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With expert evidence used more and more often in criminal jury
cases, evaluation of its admissibility and presentation is being
increasingly thrust into the spotlight. However, jury room secrecy
has long prevented a rigorous analysis of its complexities. Expert
Evidence and Criminal Jury Trials draws on an unprecedented study
carried out in Commonwealth jurisdictions which have recently
granted access to jurors, offering a unique exploration of the
presentation and comprehension of expert evidence in criminal jury
trials and a critical perspective on parallel UK processes. The
authors combine empirical research conducted in the courtroom with
expert academic analysis, examining, analysing, and comparing the
views of not only real jurors, but also courtroom lawyers, judges,
and experts across over 50 trials to gauge how complex and
sometimes conflicting expert evidence is perceived and understood
by all parties. Examples of modern technologies used in expert
evidence, including DNA analysis and facial and body-mapping, are
considered, and discussion of the challenges they pose covers not
only issues of procedure and approach, but also perceptual issues
and those of cognitive evaluation. This innovative study aims to
facilitate a broader understanding of the use of expert evidence,
what problems exist with it, and how such problems influence the
communication of information to jurors. While the survey that
informs the book relates to criminal trials in three Australian
jurisdictions, the legal and psychological issues explored
transcend national boundaries, allowing this book to fill a gap in
the market for a practical discussion of expert evidence and its
use that will be relevant to practitioners in any jurisdiction
which utilises an adversarial trial system or juries in criminal
trials.
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