A Formulaic Recitation Will Not Do: Why, as a Matter of Law, Federal Rule of Criminal Procedure 7(c) Should Be Interpreted to Be at Least as Stringent as Federal Rule of Civil Procedure 8(a)

2020 ◽  
Author(s):  
Charles Hintz
Keyword(s):  
Criminal Procedure ◽  
Civil Procedure ◽  
Federal Rule

9. Opinion evidence

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Expert Opinion ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Criminal Cases ◽  
Civil Cases ◽  
The Uk

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.

scholarly journals Pozbawienie wolności w celu zbadania stanu psychicznego w prawie polskim

2020 ◽  
Vol 55 ◽  
pp. 11-20
Author(s):  
Teresa Gardocka
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
The State ◽  
Legal Institutions ◽  
Main Subject ◽  
The Subject ◽  
Polish Law

The subject of these considerations is the deprivation of freedom ordered to diag-nose the state of an individual’s/person’s mental health. Polish law provides for such a diagnostic deprivation of freedom in the event of a suspected offense with a simultaneous doubt as to the person’s sanity at the time of the committing the act (Code of Criminal Procedure), doubt as to mental illness beings a cause of behavior threatening one’s own life or health, or the lives of others (Act on the Protection of Mental Health) and the exist-ence of a mental illness as a reason for incapacitation (Code of Civil Procedure). These legal institutions differ as for constitutional justification (Article 31 point 3) of the Polish Constitution) and their permissible duration. These differences are the main subject of the analysis. Particularly doubtful seems the possibility of diagnostic deprivation of freedom provided for in the proceedings on incapacitation, as to its duration (it may last up to 3 months).

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