Module Three Flashcards
What is science in policy
Improve the use of science in legal decision making - expert witness etc
What is policy in science
Inefficient judicial decision making as an instrument for managing technology
Admitting expert evidence
Evidence must be relevant most fs evidence is opinion thus its subject to exclusionary rules, expert opinion based on specialised knowledge, reliability not always required
What are the two different admissibility standards
Frye (1923) + Daubert (1993)
What is Dauberts reliability validity model
Stems from Daubert case 1993 Daubert and family lost case because the science behind their evidence wasn’t recognised by the great scientific community
What are the Daubert guidelines to admissibility
testing
Peer review publication
Error Rate
General acceptance in scientific community
What is the is true general acceptance test
Judge has to ask scientific community to evaluate evidence. It questions the scientific community that specialised in the evidence could vouch for it - lead to bias, or lack of experts lead to it being excluded regardless of how well it worked
What are the Australian admissibility standards
Two systems of evidence law
Common law system
Uniform evidence law
What are the guidelines for expert evidence to be admitted
Sufficiently relevant
Training or experience
Assist the trier/tribunal of fact
What is the basis rule
Facts must be supported by admissible evidence + the technique must be explained
What are ad hoc experts
Seen in common law — witnesses w/o appropriate qualifications, not familiar w body of knowledge, no training etc. they express opinions on their interpretation of images, voices etc
What happens if admissibility is challenged
Voir dire = a trial within a trial essentially
Hot-tubbing = expert witness from different areas discuss issues in concurrent hearing- consensus found
Judge direction = restrict expert testimony
