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Vol 23 No 5 May/June 2018

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Forensic Expertise and the Law of Evidence

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ISBN13: 9780444857774
ISBN: 044485777X
Published: December 1993
Publisher: Elsevier Science
Format: Paperback
Price: POA

Despatched in 7 to 9 days.

This text deals with the law of evidence with respect to the involvement of forensic experts (from many fields) in the adjudication of criminal cases. This subject is discussed from various perspectives, such as comparative legal studies, theories of evidence, paradigms of evidence scholarship, and (European) convergency of legal systems. The book should be of great value to all those involved with law, evidence, justice, and forensic science.

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Part 1 Introduction: goal, theme and scope of the colloquium, J.F. Nijboer; biography.
Part 2 National reports I - common law countries: the common law theory of experts - deference or education?, R.J. Allen and J.S. Miller; the role of experts in UK criminal procedure, J.D. Jackson.
Part 3 National reports II - civil law countries: forensic expertise and the law of evidence in Germany (criminal cases), K. Volk; forensic expertise and the law of evidence in France, M.-L. Rassat; the law of evidence in criminal cases, J.F. Nijboer; the law of evidence in Dutch criminal cases in a nutshell - the role of the expert, J.F. Nijboer.
Part 4 Experts on forensic expertise: are there now ""generals of criminalistics""?, E.R. Groeneveld; expert witnesses as vicarious anchors, H.F.M. Crombag; forensic psychiatry and psychology - the expert's position in Dutch criminal justice, F. Koenraadt.
Part 5 Experts and lawyers - expertise - on whose terms?: some comments on the battle of experts and the quest for an appropriate forum, A.J. Hoekema; are disputes between law and science resolvable?, D. Nelken.
Part 6 Paradigms of evidence scholarship: the rationalist tradition of evidence scholarship; an Anglo-American overview and some speculation about continental Europe, W.L. Twining; statistical methods and a paradox of forensic expertise, C.R. Callen.
Part 7 The European dimension: forensic expertise and law of evidence in Europe, H.G. Schermers; the case of law of the European court of human rights regarding the use of expert statements in criminal procedures, J.D. den Hartog.
Part 8 The role and limits of adversarialness: the requirement of a fair process and the law of evidence in Dutch criminal proceedings, J.F. Nijboer; law's truth, lay truth and lawyers' truth - the representation of evidence in adversary trials, J.D. Jackson.