scholarly journals Reply to Hamer: The R v T controversy: forensic evidence, law and logic

2012 ◽  
Vol 11 (4) ◽  
pp. 361-362 ◽  
Author(s):  
A. Biedermann ◽  
F. Taroni ◽  
C. Champod

The book contains a collection of essays in civil procedure and evidence honouring Professor Adrian Zuckerman of University College Oxford. The contributors are leading scholars and judges whose work has engaged with or been influenced in some way by the work of Professor Zuckerman. The contributions touch upon a wide variety of topics, ranging from the efficient administration of justice, questions of distributive justice and the allocation of costs, the use of online facilities and artificial intelligence in the delivery of justice, judicial decision making, abuse of process, to hearsay, the use of forensic evidence, and evidence law.


Author(s):  
K. Culbreth

The introduction of scanning electron microscopy and energy dispersive x-ray analysis to forensic science has provided additional methods by which investigative evidence can be analyzed. The importance of evidence from the scene of a crime or from the personal belongings of a victim and suspect has resulted in the development and evaluation of SEM/x-ray analysis applications to various types of forensic evidence. The intent of this paper is to describe some of these applications and to relate their importance to the investigation of criminal cases.The depth of field and high resolution of the SEM are an asset to the evaluation of evidence with respect to surface phenomena and physical matches (1). Fig. 1 shows a Phillips screw which has been reconstructed after the head and shank were separated during a hit-and-run accident.


2018 ◽  
Vol 49 (2) ◽  
pp. 245
Author(s):  
Susan Glazebrook

This article examines the role expert evidence plays in court and some of the risks surrounding such evidence. Through the examination of several tragic cases of miscarriage of justice, this article warns of the dangers of relying unquestionably on expert evidence and calls for a careful consideration of the evidence as each case comes before the courts. The value of good forensic evidence in the investigation and prosecution of crime is nevertheless recognised.


2019 ◽  
Vol 48 (1) ◽  
pp. 29-55
Author(s):  
Antonia Eder

Abstract The ambivalent status of circumstantial evidence has been intensively discussed since the 18th century, in both fiction and forensics. (Forensic) evidence is both hermeneutic and material – a phenomenon of ambiguity: the conclusions to be drawn from clues are generated by an amalgam of enlightened promises of objectivity and the opaque materiality of the surface. According to the forensic and juridical hope associated with circumstantial evidence, neutral things do not lie, but show (evidentia) as pars pro toto the actual facts in nuce. Yet every fact, every thing remains tied back to a closing instance, to the investigative and hermeneutic conclusions of thought: this opens the operational field of literature. Poetic dynamics enable literature to simultaneously cope with indexed ambiguity and indeterminacy, both by producing them, and by reflecting on them by means of detective-investigative self-observation.


2017 ◽  
Author(s):  
Jason Chin

The CSI Effect posits that exposure to television programs that portray forensic science (e.g., CSI: Crime Scene Investigation) can change the way jurors evaluate forensic evidence. The most commonly researched hypothesis under the CSI Effect suggests that shows like CSI depict an unrealistically high standard of forensic science and thus unreasonably inflate the expectations of jurors. Jurors are thus more likely to vote to acquit, and prosecutors face higher burden of proof. We review (1) the theory behind the CSI Effect, (2) the perception of the effect among legal actors, (3) the academic treatment of the effect, and (4) how courts have dealt with the effect. We demonstrate that while legal actors do see the CSI Effect as a serious issue, there is virtually no empirical evidence suggesting it is a real phenomenon. Moreover, many of the remedies employed by courts may do no more than introduce bias into juror decision making or even trigger the CSI Effect when it would not normally occur (i.e., the self-fulfilling prophesy). We end with suggestions for the proper treatment of the CSI Effect in courts, and directions for future scholarly work.


Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.


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