L16 - Forensic Experts and Criminal Law in NZ Flashcards
What is the process of the legal system in New Zealand?
- Complaint made to Police
- Police investigation
- Defendant arrested and charged
- Callover
- Pre-trial hearings
- Trial
- Sentencing
Who can prosecute?
- Police (some crimes e.g. drink drive)
- Crown Law or warrant holders (major crimes, CSIs/SOCOs)
ESR are then called in after
Who is involved in defence?
- Independant barristers
- Public Defence Service
Who is allowed to provide opinion which is different to facts?
Experts
What does the Evidence Act 2006 define?
‘Opinion’ evidence, which is different from evidence of fact
What is the definition of an expert?
Person who has specialised knowledge or skill based on training, study, or experience
What is the definition of expert evidence?
Evidence of an expert based on the specialised knowledge or skill of that expert and includes evidence given in the form of an opinion
What is the recommendation around fingerprints?
Fingerprint evidence should be recognised as opinion evidence, not fact, and those involved in the criminal justice system need to assess it as such on its merits
What is the duty of the expert witness?
- Impartial (to the court)
- Within bouds of expertise
Expert witness must be…?
- Full
- Fair
- Robust
- Logical
- Transparent
Experts must be…?
- Independant
- Unbiased
- Impartial
What is an expert witness’s duty to the court?
- An expert witness has an overiding duty to assist the Court impartially on relavent matters within the expert’s area of expertise
- An expert witness is not an advocate for the party who engages the witness
What are 3 important rules of expert witness?
- Duty of expert witness is to the court, not the party instructing him or her
- They should stay within the bounds of their expertise and have the courage to say when they have reached the edges
- Experts should be away of bias and adopt behaviours to avoid bias as much as possible
