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Scottish Criminal Evidence Law
This book gathers leading experts in the field to analyse the recent, major changes in Scots criminal evidence law. The areas affected include: police questioning of suspects, the treatment of vulnerable witnesses in court, hearsay, the admissibility of the accused's previous convictions, the Crown's duty of disclosure and corroboration.
eBook
Sense and \Sensitivity\: Epistemic and Instrumental Approaches to Statistical Evidence
Statistical evidence is the subject of a heated and ongoing debate. Courts and legal scholars often view statistical evidence with suspicion, treating it as inadmissible even when it is probabilistically equivalent to individualized evidence. But attempts to vindicate the suspicion or to dismantle it altogether have been largely unsuccessful. The aim of this Article is to provide a comprehensive answer to the statistical evidence debate. The Article offers a novel explanation for the suspicion toward statistical evidence, pointing to the epistemic inferiority of statistical evidence due to its lack of \"Sensitivity \"— namely, the requirement that a belief be counterfactually sensitive to the truth as a necessary condition of \"Knowledge.\" After exposing the epistemic distinctions between statistical and individualized evidence, the Article turns to examining their implications for the legal arena. It claims that while the epistemic story provides an explanation for the suspicion toward statistical evidence, it does not provide a justification for this suspicion, for Sensitivity (like epistemology more generally) is not significant in the legal arena. Instead, this Article proposes an incentive-based vindication of the reluctance to use statistical evidence in court and points to the interesting interaction between the epistemic and the incentive-based approaches. After laying down the theoretical foundation, this Article demonstrates its descriptive potential It demonstrates the proposed theory's capacity to explain the prevailing legal doctrine and the rules governing the admissibility and sufficiency of statistical evidence across various categories, including DNA evidence and propensity-forcrime evidence as well as incriminating versus exonerating statistical evidence. On the prescriptive front, the Article provides criteria for legal reform and suggests that the admissibility of statistical evidence should be contingent on the type of offense or misconduct alleged against the defendant.
Journal Article
The psychology of false confessions : forty years of science and practice
Provides a comprehensive and up-to-date review of the development of the science behind the psychology of false confessions Four decades ago, little was known or understood about false confessions and the reasons behind them. So much has changed since then due in part to the diligent work done by Gisli H. Gudjonsson. This eye-opening book by the Icelandic/British clinical forensic psychologist, who in the mid 1970s had worked as detective in Reykjavik, offers a complete and current analysis of how the study of the psychology of false confessions came about, including the relevant theories and empirical/experimental evidence base. It also provides a reflective review of the gradual development of the science and how it can be applied to real life cases. Based on Gudjonsson's personal account of the biggest murder investigations in Iceland's history, as well as other landmark cases, The Psychology of False Confessions: Forty Years of Science and Practice takes readers inside the minds of those who sit on both sides of the interrogation table to examine why confessions to crimes occur even when the confessor is innocent. Presented in three parts, the book covers how the science of studying false confessions emerged and grew to become a regular field of practice. It then goes deep into the investigation of the mid-1970s assumed murders of two men in Iceland and the people held responsible for them. It finishes with an in-depth psychological analysis of the confessions of the six people convicted. * Written by an expert extensively involved in the development of the science and its application to real life cases * Covers the most sensational murder cases in Iceland's history * Deep analysis of the 'Reykjavik Confessions' adds crucial evidence to understanding how and why coerced-internalized false confessions occur, and their detrimental and lasting effects on memory The Psychology of False Confessions: Forty Years of Science and Practice is an important source book for students, academics, criminologists, and clinical, forensic, and social psychologists and psychiatrists.
eBook
Law on Display
Experience the multimedia and view the links featured in the book at lawondisplay.comVisual and multimedia digital technologies are transforming the practice of law: how lawyers construct and argue their cases, present evidence to juries, and communicate with each other. They are also changing how law is disseminated throughout and used by the general public. What are these technologies, how are they used and perceived in the courtroom and in wider culture, and how do they affect legal decision making?In this comprehensive survey and analysis of how new visual technologies are transforming both the practice and culture of American law, Neal Feigenson and Christina Spiesel explain how, when, and why legal practice moved from a largely words-only environment to one more dependent on and driven by images, and how rapidly developing technologies have further accelerated this change. They discuss older visual technologies, such as videotape evidence, and then current and future uses of visual and multimedia digital technologies, including trial presentation software and interactive multimedia. They also describe how law itself is going online, in the form of virtual courts, cyberjuries, and more, and explore the implications of law's movement to computer screens. Throughout Law on Display, the authors illustrate their analysis with examples from a wide range of actual trials.
eBook
THE PROFICIENCY OF EXPERTS
Expert evidence plays a crucial role in civil and criminal litigation. Changes in the rules concerning expert admissibility, following the Supreme Court's Daubert ruling, strengthened judicial review of the reliability and the validity of an expert's methods. Judges and scholars, however, have neglected the threshold question for expert evidence: whether a person should be qualified as an expert in the first place. Judges traditionally focus on credentials or experience when qualifying experts without regard to whether those criteria are good proxies for true expertise. We argue that credentials and experience are often poor proxies for proficiency. Qualification of an expert presumes that the witness can perform in a particular domain with a proficiency that non-experts cannot achieve, yet many experts cannot provide empirical evidence that they do in fact perform at high levels of proficiency. To demonstrate the importance of proficiency data, we collect and analyze two decades of proficiency testing of latent fingerprint examiners. In this important domain, we found surprisingly high rates offalse positive identifications for the period 1995 to 2016. These data would qualify the claims of manyfingerprintexaminers regarding their near infallibility, but unfortunately, judges do not seek out such information. We survey the federal and state case law and show how judges typically accept expertcredentials as a proxy for proficiency in lieu of direct proof of proficiency. Indeed, judges often reject parties' attempts to obtain and introduce at trial empirical data on an expert's actual proficiency. We argue that any expert who purports to give falsifiable opinions can be subjected to proficiency testing and that proficiency testing is the only objective means of assessing the accuracy and reliability of experts who rely on subjective judgments to formulate their opinions (so-called \"black-box experts\"). Judges should use proficiency data to make expert qualification decisions when the data is available, should demand proof of proficiency before qualifying black-box experts, and should admit at trial proficiency data for any qualified expert. We seek to revitalize the standard for qualifying experts: expertise should equal proficiency.
Journal Article