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A new edition has been published, the details can be seen here:
A Practical Guide to Expert Evidence in Criminal Cases 2nd ed isbn 9781914608506

A Practical Guide to the Use of Expert Evidence in Criminal Cases


ISBN13: 9781912687732
New Edition ISBN: 9781914608506
Published: July 2020
Publisher: Law Brief Publishing
Country of Publication: UK
Format: Paperback
Price: Price on Application



The use of expert evidence in criminal trials hasn’t been far from the headlines in recent years with the collapse of significant criminal trials following challenges to an experts’ expertise. This book takes the practitioner through all stages of the process from initial identification of the need for expert evidence, through to maximising the benefit of this evidence at trial. The book also focuses on three aspects of expert evidence that most practitioners have come across during the course their practice: DNA, cell site, and mental health.

The book examines DNA evidence – how it can be used, and how it can be challenged. This evidence is becoming more routinely used in cases that require establishing a connection with items key to the prosecution’s case. The book explores how the science is used, how it can be challenged and its inherent limitations.

Cell site evidence is a common feature in a range of criminal allegations where the prosecution has sought to establish geographic connection and movement of a Defendant at a particular time. It can equally be utilised by the Defence, for example, to assist support an alibi. Practitioners should be aware of the potential utility of this evidence, but understand its limitations. This book assists achieve that aim.

Finally, society is gaining awareness of mental health and how it effects a person’s behaviour. The criminal courts in turn are gaining a greater understanding of the challenges facing people with mental health concerns. This book addresses how expert evidence can be used to utilise the fitness to plead procedure in both the Crown Court, and its equivalent in the Magistrates’ Court, as well as the sentencing options at the courts disposal when dealing with an individual who has mental health concerns.

Subjects:
Evidence
Contents:
Chapter 1 – An Introduction to Expert Evidence – What is an expert report? Who can be an expert? The independence of expert witnesses
Chapter 2 – The use of Expert Evidence in Criminal Proceedings – covering case management, unused material, the presentation of expert evidence in court, directing the jury
Chapter 3- The use of Psychiatric Evidence in the Criminal Justice System – fitness to plead, insanity, appealing these findings, remand for the purposes of obtaining expert evidence.
Chapter 4 – Disposal of Cases involving elements of Mental Health Treatment – section 37, 41, and 45A orders, guardianship orders, mental health treatment requirements.
Chapter 5 – Digital Forensics – the principles for obtaining digital evidence, powers to obtain digital material from within the UK and from abroad, principles of examining devices for digital material, issues arising from the disclosure of digital material.
Chapter 6 – Cell Site Evidence – What is it? How it can be used? What are its limitations? How can it be challenged?
Chapter 7 – An introduction to Forensic Science – How does forensic science fit within the criminal justice system?
Chapter 8 – Fingerprint Analysis – Recovering and examining fingerprints; cognitive bias in fingerprint examination.
Chapter 9 – Firearms – analysis of firearms and ballistics; rifling and the identification of firearms; firearm discharge residue.
Chapter 10 – The use of DNA in Criminal Proceedings – an overview of the science; sources of DNA; interpretation of DNA; establishing the evidential significance of a match; the prosecutor’s fallacy; limitations of the science
Chapter 11 – The use of statistics in forensic science – random match probability; liklihood theory; bayesian theorem; statistical evidence in court.
Chapter 12 – General tips when using expert evidence