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FSL > History of Expert Witness > Flashcards

History of Expert Witness Flashcards

1
Q

‘forensis’

A

“pertaining to the court”

“in open court”

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2
Q

forensic

A

relating to the court and legal system

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3
Q

forensic expert or expert witness

A

relating your role to the court

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4
Q

history of forensic science

A 
pictures of finger prints - pre-700BC
Julius Caesar - Rome 44BC 
1st Century AD -  Quintilian 
1235 -  Sun Tzu 
1248 - China 
17th Century - The Enlightenmnet 
1880 - Henry Faulds 
FoAnth - late comer
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5
Q

Julius Caesar

A

Rome 44BC
First juridicial PM examination
Antistius’ report - first case of an expert witness report giving rise to the term ‘forensic’

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6
Q

1st Century AD Quintilian

A

demonstrated a bloody handprint had been left as a frame, thereby proving a man innocent

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7
Q

1235 - Sun Tzu

A

Sun Tzu and the bloody sickle demonstrated an understanding of the behaviour of flies in relation to blood. The first successful use of entomology in modern court was in 18th century France.

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8
Q

1248 - China

A

first pathology text book = ‘The Washing Away of Wrongs’

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9
Q

17th Century - The Enlightenment

A

saw a real rise in scientific advances

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10
Q

1880 - Henry Faulds

A

wrote a paper suggesting fingerprints at a scene can identify a perpetrator

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11
Q

Forensic anthropology

A

The application of anthropological expertise to a legal setting. Relates to the application of scientific methods and techniques to the investigation of crime, relating to the courts of law.

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12
Q

Jurisdictions

A

authority given by law to the court to try cases and rule on legal matters within a particular geographic area and/ or over certain types of legal cases. Each jurisdiction will have differences in the ways in which the courts are related and work.

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13
Q

Expert witness in jurisdictions

A

Specificities may vary but the underlying role of the expert witness remains the same.

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14
Q

2 common types of legal system

A

adversarial - court is referee

inquisitorial - judge plays active role in investigation

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15
Q

Court

A

physical environment where trials take place
involves the judiciary, other legal professions and police
civil or criminal

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16
Q

civil court

A

resolves disputes between civilians

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17
Q

criminal court

A

resolves disputes between civilians and the state

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18
Q

which court would a forensic anthropologist most likely be found in

A

criminal court

19
Q

what do experts work from

A

legislation and case law

20
Q

what legislation do experts work from

A

criminal procedural rules 2015 and 2018 amendments

21
Q

what case law do experts work from

A

e.g. Frye and Daubert criteria

22
Q

2 types of witnesses found in court

A

lay (provide evidence of fact)

expert (allowed to give opinion)

23
Q

History of the use of experts: the two ways experts were introduced in a court

A
  1. to select jurymen who were themselves considered to have a degree of skill/knowledge in the issues to be discussed
  2. call on skilled persons to give their opinion to the court to aid the court
24
Q

Early cases involving an expert witness

A

Earl Ferrers 1760
Folkes vs Chadd 1782
R. v Silverlock 1894 (R v Bunnis 1964)
Davie v Magistrates of Edinburgh 1953

25
Q

Earl Ferrers 1760

A

earliest case using expert witness
defence of insanity
lay witness testified changes in behavious
surgeon called in to give his opinion on whether Lord Ferrers was insane based on the evidence given by other witnesses

26
Q

Folkes vs Chadd 1782

A

first civil case to use expert witness
engineer gave evidence on why a harbour had deteriorated
opinion from engineer was proper evidence because of his expertise which was based on the study of facts
- entitled to opinion as long as you stay within your area of expertise

27
Q

R. v Silverlock 1894 (R v Bunnis 1964)

A

handwriting analysis, but issue centred on how witness acquired his expertise
Lord Russell CJ - more important the expert is skill rather than how they became to be skilled
R v Bunnis - further developed - test of expertness is skill and skill alone, in their field

28
Q

Lord Justice Cresswell - 1993 Case

A

reiterated and summarised the role of the expert witness and their duties and responsibilities

29
Q

Duties of the expert witness

A
  • Expert evidence should be independent of and uninfluenced by the party instructing the opinion
  • An expert witness should provide independent assistance to the court by way of unbiased opinion on matters within his expertise
  • An expert witness should state the facts or assumptions on which their opinion is based and should not omit material which detract from the concluded opinion
  • An expert should make it clear when a question is out-with their area of expertise
  • An expert must state when their opinion is not properly research due to insufficient available data and indicate that the opinion is no more than a provisional one
30
Q

Modern definition of an expert

A

anyone with knowledge or experience in a particular field or discipline beyond that expected of a layman. EW makes his knowledge and experience available to the court to help it understand the issues and reach a sound and just decision

31
Q

issues with expert witnesses

A

seen as people of science, science doesn’t always solve the problem

32
Q

Junk Science

A

Peter Huber 1992 - ‘Galileo’s revenge, junk science in the courtroom’.
Lawyers use junk science
Argues for better control in relation to admissibility and for more responsible use of science in the court room

33
Q

Issues with the use of the expert witness - Lord Wolff 1996 interim report

A
  • Taking the role of partisan advocates and not neutral fact finders
  • Delay in receiving their reports and finding dates for them to attend court
  • Solicitors are too selective, only choosing the most senior in a field
  • Difficult for the court to exclude evidence totally
  • Can be pressed by instructing solicitors to ‘improve’ their reports
  • Experts stray out-with their field of expertise
34
Q

Miscarriages of justice

A

due to unreliable or improper forensic science
use of DNA and development of technology has exposed miscarriages of justice
The Innocence Report

35
Q

The Innocence Report

A

Neufel and Scheck 1992 - exonerating the wrongfully committed
365 DNA exonerations
45% because of misapplication of forensic science
- lack of scientific rigour for forensic techniques, improper application of techniques and tests, improperly conveying results in court and repots and fabricating results

36
Q

NAS Report 2009

A

“Strengthening Forensic Science in the United States”

  • end product of 3 years of research and testimony
  • exposed issues within forensic science
  • identified what was required to improve scientific research
  • with the exception of DNA analysis, no forensic method shows correlation between evidence and a individual
37
Q

Methods highlighted in the NAS report

A
  • Handwriting
  • Firearms/ bullets
  • Tool marks
  • Bite marks
  • Fingerprints
  • Footwear impressions
38
Q

Problems with forensic science as highlighted by the NAS report

A
  • Subjective analysis
  • Lack of science
  • Inter-observer error
  • Anecdotal evidence in the court room
  • Lack of admitted error due to research
  • Lack of fundamental science
39
Q

Outcome of the NAS report

A

13 recommendations

  • Standardise terminology and practices
  • Expand research on the accuracy, reliability and validity of forensic sciences
  • Independence of forensic science services for the control of law enforcement agencies
  • Support research on human observer bias and sources of error
  • Establish a national code of ethics
40
Q

PCAST Report 2016

A

Same concerns in NAS report were reiterated and expanded upon
‘Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature Comparison Methods’
Conducted by Presidential Council of Advisors on Science and Technology
Written in response to Obama’s question (any further steps to ensure validity)
Examined research underlying specific feature comparison disciplines
Identified 2 gaps

41
Q

2 gaps in feature comparison disciplines identified in PCAST report 2016

A 
1 = the need for clarity about the scientific standards for the validity and reliability of forensic methods 
2 = The need to evaluate specific forensic methods to determine whether they have been scientifically established to be valid and reliable
42
Q

Recommendations of report included

A
  • The introduction of evaluations of the scientific methodology of current and future technologies
  • Directing legal professionals to ensure that expert testimony used was based on valid methods
  • Better resources to support the judicial training in the evaluation of forensic evidence
43
Q

Recommendations of report included

A
  • The introduction of evaluations of the scientific methodology of current and future technologies
  • Directing legal professionals to ensure that expert testimony used was based on valid methods
  • Better resources to support the judicial training in the evaluation of forensic evidence

FSL (4 decks)

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