Topic

How poor understanding of scientific evidence has caused wrong decisions in criminal proceedings

Author

G Edmond

Viewpoint

Argues that there is an idealised view of scientific evidence, particularly by the appeal court, which can be addressed by exploring the conceptual disparity between the assessment of scientific evidence used to acquit and that used to convict.

Source

‘Constructing Miscarriages of Justice: Misunderstanding Scientific Evidence in High Profile Criminal Appeals’ (2002) 22/1 OJLS 53

Topic

The Law Commission Report on Expert Evidence in Criminal Proceedings

Author

T Ward

Viewpoint

The author notes that, two years after the publication of the Law Commission’s reform proposals, the prospect of legislation is remote given the fear about costs. He disagrees with critics of this delay in implementing a radical overhaul. He argues that the basic principles of the common law are sound, although in some cases they have not been adequately applied. He identifies these principles as a broad test of prima facie admissibility coupled with a power to exclude evidence whose potential prejudicial effect outweighs its probative value.

Source

‘Expert Evidence and the Law Commission: Implementation without Legislation?’ [2013] Crim LR 561