Expert evidence and criminal jury trials / Ian Freckelton QC, Jane Goodman-Delahunty, Jacqueline Horan, Blake McKimmie.

Oxford : Oxford University Press, 2016.

87014

Evidence, Criminal -- Australia.

Jury -- Australia.

1. Introduction

A. What does current research tell us about the expert evidence process?

B. Why focus on expert evidence?

C. The expert evidence and jury trials project

D. Demographic characteristics of survey participants

E. Overview of chapters

2. Expert evidence admissibility

A. Introduction

B. Expert evidence admissibility

C. Diverse perspectives on reliability

D. The impetus toward reform

E. Facial and body mapping evidence

F. A reliability precondition to admissibility in Australia

G. International perspectives on reliability as an admissibility criterion

H. Admissibility challenges

I. Conclusions

3. Alternative modes of presentation of expert evidence

A. Introduction

B. Comprehension difficulties and opposing expert evidence

C. Consecutive evidence

D. Conclaves/joint conferences of experts

E. Concurrent evidence

F. Videolink evidence

G. Conclusions

4. Influences on expert evidence attributable to the adversary process

A. Introduction

B. Expert familiarity with trial procedures

C. Inefficiencies of expert evidence at court

D. Expert partisanship and perceived lack of neutrality

E. Conclusions

5. Jury comprehension of expert evidence

A. Introduction

B. What does current research tell us about juror comprehension?

C. Are jurors, experts, and judges aware of the issues around expert evidence?

D. Results

E. Conclusions

6. DNA profiling evidence

A. Introduction

B. The impact of DNA profiling evidence on the criminal justice system

C. Project findings

D. Case study: unopposed DNA evidence

E. Semantic analysis of participant interview responses

F. Conclusions

7. Health practitioner evidence

A. Introduction

B. Types of health practitioner evidence

C. Case study

D. Clarity of opinions

E. Exceeding parameters of expertise

F. Overly broad-based evidence

G. Conflict in expert evidence

H. Timing of medical assessments

I. Impressiveness of expert

J. Preparedness to make concessions

K. Experts views of other experts

L. Conclusions

8. Expert witness credibility

A. Introduction

B. Case study: assessments of opposing DNA profiling expert evidence

C. Dimensions and indicators of expert credibility

D. Context of jurors’ ratings of experts

E. Witness credibility scale ratings

F. Conclusions

9. Conclusion

A. Major findings

B. Recommendations

C. Concluding remarks.

"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 Jury Trials 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 evidence is 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 those of 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 be relevant to practitioners in any jurisdiction which utilises an adversarial trial system or juries in criminal trials." -- Publisher's website.

Include bibliographical references and index.

9780198746348

xx, 267 pages ; 26 cm