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Journal articles on the topic 'Expert evidence'

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Published: 4 June 2021
Last updated: 29 July 2024

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1

Onuigbo, Wilson I. B. "Expert evidence." American Journal of Forensic Medicine and Pathology 6, no. 2 (June 1985): 141–44. http://dx.doi.org/10.1097/00000433-198506000-00005.

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2

Wilson, Adam. "Expert Evidence." Journal of Criminal Law 70, no. 4 (August 2006): 292–97. http://dx.doi.org/10.1350/jcla.70.4.292.

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3

Shepherd, R. T. "Expert Evidence." Medico-Legal Journal 59, no. 2 (June 1991): 67–68. http://dx.doi.org/10.1177/002581729105900201.

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4

Kirby, Michael. "Expert Evidence." Australian Journal of Forensic Sciences 26, no. 2 (July 1994): 77–82. http://dx.doi.org/10.1080/00450619409411312.

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5

Greco, Peter M. "Expert or evidence?" American Journal of Orthodontics and Dentofacial Orthopedics 162, no. 4 (October 2022): 442. http://dx.doi.org/10.1016/j.ajodo.2022.07.005.

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6

Freeman, Bradley W. "Expert Psychiatric Evidence." Journal of Clinical Psychiatry 73, no. 08 (August 15, 2012): 1153. http://dx.doi.org/10.4088/jcp.12bk07941.

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7

Latham, Richard. "Expert psychiatric evidence." Journal of Forensic Psychiatry & Psychology 23, no. 5-6 (October 2012): 740. http://dx.doi.org/10.1080/14789949.2012.695885.

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8

Zeitlin, H. "Expert psychiatric evidence." Medico-Legal Journal 82, no. 2 (June 2014): 83–84. http://dx.doi.org/10.1177/0025817213517358.

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9

Saks, Michael J., and David L. Faigman. "EXPERT EVIDENCE AFTERDAUBERT." Annual Review of Law and Social Science 1, no. 1 (December 2005): 105–30. http://dx.doi.org/10.1146/annurev.lawsocsci.1.041604.115907.

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10

Isaac, M. "Expert psychiatric evidence." Journal of Forensic and Legal Medicine 20, no. 2 (February 2013): 125. http://dx.doi.org/10.1016/j.jflm.2012.04.040.

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11

Mason, Fiona. "Expert Psychiatric Evidence." Medicine, Science and the Law 52, no. 4 (August 2, 2012): 243. http://dx.doi.org/10.1258/msl.2012.012065.

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12

Lopatka, John E. "Economic Expert Evidence." Antitrust Bulletin 61, no. 3 (July 24, 2016): 434–60. http://dx.doi.org/10.1177/0003603x16657230.

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13

Hayes, Derren. "Commissioner's evidence expert." Children and Young People Now 2016, no. 16 (August 2, 2016): 15. http://dx.doi.org/10.12968/cypn.2016.16.15.

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14

Burgers, Christian, Anneke de Graaf, and Sabine Callaars. "Differences in actual persuasiveness between experiential and professional expert evidence." Journal of Argumentation in Context 1, no. 2 (October 29, 2012): 194–208. http://dx.doi.org/10.1075/jaic.1.2.03deg.

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This study investigates the persuasiveness of different types of expert evidence. Following Wagemans (2011), two types of experts were distinguished that can be used in expert evidence: experiential experts (who base their expertise on personal experience) and professional experts (who base their expertise on professional knowledge). In a between-subjects experiment (N = 179), these different types of experts were included in a news report on a political issue. Results indicate that the perceived expertise and persuasiveness of professional experts was higher than that of experiential experts. Perceived expertise completely mediated the effects of the different types of expert evidence on persuasion. These results point towards a recommendation of using professional expert evidence over experiential expert evidence in reporting on political issues.
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15

Rix, Keith J. B. "Expert evidence and the courts: 1. The history of expert evidence." Advances in Psychiatric Treatment 5, no. 1 (January 1999): 71–77. http://dx.doi.org/10.1192/apt.5.1.71.

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Recommendations by Lord Woolf for the reform of the civil justice system in England and Wales include proposals which are already beginning to influence the provision of expert evidence to the courts. Lord Woolf has himself been instrumental in the establishment of an Expert Witness Institute which has caused some controversy in medical circles. It is no coincidence that all of this is happening at a time when the courts are delivering judgments which are particularly critical of some expert witnesses.
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16

McNeill, A., M. Suchomska, and A. Strathie. "Expert facial comparison evidence: Science versus pseudo science." Psychology and Law 5, no. 4 (2015): 127–40. http://dx.doi.org/10.17759/psylaw.2015050411.

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Confirming the identity of the accused is a critical component of many criminal trials. However, recent evidence suggests this process is highly error prone and leads to unacceptably high rates of wrongful conviction (Innocence Project, 2015). When photographic identification evidence is ambiguous, facial mapping practitioners may be called upon to make comparisons between images of the culprit and the accused. This practice assumes that the techniques employed are reliable and can be used to assist the court in making identity confirmation decisions. However, previous experimental work in this area has established that many of these techniques are unreliable (Kleinberg, Vanezis & Burton, 2007; Strathie, McNeill & White, 2012). We extend these findings by examining another facial mapping technique that uses gridlines, drawn between face-pairs, as a potential face matching aid (Oxlee, 2007). Results show that a simple side-by-side presentation of face-pairs without gridlines produces most accurate responding. Moreover, the application of the grideline technique increases the likelihood that two different face pairs will judged to be the same. These findings suggest that continuing to admit facial mapping evidence in court is likely to increase, rather than decrease, the incidence of wrongful conviction.
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17

Samuels, Alec. "Book Review: Expert Evidence." Medicine, Science and the Law 35, no. 2 (April 1995): 183. http://dx.doi.org/10.1177/002580249503500218.

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18

Jerrold, Laurance. "Subjective expert opinion evidence." American Journal of Orthodontics and Dentofacial Orthopedics 123, no. 1 (January 2003): 96–98. http://dx.doi.org/10.1067/mod.2003.63.

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19

Freckelton SC, Ian. "Expert Evidence About Memory." Psychiatry, Psychology and Law 15, no. 3 (November 2008): 362–68. http://dx.doi.org/10.1080/13218710802464094.

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20

Rix, Keith J. B. "Expert evidence on trial." Advances in Psychiatric Treatment 18, no. 3 (May 2012): 193–97. http://dx.doi.org/10.1192/apt.bp.111.009175.

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SummaryThe complex nature and consequences of fraud are illustrated by the case of ‘Dr’ Barian Baluchi, who held himself out to be a consultant neuropsychiatrist before being convicted of deception, actual bodily harm and procuring registration by making false declarations. Under the proposed UK Criminal Evidence (Experts) Bill, psychiatric experts in fraud cases are likely to find the admissibility of their evidence tested against statutory criteria. Where they rely on test results, they will need to know the validity of the methods and show that they have taken proper account of the degree of precision or margin of uncertainty affecting the accuracy or reliability of their results. Proposals to reform the law on unfitness also have implications for psychiatric assessment in fraud cases. It will now be even more important for psychiatric opinion evidence to be demonstrably sound and of such evident strength that there is no issue as to its admissibility and the judge can presume evidentiary reliability.
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21

Ormerod, David. "Child abuse: Expert evidence." Journal of Forensic Psychiatry 3, no. 3 (December 1992): 541–45. http://dx.doi.org/10.1080/09585189208409029.

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22

Ormerod, David. "Expert evidence and disclosure." Journal of Forensic Psychiatry 6, no. 2 (September 1995): 405–10. http://dx.doi.org/10.1080/09585189508409905.

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23

Meadow, William. "Evidence-based Expert Testimony." Clinics in Perinatology 32, no. 1 (March 2005): 251–75. http://dx.doi.org/10.1016/j.clp.2004.11.004.

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24

Blackwell, Suzanne, and Fred Seymour. "Expert Evidence and Jurors’ Views on Expert Witnesses." Psychiatry, Psychology and Law 22, no. 5 (August 4, 2015): 673–81. http://dx.doi.org/10.1080/13218719.2015.1063181.

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25

Gee, D. G. "Book Review: The Trial of the Expert. A Study of Expert Evidence and Forensic Experts." Medicine, Science and the Law 28, no. 4 (October 1988): 344. http://dx.doi.org/10.1177/002580248802800416.

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26

Mayweg-Paus, Elisabeth, and Regina Jucks. "Conflicting Evidence or Conflicting Opinions? Two-Sided Expert Discussions Contribute to Experts’ Trustworthiness." Journal of Language and Social Psychology 37, no. 2 (June 23, 2017): 203–23. http://dx.doi.org/10.1177/0261927x17716102.

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This article examines how the way pro and contra information is distributed between two experts in a written discourse influence readers’ evaluations. One hundred and fifty university students read an expert discussion on the topic of computer use in childhood. Information was presented in either a one-sided (each expert holds one position: pro or contra) or two-sided way (both experts provide pro and contra arguments). Results showed that readers judged experts who communicated more consensus-oriented by taking a two-sided stance to be more trustworthy. Additionally, readers in this group subsequently outlined their own opinion toward the topic more confidently. However, the manipulation did not influence how far readers drew on expert information when formulating a response to a writing task. Implications are drawn for helping readers to process expert discussions and for improving expert communication strategies. It is emphasized that expert discussions provide not only content-focused but also rhetorical challenges.
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27

Sibony, Anne-Lise, and Eric Barbier de La Serre. "Expert evidence before the EC courts." Common Market Law Review 45, Issue 4 (August 1, 2008): 941–85. http://dx.doi.org/10.54648/cola2008069.

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The EC courts are regularly asked to rule on complex scientific and technical matters, as illustrated by cases concerning the foot–and–mouth crisis or conglomerate effects in merger control. In order to apprehend these technical issues, the EC courts may, like any other court, rely on experts who are appointed either by the courts themselves or by the parties. However, the law on the use of expert evidence by the EC courts is unclear on many aspects. The purpose of this article is therefore to set out briefly the law on expert evidence, to explore how the EC courts use it and to assess whether improvements are desirable. Section 2 of this article describes how the EC courts use “neutral” expert evidence (i.e., evidence obtained through an expert’s report commissioned by the court). An analysis of the case law reveals a paradox: while the status of neutral expert evidence is clearly defined by the rules of procedure governing the EC courts, such evidence is rarely used in practice. Section 2 therefore also endeavours to explain why the use of neutral expert evidence remains exceptional. Section 3 focuses on how the EC courts use “partisan” expert evidence (i.e., expert evidence that is voluntarily submitted by the parties). It shows that partisan expert evidence is the mirror image of neutral expert evidence: while its procedural status is unclear, it is widely used before the EC courts. Finally, in Section 4, it is argued that this situation is not wholly satisfactory. It is submitted inter alia that there is no convincing justification for systematic self–restraint over technical issues. Some changes are therefore explored which could be contemplated in order to improve the use of expert evidence by the EC courts.
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28

Trask, Brandon, and Evan Podaima. "Blurred Lines: A Critical Examination of the Use of Police Officers and Police Employees as Expert Witnesses in Criminal Trials." Manitoba Law Journal 44, no. 6 (January 15, 2022): 48–75. http://dx.doi.org/10.29173/mlj1297.

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There is a two-step inquiry in determining whether expert opinion evidence is admissible. The party calling the evidence must first satisfy the threshold requirements of admissibility, demonstrating that the expert evidence is relevant, necessary, not precluded by any exclusionary rule, and that it is provided by a properly qualified expert. If this threshold stage is satisfied, the court progresses to the second stage, the discretionary gatekeeping step, wherein the trial judge assesses whether the expert evidence is sufficiently beneficial to justify admission, meaning that the benefits flowing from admission outweigh any potential harm. The Supreme Court of Canada has clarified that experts must be impartial, independent, and unbiased. These factors must be considered at both steps of determining the admissibility of expert evidence and are also relevant to the determination by the trier of fact as to how much weight should be placed upon admissible expert testimony. That there are three potential points in the trial process at which expert objectivity is considered underscores the importance of ensuring that expert evidence is impartial, independent, and free of bias. This paper analyzes recent Canadian case law in relation to the use of expert witnesses and determines that structure-related concerns ultimately pertaining to bias have played a significant role in court determinations as to the admissibility of expert evidence. Guided by this finding, the authors propose a new two-stream expert structure in order to present a model for proactively reducing concerns relating to impartiality, independence, and bias about experts called by the Crown
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29

Hans, Valerie P., and Michael J. Saks. "Improving Judge & Jury Evaluation of Scientific Evidence." Daedalus 147, no. 4 (October 2018): 164–80. http://dx.doi.org/10.1162/daed_a_00527.

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The role of the expert witness in trials is a paradox. Judges and jurors need help with matters beyond their understanding, and judges are expected to act as gatekeepers to ensure that jurors are not fooled by misleading expert testimony. Yet, as gatekeepers, judges might not effectively distinguish sound from unsound expert testimony. As factfinders, judges and jurors both might have difficulty comprehending expert evidence, intelligently resolving conflicts between experts, and applying the scientific and technological evidence they hear to the larger dispute before them. This essay explores those problems and a variety of possible solutions, ranging from more effective ways parties might present technical information at trial, to educational interventions supervised by the court, to making juries more effective in performing their task, to more controversial measures, such as replacing conventional juries with special juries and replacing generalist judges with expert judges.
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30

Nguyen, Huu Can. "Using expert evidence on intellectual property: A practical perspective." Ministry of Science and Technology, Vietnam 65, no. 1 (April 20, 2023): 110–15. http://dx.doi.org/10.31276/vmostjossh.65(1).110-115.

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There have been many studies on the role and legal value of expert evidence in intellectual property (IP) disputes and infringement cases. In the case of IP dispute and infringement to be resolved in the courts, the duty of these experts is to provide professional opinions in a way that is completely impartial, independent, reasonable, and transparent. It can be said that in a majority of cases, reliance on expert evidence demonstrates the role of expert opinions in assisting IP enforcement authorities in reaching their final decision on the case although the authorities are not bound by such evidence. Based on global practices, this article attempts to answer some initial legal questions such as when does an expert opinion become evidence? Is expert evidence the product of legal expertise or technical expertise? Is the expert evidence an administrative decision, and under what circumstances can it be used?
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31

Cordner, S. M. "Science on trial: The trial of the expert: a study of expert evidence and forensic experts." Medical Journal of Australia 147, no. 3 (August 1987): 146. http://dx.doi.org/10.5694/j.1326-5377.1987.tb133320.x.

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32

Overton, Helen. "Letter to the editor: Expert evidence vs. expert opinion." Journal of Clinical Epidemiology 127 (November 2020): 228. http://dx.doi.org/10.1016/j.jclinepi.2020.09.008.

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33

Davydenko, Ye O., A. V. Shved, and N. V. Honcharova. "DEVELOPMENT OF TECHNIQUE FOR STRUCTURING OF GROUP EXPERT ASSESSMENTS UNDER UNCERTAINTY AND INCONCISTANCY." Radio Electronics, Computer Science, Control, no. 4 (December 22, 2023): 30. http://dx.doi.org/10.15588/1607-3274-2023-4-3.

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Context. The issues of structuring group expert assessments are considered in order to determine a generalized assessment under inconsistency between expert assessments. The object of the study is the process of synthesis of mathematical models of structuring (clustering, partitioning) of expert assessments that are formed within the framework of Shafer model under uncertainty, inconsistency (conflict). Objective. The purpose of the article is to develop an approach based on the metrics of theory of evidence, which allows to identify a number of homogeneous subgroups from the initial heterogeneous set of expert judgments formed within the framework of the Shafer model, or to identify experts whose judgments differ significantly from the judgments of the rest of the group. Method. The research methodology is based on the mathematical apparatus of theory of evidence and cluster analysis. The proposed approach uses the principles of hierarchical clustering to form a partition of a heterogeneous (inconsistent) set of expert evidence into a number of subgroups (clusters), within which expert assessments are close to each other. Metrics of the theory of evidence are considered as a criterion for determining the similarity and dissimilarity of clusters. Experts’ evidence are considered consistent in the formed cluster if the average or maximum (depending on certain initial conditions) level of conflict between them does not exceed a given threshold level. Results. The proposed approach for structuring expert information makes it possible to assess the degree of consistency of expert assessments within an expert group based on an analysis of the distance between expert evidence bodies. In case of a lack of consistency within the expert group, it is proposed to select from a heterogeneous set of assessments subgroups of experts whose assessments are close to each other for further aggregation in order to obtain a generalized assessment. Conclusions. Models and methods for analyzing and structuring group expert assessments formed within the notation of the theory of evidence under uncertainty, inconsistency, and conflict were further developed. An approach to clustering group expert assessments formed under uncertainty and inconsistency (conflict) within the framework of the Shafer model is proposed in order to identify subgroups within which expert assessments are considered consistent. In contrast to existing clustering methods, the proposed approach allows processing expert evidence of a various structure and taking into account possible ways of their interaction (combination, intersection).
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34

Sitompul, Ariman. "The Use of Forensic Physician Expertise In View of Health Law Against Murder Cases." SASI 29, no. 1 (March 11, 2023): 112. http://dx.doi.org/10.47268/sasi.v29i1.1281.

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Introduction: The position of forensic expert evidence stands on the nature of the dualism of expert evidence, on one side of the expert evidence in the form of reports or post mortem et Repertum can still be assessed as expert evidence on the other side of the expert evidence in the form of reports also touches the letter evidence, but decision-making will be the nature of the dualism of forensic expert evidence lies in the confidence of the judge in making a decision. Forensic medicine plays a role in determining the causal relationship between an act and the consequences that will cause injury to the body or cause health problems or cause the death of a person (causal verbend).Purposes of the Research: The purpose of this study is to explain paradiqma conviction and judgment Judge tehadapa Forensic Medicine against murder case.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The testimony of forensic experts is essentially not binding on the judge. However, in a criminal procedure if it is necessary and the purpose is presented experts to explain the case, explain the cause and effect of the defendant's guilt in committing a criminal act, forensic expert testimony is needed in the trial.
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35

Alldridge, Peter. "Forensic Science and Expert Evidence." Journal of Law and Society 21, no. 1 (March 1994): 136. http://dx.doi.org/10.2307/1410275.

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36

Herman, Rod A., and Alan Raybould. "Expert opinion vs. empirical evidence." GM Crops & Food 5, no. 1 (January 2014): 8–10. http://dx.doi.org/10.4161/gmcr.28331.

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37

Gillman, P. K. "Playig dice with expert evidence." Medical Journal of Australia 147, no. 10 (November 1987): 523. http://dx.doi.org/10.5694/j.1326-5377.1987.tb133663.x.

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38

Farrell, Michael J. "Playig dice with expert evidence." Medical Journal of Australia 147, no. 10 (November 1987): 523. http://dx.doi.org/10.5694/j.1326-5377.1987.tb133664.x.

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39

Dinnen, Anthony. "Playig dice with expert evidence." Medical Journal of Australia 147, no. 10 (November 1987): 523. http://dx.doi.org/10.5694/j.1326-5377.1987.tb133665.x.

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40

Gerber, Paul. "Playig dice with expert evidence." Medical Journal of Australia 147, no. 10 (November 1987): 524. http://dx.doi.org/10.5694/j.1326-5377.1987.tb133666.x.

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41

Humphrey, G. F. "Playing dice with expert evidence." Medical Journal of Australia 148, no. 8 (April 1988): 422. http://dx.doi.org/10.5694/j.1326-5377.1988.tb115979.x.

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42

BERLINER, LUCY. "Expert Evidence and Eyewitness Testimony." Journal of Interpersonal Violence 3, no. 1 (March 1988): 108–10. http://dx.doi.org/10.1177/088626088003001011.

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43

Fitzpatrick, Ben. "Expert Evidence: Multiple Infant Deaths." Journal of Criminal Law 69, no. 3 (June 2005): 210–14. http://dx.doi.org/10.1350/jcla.69.3.210.64782.

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44

Lidbetter, Andrew. "Expert Evidence in Judicial Review." Judicial Review 9, no. 3 (September 2004): 194–96. http://dx.doi.org/10.1080/10854681.2004.11427312.

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45

Morton, David B. "Animal suffering and expert evidence." Veterinary Record 179, no. 12 (September 22, 2016): 305–6. http://dx.doi.org/10.1136/vr.i4970.

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46

Karet, I. "Expert evidence: a practical guide." Journal of Intellectual Property Law & Practice 1, no. 1 (October 19, 2005): 36–42. http://dx.doi.org/10.1093/jiplp/jpi016.

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47

Forrest, Robert. "The boundaries of Expert Evidence." Science & Justice 41, no. 3 (July 2001): 133. http://dx.doi.org/10.1016/s1355-0306(01)71877-1.

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48

Lesmo, Leonardo, Lorenza Saitta, and Pietro Torasso. "Evidence combination in expert systems." International Journal of Man-Machine Studies 22, no. 3 (March 1985): 307–26. http://dx.doi.org/10.1016/s0020-7373(85)80006-7.

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49

Pickett, Tracy. "Expert evidence – maybe, maybe not?" Pathology 51 (February 2019): S27. http://dx.doi.org/10.1016/j.pathol.2018.12.066.

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50

Brahams, Diana. "Medical confidentiality and expert evidence." Lancet 337, no. 8752 (May 1991): 1276–77. http://dx.doi.org/10.1016/0140-6736(91)92937-w.

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