The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts’ ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.
It is therefore not unexpected that many contributions in the present volume cover first and foremost the jurisprudence of these two tribunals. In contrast, the International Criminal Court (ICC) has not yet concluded a full case cycle.
The book examines the implications of cosmopolitan thought for the functioning of the ICC, and the implications of this for the position of witnesses before the ICC/other tribunals.
This book contributes to the international debate about expert evidence. It is a worthy source for lawyers and judges in South Africa, the Netherlands and England and Wales.
Differences between the legal and political codes may undo this attempt to recast the courts as havens of political ... in R. de Lange and K. Raes (eds), Plural Legalities: Critical Legal Studies in Europe (The Hague, 1991), p.172; ...
Bestselling author Matthew Lippman, a professor of criminal law and criminal procedure for over 25 years, creates an engaging and accessible experience for students from a public policy perspective through a multitude of contemporary ...
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Most jurisdictions limit the right to “stand your ground” when confronted with nondeadly force to an individual who is without fault, a true man. An aggressor employing nondeadly force must clearly abandon the struggle, and it must be a ...
The Third Edition keep readers up to date with coverage of timely topics and the most current developments in criminal law and public policy.
Rees, the Court upheld the constitutionality of Kentucky's lethal injection protocol. ... Rees, ____ U.S. ___ (2008), Roberts, J. Facts Like thirty-five other states and the federal government, Kentucky has chosen to impose capital ...
The author offers an extensive review of the mechanisms available in different (international) law-systems to prevent and redress miscarriages of justice, from the causes of miscarriages of justice to examining forensic reports.