We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

'Discuss with reference to academic sources, case law, the Law Commission's proposals in the Law Commission Consultation Paper 1 - Essay Example

Comments (0) Cite this document
Harris Kamran Law Consultation Paper 7 July 2011 The Effectiveness Of a Screening Panel For Expert Evidence In Criminal Trials Criminal trials have been, of late, increasingly relying upon the presentation of expert evidence for decision making, especially in cases that involve complex technical, scientific or professional concepts or understanding1…
Download full paper
Discuss with reference to academic sources, case law, the Law Commissions proposals in the Law Commission Consultation Paper 1
Read TextPreview

Extract of sample
'Discuss with reference to academic sources, case law, the Law Commission's proposals in the Law Commission Consultation Paper 1

Download file to see previous pages... This means that such evidence carries a considerable weight in jury decisions, especially if it goes in accordance with circumstantial evidence4. Indeed, the “aura of infallibility”5 regarding the scientific evidence is sometimes enough to polarise the court and sway it heavily in favour of one party6. Whereas the inclusion of expert evidence in criminal trials has proven to be very helpful in jury decisions, especially when it is as straightforward as DNA results7, there have been many disturbing miscarriages of justice in regard to either too much or very unreliable expert evidence, which has led to a growing skepticism8 among the legal bodies about the involvement of such information. This paper relays some of those problems and their causes, and proposes a solution in the form of a screening panel for the analysis of such evidence as a solution to these problems. Expert evidence, owing to its nature, is complex and technical, and is often beyond the intellectual capacity and understanding of the legal body, including the judge, jurors, and lawyers, because they have not been trained for such disciplines. This leads to the basic controversy that the judge and the jurors tend to side with the expert readily, given the “aura of infallibility”(No 5)9, as stated before. This trend alone can lead to grave miscarriages of justice, as it stems from two further issues. Firstly, it is not necessary that the expert opinion is based on reliable and authentic sources, and that the methodology of data collection and analysis is standardised and authentic. Often the scientific techniques for gathering evidence do not reach up to the mark10, or are not fully developed or researched in that region. This means that the legal body would be basing their decisions on unreliable and flawed information_ an inexcusable error in the legal discourse11. Secondly, the objectivity of the expert can be questionable. By law, the expert is expected to be an “independent” witness12, that is, unbiased and basing his statements only on the factual evidence. However, this might not be the case. The expert witness is, more often that not, also the expert adviser to one of the parties13, and as an adviser, by law, he is expected to abide by non-disclosure and loyalty to his party, aiming, at no time during the legal proceedings, to harm the image or motives of his party14. The same adviser, when presenting as a witness in court and submitting expert evidence, is expected, by law, to be impartial and adhere to complete disclosure of all the information on which he is basing his opinions, such that those facts should be the same on which the judge or the jurors would base their decisions15. As can be clearly seen, these two roles of the expert witness contradict each other and are paradoxical in nature, leading to many wrongful decisions by the court16, or at the least, eliciting a lot of controversies. Expert witnesses cost money, and the employment of multiple expert witnesses by the different parties means the legal proceedings become quite an expensive affair17. This problem exacerbates when the parties involved have different economic standings, leading to a disparity between the parties in relation to the accessibility of resources. This means that those who can afford it will be able to call more expert witnesses ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“'Discuss with reference to academic sources, case law, the Law Essay”, n.d.)
Retrieved from https://studentshare.org/macro-microeconomics/1427718--discuss-with-reference-to-academic-sources-case
('Discuss With Reference to Academic Sources, Case Law, the Law Essay)
“'Discuss With Reference to Academic Sources, Case Law, the Law Essay”, n.d. https://studentshare.org/macro-microeconomics/1427718--discuss-with-reference-to-academic-sources-case.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
Critically appraise the Joint Law Commission proposals for the reform of the law relating to Business Insureds, considering furt
The Marine Insurance Act (MIA) dates back to 1906. It is over 100 years old. There have been so many changes in businesses and insurance that it is only common sense to expect an updated model of MIA. That answers the questions whether there was a need for Joint Law Commission’s proposals or not.
7 Pages(1750 words)Essay
Sources Of International Law
This is because, inter alia, the states have found in this source a deliberate method by which to create binding international law. Article 38 of the statute of the international court of justice lists international treaties whether general or particular-establishing rules expressly recognized by the contesting states as the first source of international law.
8 Pages(2000 words)Essay
Sources of Tort law
In such legal conventions, courts implement customary rules as though they had been endorsed by the appropriate legislative authority (Brownlie, 1990, Byers, 1999, Byers, 2000, Dickinson, 1920). Custom thus amounts to a spontaneous norm which is recognized by the legal system and granted enforcement as a proper legal rule.
8 Pages(2000 words)Essay
The Victorian Law Reform Commission
The Final report was given to the Attorney-General on 6 October 2004. One of the recommendations in the report regarded the abolition of the partial defense of provocation. From my point of view, the reason for considering abolishing the defence of provocation is the fact that the laws in regard to defence of provocation are usually used for excusing or condoning male aggression towards women.
6 Pages(1500 words)Essay
I conducted further research on the Incorporated Council of law reporting for England and Wales only to find that it has been in existence since 1865 and prove to be an authority on both law and its accurate reporting. The fact that the Council operated as a charity served to further convince me of its dedication to accurate reporting and its commitment to do with no consideration for financial gain.
6 Pages(1500 words)Essay
The Rome Convention has followed the English notion of the proper law of the contract very closely. Discuss with reference to case law and academic opinion
In the history of UK law, since the implementation of the provisions of the Rome Convention within the UK through the Contracts (Applicable law) Act of 1990, it may be noted that adjudication that has taken
8 Pages(2000 words)Essay
Law Commission
The Law Commission’s report on cohabitation is welcome since it recognizes the legal validity of the cohabitation relationship, however, some drawbacks need to be addressed.
9 Pages(2250 words)Essay
The Sources of Law
There may be several legislative bodies in a state; central, provincial or state and the municipal authorities. It contains laws that explain; what is required authorized or prohibited
1 Pages(250 words)Essay
Insurance And Joint Law Commission Proposals
Therefore, insurance within the global arena is a vital element especially with respect to financial planning. UK insurance law that defines and regulates contracts between insured and insurers made several proposals (Hamilton, 1995). The proposals touched on the theories and practices of the insurance.
9 Pages(2250 words)Essay
Module 1: Criminal Law/Civil Law (CASE) Module 1
However, while he was expected to fully take responsibility of his actions that involved the use of unsterilized needles with his clients. Doctor Stokes was sentenced to 101/2 years in jail for insurance fraud as well as three extra
2 Pages(500 words)Essay
Let us find you another Essay on topic 'Discuss with reference to academic sources, case law, the Law Commission's proposals in the Law Commission Consultation Paper 1 for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us