This fifth edition has been revised and updated to address recent changes in the law and debates on controversial topics such as surveillance and human rights. Coverage of expert evidence has also been expanded to include forensic evidence, bringing the text right up-to-date.
Including enhanced pedagogical support such as chapter summaries, further reading advice and self-test exercises, this leading textbook can be used on both undergraduate and professional courses.
The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
The book begins with chapters on the history and ethics of crime reconstruction, and then shifts to the more applied subjects of general reconstruction methods and practice standards. It concludes with chapters on courtroom conduct and evidence admissibility, to prepare forensic reconstructionists for what awaits them when they take the witness stand.
This book is a watershed collaborative effort by internationally known, qualified, and respected forensic science practitioners with generations of case experience. Forensic pioneers such as John D. DeHaan, John I. Thornton, and W. Jerry Chisum contribute chapters on arson reconstruction, trace evidence interpretation, advanced bloodstain interpretation, and reconstructionist ethics.
Other chapters cover the subjects of shooting incident reconstruction, interpreting digital evidence, staged crime scenes, and examiner bias. Rarely have so many forensic giants collaborated, and never before have the natural limits of physical evidence been made so clear.
This book is ideal for forensic examiners, forensic scientists, crime lab personnel, and special victim and criminal investigators. Others who will benefit from this book are law enforcement officials, forensic medical personnel, and criminal lawyers.
* Contains the first practice standards ever published for the reconstruction of crime
* Provides a clear ethical canon for the reconstructionist
* Includes groundbreaking discussions of examiner bias and observer effects as they impact forensic evidence interpretation
* Ideal for applied courses on the subject of crime reconstruction, as well as those teaching crime reconstruction theory within criminology and criminal justice programs
• "Group to Individual (G2i) Inference in Scientific Expert Testimony," David L. Faigman, John Monahan & Christopher Slobogin
• "Game Theory and the Structure of Administrative Law," Yehonatan Givati
• "Habeas and the Roberts Court," Aziz Z. Huq
• "Cost-Benefit Analysis and Agency Independence," Michael A. Livermore
• "Accommodating Every Body," Michael Ashley Stein, Anita Silvers, Bradley A. Areheart & Leslie Pickering Francis
In addition, the issue includes a Review Essay by Sharon R. Krause entitled "The Liberalism of Love," and these student Comments:
• "Toward a Uniform Rule: The Collapse of the Civil-Criminal Divide in Appellate Review of Multitheory General Verdicts," Nathan H. Jack
• "All out of Chewing Gum: A Case for a More Coherent Limitations Period for ERISA Breach-of-Fiduciary-Duty Claims," Raphael Janove
Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.
Innovations in Evidence and Proof is published at an exciting time of theoretical renewal and increasing empirical sophistication in legal evidence, proof and procedure scholarship. This groundbreaking collection will be essential reading for Evidence teachers, and will also engage the interest and imagination of scholars, researchers and students investigating issues of evidence and proof in any legal system, municipal, transnational or global.