Expert Evidence and Criminal Jury Trials

Hardcover | February 20, 2016

byIan Freckelton, Jane Goodman-Delahunty, Jacqueline Horan

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With expert evidence used more and more often in criminal jury cases, evaluation of its admissibility and presentation is being increasingly thrust into the spotlight. However, jury room secrecy has long prevented a rigorous analysis of its complexities. Expert Evidence and Criminal JuryTrials draws on an unprecedented study carried out in Commonwealth jurisdictions which have recently granted access to jurors, offering a unique exploration of the presentation and comprehension of expert evidence in criminal jury trials and a critical perspective on parallel UK processes. The authors combine empirical research conducted in the courtroom with expert academic analysis, examining, analysing, and comparing the views of not only real jurors, but also courtroom lawyers, judges, and experts across over 50 trials to gauge how complex and sometimes conflicting expert evidenceis perceived and understood by all parties. Examples of modern technologies used in expert evidence, including DNA analysis and facial and body-mapping, are considered, and discussion of the challenges they pose covers not only issues of procedure and approach, but also perceptual issues and thoseof cognitive evaluation. This innovative study aims to facilitate a broader understanding of the use of expert evidence, what problems exist with it, and how such problems influence the communication of information to jurors. While the survey that informs the book relates to criminal trials in three Australian jurisdictions, the legal and psychological issues explored transcend national boundaries, allowing this book to fill a gap in the market for a practical discussion of expert evidence and its use that will berelevant to practitioners in any jurisdiction which utilises an adversarial trial system or juries in criminal trials.

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From the Publisher

With expert evidence used more and more often in criminal jury cases, evaluation of its admissibility and presentation is being increasingly thrust into the spotlight. However, jury room secrecy has long prevented a rigorous analysis of its complexities. Expert Evidence and Criminal JuryTrials draws on an unprecedented study carried ou...

Professor Ian Freckelton QC is a practising Queen's Counsel and a leading Australasian scholar on expert evidence. He is also a Professorial Fellow in Law and Psychiatry at the University of Melbourne, an Adjunct Professor of Law and Forensic Medicine at Monash University, a Commissioner at the Victorian Law Reform Commission, and an e...

other books by Ian Freckelton

Format:HardcoverDimensions:288 pages, 9.69 × 6.73 × 0.1 inPublished:February 20, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198746342

ISBN - 13:9780198746348

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Table of Contents

1. Introduction2. Expert Evidence Admissibility3. Alternative Modes of Presentation of Expert Evidence4. Influences on Expert Evidence Attributable to the Adversary Process5. Jury Comprehension of Expert Evidence6. DNA Profiling Evidence7. Health Practitioner Evidence8. Expert Witness Credibility9. ConclusionAppendix 1: Juror SurveyAppendix 2: Juror InterviewAppendix 3: Judge InterviewAppendix 4: Lawyer InterviewAppendix 5: Expert Interview