Evidence: Expert evidence

Question 1

What is the general rule of admissibility of opinion?

Answer 1

Opinions, beliefs, and infrences of witnesses are inadmissible to prove the truth of the matter believed or inferred if such matters are an issue or relevant to the facts of issue in a case.

Question 2

What is the exception to the general principle that opinions are inadmissible?

Answer 2

Expert evidence is concerned with an experts knowledge on which the court would be unable to properly reach a conclusion unaided

Question 3

Which case establishes the need to expert evidence?

Answer 3

Buckley v Rice Thomas 1554

Question 4

What is the excepetion to the general principle that hearsay is inadmissible?

Answer 4

Experts drawn upon bodies of knowledge and the work of others in their field

Question 5

What two principles govern admisisiility of expert evidence?

Answer 5

Necessity and reliability

Question 6

When is it necessary that specialist study or experience is required?

Answer 6

Juries are designed to make decision on the basis of ordinary reasonable people
If trier of fact (jury) can make their own decision no expert is needed
Some issues go beyond the experience of an ordinary person

Question 7

Do expert opinions carry too much weight?

Answer 7

The authority of an expert is part of the point providing they only carry the weight they are due
Also a question of relaibility

Question 8

What does criminal procedure ( insanity and unfitness to plead) act 1991 s1(1) require?

Answer 8

Medical expertise of two or more practitioners before a jury can return and not guilty by reason of insanity judgement

Question 9

It is for the jury to decide if the assistnace of expert evidence is required.

Answer 9

False

Question 10

What is the general prinicple regarding expert evidence?

Answer 10

If D is normal no expert opinion is needed

Question 11

What does the case R v Toner 1991 deal with?

Answer 11

Intent and hypoglycaemia
Considered that expert evidence of hypoglycaemia on the ability to form an intent was admissible and that was because that was a complex issue outside the ordinary experience of jurors

Question 12

What does R v Masih 1986 deal with?

Answer 12

Low IQ
Expert evidence is generally admissible withr egard to somebody who has an IQ of 69 or lower

Question 13

What does the case R v Hurst 1995 show?

Answer 13

Hurst sought to induce psyhciatric evidence for a defence of duress by threats
Hurstw as not suffering from any mentla illness - the request for an expert was denied
The court held that the jury must not ahve its core function undermined

Question 14

DNA evidence is conclusive.

Answer 14

False

Question 15

Which six cases show the procurators fallacy?

Answer 15

Doheny 1996
Gabriel 2020
Mitchell 2004
Reed 2009
Dlugosz 2013
Tserkiri 2017

Question 16

What does the case R v Dohney 1996 deal with?

Answer 16

COA gave detailed guidance on DNA evidence
Basic probability 1 in a million share same DNA profile
In uk 1/60 plus other factors
Random occurrence ratio
DNA experts should be clear about the limits of their evidence

Question 17

What does the case R v Gabriel 2020 deal with?

Answer 17

Conspiracy to possess firearms
DNA evidence linking 3 people to the muzzle it was not clear which of the three
Wanted to exclude as they were triplets
In addition to evidence they were all in contact with each other
Convicted and appealed as unscertain which of three as have same DNA
Appeal dismissed as in close relationship and made contact fufilling consporacy from which an agreement can be inferred -was enough to rebut suggetsion that it was by way of coincidence
Experts should not speculate

Question 18

What does the case R v Mitchell 2004 show?

Answer 18

Cases involving low template DNA - not very much DNA

Question 19

Whta were the facts of the case R v Reed 2009?

Answer 19

Needs to be a min level of DNA
200 picograms needed to provid an evidential basis

Question 20

What occured in R v Dlugosz 2013?

Answer 20

Relaibility of evidence not actual weight of sample

Question 21

What happened in R v Tserkiri 2017?

Answer 21

No evidential or legal principle which prevents the case solely dependent on the presence of the defendants DNA profile
DNA evidence may turn on what explanantion the suspect gives

Question 22

Which three cases look at the evidence of probability?

Answer 22

Adams 1996
Clark 2003
Anthony 2005

Question 23

What is evidence of probability?

Answer 23

If each piece of evidence was given a probability
However jurors cannot use these to calculate guilt
Courts generally reject

Question 24

What is shown in the case of R v Adams 1996?

Answer 24

Juries decide via ‘the joint application of their individual common sense an knowledge of the world to the evidence before them’ using statisitcs or other complex mathematical formulae is ‘inappropraite and unncecessary’

Question 25

What is evident in the case of R v Clark 2003?

Answer 25

Chances of 2 cot eaths in a family
Evidence deduced that cot death was 1 in 8,000
Chance of 2 in one family had a 1 in 73 million chance of happening
Big impact on jury
COA stated that statisitical evidence should not have been admitted as it overlloked factual elements that may have made a second cot detah more likely
Statistic that could severly prejudice the jury and undermine the presumption of innocence

Question 26

What are expert reports?

Answer 26

Where experts can provide reports instead of appearing and giving testimony

Question 27

What does Criminal Procedure Rules 2015, rules 19.6 state?

Answer 27

Provides a mechanism where there are multiple experts who may disagree
Discuss the expert issue and prepare report explaining arguments
General risk experts get blame rather than system if something goes wrong

Question 28

Counsel cannot push experts to edit their reports.

T/F

Answer 28

False
Also may be legitimate reason but could also be inappropriate

Question 29

The jury is bound to follow expert opinion
T/F

Answer 29

False