By Bernard Robertson, G. A. Vignaux, Charles E. H. Berger
This ebook explains the proper logical method of research of forensic clinical proof. the focal point is on normal tools of study appropriate to all sorts of facts. It starts off through explaining the final ideas after which applies them to matters in DNA and different vital types of clinical facts as examples. just like the first version, the e-book analyses genuine felony circumstances and judgments instead of hypothetical examples and indicates how the issues perceived in these situations could were solved by way of an accurate logical method. The e-book is written to be understood either via forensic scientists getting ready their facts and through attorneys and judges who've to accommodate it. The research is tied again either to easy clinical ideas and to the rules of the legislation of proof. This publication can be crucial examining for legislation scholars taking facts or forensic technology papers and technology scholars learning the applying in their medical specialisation to forensic questions.
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Additional info for Interpreting evidence: evaluating forensic science in the courtroom
On the other hand, in practice, we can usually identify a small number worth considering. For example, a robbery charge might be defended by denying that the incident took place or by denying that the accused was the person involved, and each of these has variations. During the course of the trial (and before the trial in civil cases), it will become clear what the grounds of the defence are. In the vast majority of cases, the two most likely hypotheses will be those put forward by the prosecution and by the defence.
In principle, evidence will be relevant when the likelihood ratio is less than or greater than 1. A likelihood ratio of 1 means that the evidence is neutral. • It is easy, but wrong, to transpose the conditional; witnesses, judges, and counsel need to be alerted to this. • Although relevant, evidence may be excluded by an exclusionary rule or because its probative value (measured by the likelihood ratio) is not sufficient to overcome the cost of admitting it in terms of time, money, confusion, or prejudice.
The search for the truth in a legal setting is therefore not absolute but conditional on the positions taken by the parties and the information available. The possibility that a hypothesis that has not been considered may be true could explain what Gibbs CJ and Mason J in the High Court of Australia meant in the ‘Dingo Baby Case’11 : once the possibility that one of the children killed Azaria is rejected, as it was by common agreement at the trial, only two possible explanations of the facts remain open – either a dingo took Azaria, or Mrs Chamberlain killed her.
Interpreting evidence: evaluating forensic science in the courtroom by Bernard Robertson, G. A. Vignaux, Charles E. H. Berger