflex. Així doncs, cada vegada es prenen més decisions judicials amb fonament en l’expertesa d'un subjecte que és cridat al procés com a perit. Hi ha dos tipus de proves pericials: una desenvolupada per un perit de part, seleccionat per aquesta en funció dels seus interessos, i una altra realitzada per un perit oficial, que és d'alguna manera seleccionat pel jutge. Si es tenen en compte totes les característiques d'ambdues categories, han d'observar-se diferències molt importants en cada una de les fases de la prova en el procés judicial: l’admissió, la pràctica i la valoració. La tesi aborda les diferents concepcions de la prova pericial de part i de la prova pericial d'ofici a l'efecte de proposar un millor disseny institucional per a les mateixes
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Richani, Joseph. "Les Preuves dans l'arbitrage international." Phd thesis, Université de Cergy Pontoise, 2013. http://tel.archives-ouvertes.fr/tel-00869967.
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L'arbitrage est un mode de résolution des litiges par l'intermédiaire d'un tribunal arbitral composé d'un ou plusieurs arbitres. Il permet, comme devant les tribunaux étatiques, de régler un litige en vertu d'une sentence rendue à l'issue d'une procédure arbitrale dans laquelle chacune des parties doit prouver ce qu'elle allègue afin d'établir la conviction des arbitres. C'est par le recours aux divers modes de preuve inspirés des différents systèmes juridiques notamment du système de Common Law et du système de droit civil que les plaideurs pourront atteindre cette finalité.En revanche, parce que l'arbitrage international ne possède ni for ni législation spéciaux, l'administration des preuves dans une instance arbitrale internationale revêt un caractère sui generis de fait que l'arbitrage international a reconnu un système de preuve qui a utilisé les avantages des divers systèmes juridiques. Ainsi, on retrouve que la preuve écrite, qu'elle soit sur support papier ou sur support électronique, est administrée selon le model civiliste qui donne la primauté à une preuve préconstituée à l'avance. Mais, en ce qui concerne la preuve par témoin, l'influence des droits de Common Law paraît claire surtout que dans la plupart des cas, le pouvoir de nommer et d'interroger les témoins revient aux plaideurs qui utilisent la méthode d'Examination lors de l'interrogation des témoins. C'est aussi le cas de l'expertise qui est souvent considérée comme une preuve orale dans laquelle il revient aux parties le pouvoir de désigner les experts et de les interroger suivant l'interrogatoire direct et le contre interrogatoire tout comme des témoins. Ainsi, les preuves dans l'arbitrage international peuvent être reparties en preuves écrites et preuves orales dont les premières sont constituées de l'écrit sur support papier ou sur support électronique et les secondes sont formées par la preuve par témoin et la preuve par expertise.
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Wheate, Rhonda Marie Physical Environmental & Mathematical Sciences Australian Defence Force Academy UNSW. "Jury comprehension and use of forensic science." Awarded by:University of New South Wales - Australian Defence Force Academy. School of Physical, Environmental and Mathematical Sciences, 2007. http://handle.unsw.edu.au/1959.4/38644.
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The ability of jurors and juries to comprehend and utilise scientific evidence in Australian criminal trials has been examined. From mock jury surveys relating to DNA profiling evidence, it was determined that most respondents were able to comprehend some basic and applied statistics, although their ability was in part related to their knowledge of English and their level of education. The point at which mock jurors were prepared to convict an accused solely on the basis of DNA profiling evidence was examined and found to be low compared with the strength of DNA profiling evidence commonly presented in Australian courts. Mock jurors also demonstrated the ability to process evidence that was presented in a Bayesian framework; commencing with prior odds, introducing new information and culminating in posterior odds. From a survey of Australian forensic scientists, including fraud investigators, it was found that most practitioners' concerns could be addressed by greater pre-trial consultation between experts and legal advocates. Improved knowledge within the legal profession concerning the jargon, principles, procedures, limitations and conclusions to be drawn from different scientific disciplines, prior to presenting this evidence in court, is recommended as the means by which complex evidence can be better adduced from expert witnesses and better presented to juries in criminal trials. Finally, from interviewing actual jurors in criminal trials in the Australian Capital Territory it was determined that where jurors' expectations of scientific evidence, particularly DNA profiling evidence, are not met, high levels of juror frustration and speculation may culminate in hung juries. The adversarial setting of criminal proceedings was also found to produce an environment in which jurors felt that information that would assist them in reaching a verdict was being deliberately withheld. The ability of the jury to ask questions and the allowed nature of those questions were also examined, with the resultant recommendation that juries be given more explicit information at the commencement of trials to inform them about their rights and obligations when asking questions.
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McCall, Yari Pira. "Comprehending expert evidence : the role of memory and language ability, modality of information presentation and complexity in a mock-trial setting /." Title page, table of contents and abstract only, 2002. http://web4.library.adelaide.edu.au/theses/09ARPS/09arpsm4787.pdf.
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Daoust, François. "La criminalistique et le procès pénal." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020003.
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La France s’inscrit dans une vision idéalisée de la criminalistique dont la force probante apporterait les réponses incontestables au procès pénal. Cette croyance est historique et s’appuie sur les travaux des pionniers français qui ont ouvert la voie à ce que d’aucuns ont appelé, par abus de langage, l’apport de la preuve scientifique. Mais le paysage de la criminalistique n’est pas aussi simple que les acteurs au procès pénal le supposent. Le système criminalistique existant, la formation des intervenants, la connaissance de la valeur informationnelle de la trace avec sa vie juridique comme sa traçabilité scientifique, parfois soumise à un cadre normatif extérieur au droit, sont autant de domaines rarement abordés. À travers les différentes matières composant la criminalistique, en percevoir le contenu et leur puissance scientifique, mais également leurs limites, apportent un éclairage particulier de ce qu’est l’interprétation des résultats analytiques en France, et ce qu’elle devrait être quel que soit le moment judiciaire qu’exige le déroulement de la procédure pénale. Cette présentation met en exergue l’existence de la réalisation d’actes scientifiques souvent négligés et qui vient relativiser la notion d’examens scientifiques et d’expertises pourtant sacralisés par le droit et la jurisprudence. Cette étude de la criminalistique dans le procès pénal, met en évidence la perception qu’en ont les acteurs, la compréhension réciproque difficile avec les experts, mais également celles d’organismes plus institutionnels, montrant que les intérêts sont parfois divergents entre une vision comptable de la justice et celle de la recherche de la vérité, pourtant inscrite dans les textes. Une présentation de la perception comme de la mise en œuvre de la criminalistique en droit comparé à travers la procédure et la jurisprudence accusatoires donne un éclairage sur des débats juridiques qui frappent à la porte de notre système inquisitoire par l’introduction toujours plus engagée du contradictoire. Mieux comprendre les sciences introduites au procès pénal et les rendre accessibles devrait donner aux acteurs une capacité de discernement et d’interprétation plus pertinente, notamment pour les juges qui doivent à partir de toutes ces connaissances, indices et réponses scientifiques en construire la preuve pénaleFrance believes in an idealized vision of forensic science, the probative force of which would provide incontestable answers to the criminal trial. This belief is historical and is based on the work of the French pioneers who paved the way for what some have called, by abuse of language, the contribution of scientific proof. But the forensic landscape is not as simple as the actors in the criminal trial assume. Existing forensic systems, training of stakeholders, knowledge of the informational value of the trace with its legal life as well as its scientific traceability, sometimes subject to a normative framework outside the law are all rarely dealt with. Through the various subjects of forensic science, by perceiving their content and their scientific power, but also by their limitations, they shed particular light on the interpretation of analytical results in France and what it should be the judicial time required for the conduct of criminal proceedings. This presentation highlights the existence of the realization of scientific acts often neglected and that relativizes the notion of scientific examinations and expert appraisals yet sacred by law and jurisprudence. This study of criminalistic in the criminal trial highlights the perception of the actors, the difficult mutual understanding with the experts, but also those of more institutional administrations, showing that the interests are sometimes divergent between an accounting vision Justice and the search for truth, which is nevertheless inscribed in the texts. A presentation of the perception as well as the implementation of forensic science in comparative law through accusatory procedure and jurisprudence sheds light on legal debates that strike the door of our inquisitorial system by the increasingly engaged introduction of contradictory. A better understanding of the sciences introduced into the criminal process and making them accessible should give the actors a more relevant capacity for discernment and interpretation, in particular for judges who must draw up the criminal proof from all these scientific knowledge, answers and evidences
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Monteiro, Marli. "O prontuário odontológico como categoria jurídica da propriedade intelectual e o cumprimento da função social previsto na Constituição Federal do Brasil." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/25/25144/tde-03092015-103227/.
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A propriedade intelectual tem merecido destaque nas discussões atuais, trazendo à reflexão as considerações sobre o que efetivamente pode-se considerar propriedade intelectual e científica, pelo destacado valor que se dá ao texto como registro de idéias e de organização do pensamento, bem como meio de difusão dos saberes produzido. O que aqui se propõe é refletir, com base na legislação brasileira, sobre o que efetivamente pode-se considerar como resultado do esforço intelectual de um pesquisador ou produtor, na área da ciência, mais precisamente no âmbito da Odontologia e o que constitui dados do paciente. O prontuário odontológico tem o domínio pertencente ao paciente, como estabelece o Código de Ética Odontológica (2013). No entanto, por expressar o conhecimento do profissional, suas conclusões, e meio de prova em eventuais demandas judiciais, esse registro é fundamental para a construção de um diálogo entre os diversos produtores do conhecimento e seus destinatários. Por ter uma função social, como preconizado pela Constituição Federal do Brasil, é preciso que a Sociedade tenha acesso às descobertas científicas e à produção dos Cirurgiões-Dentistas, sem que suas idéias permaneçam trancadas em arquivos. Exige-se, na atualidade, que seja destacada a parte que compõe o registro de dados pessoais do paciente, e aquilo que é registro do profissional e construção intelectual deste, evitando-se assim que a criação e produção intelectiva do profissional estejam na propriedade de outrem e não do seu criador.Intellectual property has been featured in the current discussions, bringing to reflection about what considerations effectively can be considered scientific and intellectual property, by the highlighted value that gives the text as a record of ideas and organization of thought as well as a means of disseminating the knowledge produced. What is proposed here is to reflect, on the basis of the Brazilian legislation, about what actually can be considered as a result of intellectual effort of a researcher or producer, in the area of science, more precisely in the context of dentistry and what constitutes patient data. However, by expressing the professional knowledge, their conclusions and evidence in any litigation, this record is fundamental to the construction of a dialogue between the various producers of knowledge and their recipients. To have a social function, as advocated by the Federal Constitution of Brazil, the society has access to scientific discoveries and the production of dentists, without which his ideas remain locked in archives. If required, at the present time, which highlighted the part that composes the personal data of the patient record, and that record of professional and intellectual construction of this to avoid that the creation and production of intellective property of others are professional and not its creator.
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Thom, Ashley C. "Exploring Medical Expert Testimony and its Contribution to Miscarriages of Justice An Examination of the Flawed Pathological Evidence of Dr Charles Smith." Thesis, University of Ottawa (Canada), 2010. http://hdl.handle.net/10393/28689.
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Wrongful convictions have garnered recent increased attention in Canada, but specific concern with the use of medical expert evidence in criminal trials is especially timely. With the recent Inquiry into Pediatric Forensic Pathology in Ontario, it has become clear that flawed medical expert evidence can have devastating effects on individuals and criminal trials. The theoretical framework of social constructionism was used in a cross-case pattern analysis to provide a foundation for examining the problematic expert testimony of Dr. Charles Smith in eight cases of unexplained child death. The findings suggest that Dr. Smith's expert evidence was not adequately evaluated at the gate of admissibility, and may have been evaluated by internalized judgments rather than direct assessments of that evidence. The results indicate a combination of contributing factors of Dr. Smith's flawed expert evidence and the subsequent miscarriages of justice, as Dr. Smith's flaws were overlooked and his testimony accepted uncritically.
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Martel, Guillaume. "Evaluating Surgical Outcomes: A Systematic Comparison of Evidence from Randomized Trials and Observational Studies in Laparoscopic Colorectal Cancer Surgery." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/20534.
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Background: Laparoscopic surgery for colorectal cancer is a novel healthcare technology, for which much research evidence has been published. The objectives of this work were to compare the oncologic outcomes of this technology across different study types, and to define patterns of adoption on the basis of the literature.
Methods: A comprehensive systematic review of the literature was conducted using 1) existing systematic reviews, 2) randomized controlled trials (RCTs), and 3) observational studies. Outcomes of interest were overall survival, and total lymph node harvest. Outcomes were compared for congruence. Adoption was evaluated by means of summary expert opinions in the literature.
Results: 1) Existing systematic reviews were of low to moderate quality and displayed evidence of overlap and duplication. 2) Laparoscopy was not inferior to open surgery in terms of oncologic outcomes in any study type. 3) Oncologic outcomes from RCTs and observational studies were congruent. 4) Expert opinion in the literature has been supportive of this technology, paralleling the publication of large RCTs.
Conclusions: The evaluation of laparoscopic surgery for colorectal cancer in RCTs and observational studies suggests that it is not inferior to open surgery. Adoption of this technology has paralleled RCT evidence.