Checking the Allure of Increased Conviction Rates: The Admissibility of Expert Testimony on Rape Trauma Syndrome in Criminal Proceedings

1984 ◽  
Vol 70 (8) ◽  
pp. 1657 ◽  
Author(s):  
R. R. L.
Keyword(s):  
Expert Testimony ◽  
Criminal Proceedings ◽  
Rape Trauma Syndrome

scholarly journals Medical and Chemical Expertise in English Trials for Criminal Poisoning, 1750–1914

2006 ◽  
Vol 50 (3) ◽  
pp. 373-390 ◽  
Author(s):  
Katherine D Watson
Keyword(s):  
Nineteenth Century ◽  
Expert Testimony ◽  
Late Nineteenth Century ◽  
Legal Practice ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Medical Expertise ◽  
History Of ◽  
The Subject ◽  
Eighteenth And Nineteenth Centuries

This article contributes to the literature on the history of medico-legal practice by using a survey of 535 poisoning cases to examine the emergence of forensic toxicological expertise in nineteenth-century English criminal trials. In emphasizing chemical expertise, it seeks both to expand upon a limited literature on the history of the subject, and to offer a contrast to studies of criminal poisoning that have tended to focus primarily on medical expertise. Poisoning itself is a topic of abiding interest to historians of forensic medicine and science because (together with insanity) it long tended to attract the greatest attention (and often confrontation) in criminal proceedings. In looking at a wide number of cases, however, it becomes apparent that few aroused true medico-legal controversy. Rather, the evidence from several hundred cases tried as felonies during the eighteenth and nineteenth centuries indicates that prior to the 1830s few presented any opportunity for “a battle of experts”. While Ian Burney and Tal Golan have shown that this was certainly not the case during the mid and late nineteenth century, this paper goes further by dividing the period under study into three distinct phases in order to show how expert testimony (and experts themselves) changed during the course of the century, and why this process opened a door to the potential for formalized controversy.

scholarly journals Mysticism in the courtroom in 19th-century Europe

2018 ◽  
Vol 31 (3) ◽  
pp. 21-40 ◽  
Author(s):  
Andrea Graus
Keyword(s):  
Criminal Justice ◽  
19Th Century ◽  
Expert Testimony ◽  
European Countries ◽  
Public Concern ◽  
Criminal Courts ◽  
Criminal Proceedings ◽  
Criminal Charges ◽  
Mystical Experiences ◽  
The 19Th Century

This article examines how and why criminal proceedings were brought against alleged cases of Catholic mysticism in several European countries during modernity. In particular, it explores how criminal charges were derived from mystical experiences and shows how these charges were examined inside the courtroom. To bring a lawsuit against supposed mystics, justice systems had to reduce their mysticism to ‘facts’ or actions involving a breach of the law, usually fraud. Such accusations were not the main reason why alleged mystics were taken to court, however. Focusing on three representative examples, in Spain, France and Germany, I argue that ‘mystic trials’ had more to do with specific conflicts between the defendant and the ecclesiastical or secular authorities than with public concern regarding pretence of the supernatural. Criminal courts in Europe approached such cases in a similar way. Just as in ecclesiastical inquiries, during the trials, judges called upon expert testimony to debunk the allegedly supernatural. Once a mystic entered the courtroom, his or her reputation was profoundly affected. Criminal lawsuits had a certain ‘demystifying power’ and were effective in stifling the fervour surrounding the alleged mystics. All in all, mystic trials offer a rich example of the ways in which modern criminal justice dealt with increasing enthusiasm for the supernatural during the 19th century.

Regulating (Hetero)Sexual Offences in British Columbia, 1885-1940

2001 ◽  
Vol 35 (2-3) ◽  
pp. 285-319
Author(s):  
Dorothy E. Chunn
Keyword(s):  
Expert Testimony ◽  
Sex Discrimination ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Sexual Offences ◽  
Battered Woman Syndrome ◽  
Legal Outcomes ◽  
Late Twentieth ◽  
The Relationship

Since the late twentieth century, much literature and debate has addressed the use and misuse of science and expertise in the courts and the relationship between science and law in the determination of legal outcomes. Feminists have examined these issues in relation to the adjudication of criminal cases involving women accused (battered woman syndrome – BWS; pre-menstrual syndrome – PMS) and women complainants/victims (rape trauma syndrome – RTS) as well as cases in other areas of law such as sex discrimination and sexual harassment. Their research demonstrates that expert testimony reflects class-based, gendered, racialized, and sexualized assumptions and is clearly important to case outcomes. On one hand, judges often are swayed by expert testimony given at trial and/or submitted at the pre-trial or pre-sentence stage of the criminal process. On the other hand, non-legal experts often act like legal agents on behalf of either the prosecution or the defense. Indeed, the issue of competing experts is central to much discussion and debate about their place in criminal proceedings.

State-by-State Use of AMA Guides

2019 ◽  
Vol 24 (5) ◽  
pp. 3-7, 16
Keyword(s):  
Expert Testimony ◽  
Narrow Range ◽  
The United States ◽  
Workers Compensation ◽  
Federal Employees ◽  
Permanent Disability ◽  
Sixth Edition ◽  
History Of ◽  
Canadian Provinces

Abstract This article presents a history of the origins and development of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), from the publication of an article titled “A Guide to the Evaluation of Permanent Impairment of the Extremities and Back” (1958) until a compendium of thirteen guides was published in book form in 1971. The most recent, sixth edition, appeared in 2008. Over time, the AMA Guides has been widely used by US states for workers’ compensation and also by the Federal Employees Compensation Act, the Longshore and Harbor Workers’ Compensation Act, as well as by Canadian provinces and other jurisdictions around the world. In the United States, almost twenty states have developed some form of their own impairment rating system, but some have a narrow range and scope and advise evaluators to consult the AMA Guides for a final determination of permanent disability. An evaluator's impairment evaluation report should clearly document the rater's review of prior medical and treatment records, clinical evaluation, analysis of the findings, and a discussion of how the final impairment rating was calculated. The resulting report is the rating physician's expert testimony to help adjudicate the claim. A table shows the edition of the AMA Guides used in each state and the enabling statute/code, with comments.

A Trial Consultant's View of the Medical Expert Witness

2013 ◽  
Vol 18 (4) ◽  
pp. 7-10
Author(s):  
Deborah Rutt ◽  
Kathyrn Mueller
Keyword(s):  
Nonverbal Communication ◽  
Expert Testimony ◽  
Medical Literature ◽  
Expert Witness ◽  
Personal Injury ◽  
Expert Witnesses ◽  
Good Teacher ◽  
Medical Expert ◽  
Medical Terms ◽  
Medical Issues

Abstract Physicians who use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) often serve as medical expert witnesses. In workers’ compensation cases, the expert may appear in front of a judge or hearing officer; in personal injury and other cases, the physician may testify by deposition or in court before a judge with or without a jury. This article discusses why medical expert witnesses are needed, what they do, and how they can help or hurt a case. Whether it is rendered by a judge or jury, the final opinions rely on laypersons’ understanding of medical issues. Medical expert testimony extracts from the intricacies of the medical literature those facts the trier of fact needs to understand; highlights the medical facts pertinent to decision making; and explains both these in terms that are understandable to a layperson, thereby enabling the judge or jury to render well-informed opinions. For expert witnesses, communication is everything, including nonverbal communication that critically determines if judges and, particularly, jurors believe a witness. To these ends, an expert medical witnesses should know the case; be objective; be a good teacher; state opinions clearly; testify with appropriate professional demeanor; communicate well, both verbally and nonverbally; in verbal communications, explain medical terms and procedures so listeners can understand the case; and avoid medical jargon, finding fault or blaming, becoming argumentative, or appearing arrogant.

Valuable Maxims for Expert Testimony

PsycCRITIQUES ◽  
2016 ◽  
Vol 61 (6) ◽  
Author(s):  
G. Andrew H. Benjamin
Keyword(s):  
Expert Testimony
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