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Forensic Expert Evidence (Types of Forensic Evidence (Crime Scene, Botany…
Forensic Expert Evidence
Expert Witnesses
Engineers - Civil, Electronic, Computer Science and Communications
Medical Professionals - Psychiatrists, Pathologists, Clinical Practitioners
Forensic Scientists - Biologists, Chemists, Physics. and Physical Evidence
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The CSI Effect - A term developed by the media, scientific evidence - unfair influence, white coact effect - honeysett vs the queen
Witnesses
Factual Witness - Evidence - Saw, Heard, Experienced - Eyewitness, Police etc
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Evidence Act 1995 (NSW) - First enacted by the Commonwealth and than NSW Parliament in 1995
Evidence ACT 2008 - in Victoria follows Uniform Evidence Act (UEA)
Section 79 (Exclusionary Rule) will be in EXAM - Exception: Opinions based on specialised knowledge - expect to submit CV, court will decide if exception allowed
Two Principles in S79 - 1. Specialised Knowledge, Study or Experence 2. The Opinion Must be "Wholly or Substantially Based on that knowledge
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R V Tang (2006) - challenges S79, expert was deemed incorrect in facial mapping etc - JUNG Case affected cases alot
Daubert standard (1993) - whether the experts scientific evidence is based on reasoning or methodology that is valid
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Daubert 1. whether the theory or technique in question can be and has been tested 2. Whether it has been subjected to peer review and publication 3. It known or potential error rate 4. The existence and maintenance of standards controlling its operation 5. Whether it has attracted wide spread acceptance
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