Separate but Not Equal: The Role of Social Science Evidence in Constitutional Interpretation

PsycCRITIQUES ◽  
2006 ◽  
Vol 51 (28) ◽  
Author(s):  
Patricia L. Wolleat
Keyword(s):  
Social Science ◽  
Constitutional Interpretation ◽  
Social Science Evidence ◽  
Science Evidence

The exclusion of prison informant evidence for unreliability in new Zealand

2021 ◽  
pp. 136571272110112
Author(s):  
Anna High
Keyword(s):  
New Zealand ◽  
Social Science ◽  
Supreme Court ◽  
England And Wales ◽  
Social Science Evidence ◽  
Science Evidence

Prison informant or ‘jailhouse snitch’ evidence is a notoriously unreliable category of evidence. In light of reliability concerns, the New Zealand Supreme Court has adopted a progressive approach to the exclusion of prison informant evidence, centred on greater use of general exclusionary provisions as a threshold of reliability for the admission of suspect evidence. In so doing, the court has shifted the emphasis from deference to the jury as arbiter of ultimate reliability and towards more robust judicial gatekeeping as a safeguard against false testimony. This article critically analyses the New Zealand approach, including by way of comparison with Canada, Australia and England and Wales. The New Zealand approach is presented as a principled and important example of adapting fundamental evidentiary principles and provisions in line with emerging social science evidence. However, in light of the general concerns surrounding this class of evidence, ultimately further safeguards are still needed

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