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Criminal Proceeding

Fundamentals of Probability and Statistical Evidence in Criminal Proceedings

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Introduction to Communicating and Interpreting Statistical Evidence in the Administration of Criminal Justice

0.1 Context, Motivation and Objectives

Statistical evidence and probabilistic reasoning today play an important and expanding role in criminal investigations, prosecutions and trials, not least in relation to forensic scientific evidence (including DNA) produced by expert witnesses. It is vital that everybody involved in criminal adjudication is able to comprehend and deal with probability and statistics appropriately. There is a long history and ample recent experience of misunderstandings relating to statistical information and probabilities which have contributed towards serious miscarriages of justice.

0.2 English and Scottish criminal adjudication is strongly wedded to the principle of lay factfinding by juries and magistrates employing their ordinary common sense reasoning. Notwithstanding the unquestionable merits of lay involvement in criminal trials, it cannot be assumed that jurors or lay magistrates will have been equipped by their general education to cope with the forensic demands of statistics or probabilistic reasoning.

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The Role of Brain Fingerprinting in Criminal Proceedings

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The application of Brain Fingerprinting® testing in a criminal case involves four phases: investigation, interview, scientific testing, and adjudication. Of these four phases, only the third one is in the domain of science. The first phase is undertaken by a skilled investigator, the second by an interviewer who may be an investigator or a scientist, the third by a scientist, and the fourth by a judge and jury.

This is similar to the forensic application of other sciences. For example, if a person is found dead of unknown causes, first there is an investigation to determine if there may have been foul play. If there is a suspect involved, the suspect is interviewed to determine what role, if any, he says he has had in the situation. If the investigation determines that the victim may have been poisoned using ricin or cadmium, two rare and powerful poisons, then scientific tests can be conducted to detect these specific substances in the body. Then the evidence

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The Media, the Jury, and the High-Profile Defendant: A Defense Perspective on the Media Circus

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I. INTRODUCTION

Throughout American history, there has been tension between the Sixth Amendment right of a criminal defendant to receive a fair trial and the First Amendment right for freedom of the press to publish news about criminal trials. Over the last seventy-five years in particular, media coverage of trials has steadily increased as a result of rapid advancements in technology. The increase in media coverage has led to the use of the term “high-profile” to define cases and defendants subjected to heightened media scrutiny. Initially, the use of cameras, and then television, in the courtroom triggered the heated constitutional debate over the proper balance of the First and Sixth Amendments. Beyond the traditional types of mass media, including newsprint and television reports, the Internet is a phenomenon that has rapidly and immeasurably changed the way in which the general public accesses information; its relative speed and broad, global reach portend an age where media has an even greater effect on juries

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The Voiceless Victim : A Critical Analysis Of The Impact Of Enhanced Victim Participation In The Criminal Justice Process

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Abstract

In contrast to many European jurisdictions, the victim of an alleged crime in England, Wales and Northern Ireland is denied any form of meaningful participation at the trial stage of the criminal justice process. This is by reason of the unyielding structure of the Anglo-American adversarial system, which facilitates a dispute between two parties only - the prosecution, acting on behalf of the collective public interest and the defence. In recent years, however, the victims’ movement has gained momentum as advocates of victims’ rights have been engaged in an impassioned campaign to enhance the participatory rights of victims in the criminal justice process. Fervent arguments have been articulated pertaining to the value of various forms of victim input. This paper cogitates some of these arguments and critically evaluates how enhanced victim participation in the criminal justice process has the potential to undercut the integrity of the Anglo- American adversarial system; a system with objective adjudication at its core....

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Premenstrual Stress Syndrome As A Defense In Criminal Cases

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Premenstrual stress syndrome (PMS syndrome) is a disorder afflicting many women.' The symptoms of PMS syndrome include excessive thirst and appetite, bloating, headaches, anxiety, ,depression,irritability, and general lethargy. Diagnosis depends on the timing of the symptoms rather than on their type, number, or severity; not all patients experience all possible symptoms. The symptoms develop and increase in intensity from seven to fourteen days prior to the onset of menses and disappear rapidly thereafter. PMS syndrome can range in severity from mild to incapacitating, in both a physical and psychological sense. Recently, in England, female defendants in separate criminal actions successfully pleaded diminished responsibility or mitigating circumstances by establishing that they suffered from PMS syndrome. It has been reported that France also recognizes PMS syndrome as a form of legal insanity. The use of PMS syndrome as the basis for a diminished capacity defense in England, and increased research and awareness of the syndrome...

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