ipl-logo

Expert Testimony In Criminal Law Cases

1960 Words8 Pages

In examining the role of expert testimony in criminal law cases, there are several factors to be considered; the most significant is the question of what weight is given to the expert witnesses’ testimony and what affect this has on the outcome. In cases to determine whether an offender ought to be labeled as a dangerous offender, these questions have reaching implications. The medicalization of deviancy, and the role of expert witnesses in presenting their psychological and psychiatric findings to the court, deeply affects the outcomes for the offenders involved. By medicalizing risk and relying on diagnoses such as psychopathy, the medical experts’ testimony contributes to the pathologizing of criminal individuals and leads to higher rates of dangerous offender designations. …show more content…

If the offender is convicted of a designated offence, and has been previously convicted at least twice of designated offences, being sentenced to at least two years of imprisonment for each of those convictions (Criminal Code 1985:s. 752.01), the prosecutor has a duty to advise the court as to whether she/he intends to make a dangerous offender application. If the court finds that there are reasonable grounds to “believe that an offender… might be found to be a dangerous offender under section 753…. the court shall… remand the offender, for… an assessment or have an assessment performed by experts for use as evidence” (Criminal Code 1985:s. 752.1[1]). Expert medical evidence, typically gathered by and testified to by “psychiatrist or psychologist” (Blais 2014:3), is a requirement for a dangerous offender

Show More
Related

  • New Jersey Vs Cavallo Case Study

    645 Words  | 3 Pages

    Arguments: The State argues that “proffered evidence” of Dr. Kuris’ expert testimony is irrelevant because Cavallo may have committed rape on this specific encounter regardless if he does not possess rapist characteristics. The defendants argue that the reliability of scientific expert testimony should determine the importance, not admissibility. Issue: Whether, (1) Dr. Kuris’ expert testimony is relevant as an expert opinion evidence of Cavallo’s character under the ruling of Rule 47? (2) Did Dr. Kuris’ expert testimony satisfy the special limitations on expert evidence under the ruling of Rule 56 (2) and New Jersey case law? (3) Did Dr. Kuris’ expert testimony achieve general acceptance in the scientific community to convince the court that it is reasonably

    Read More

  • Appeal Of The Queen V. Danny Lalumiere Case

    1100 Words  | 5 Pages

    The case prosecuted under the court of Appeal of Ontario, Her Majesty the Queen v Danny Lalumiere, in 2011, was intended to appeal the conviction of counseling to commit murder. The appellant argued that the life sentence was not appropriate and was outside the range of sentences imposed on similar offenders for similar offenses. This is an example of a case where legal guilt was used to provide a conviction. The conviction of the appellant was based on the testimony of a psychiatrist doctor, Dr. Pallandi, who provided a profile of the accused and concluded that the appellant was pathologically predisposed to commit an offense. The appellate court ruled against the Crown’s decision at the trial, stating that the appellant lacked moral culpability for his offenses and therefore the sentence was not deserved.

    Read More

  • Case Study: Strickland V. Washington

    1778 Words  | 8 Pages

    The counselor also judged that he should rely on the plea colloquy for evidence about respondent’s background and his claim of emotional stress. The counselor believed the plea colloquy provided sufficient information to the Court about these subjects. He also believed that by not introducing new evidence on these subjects, he prevented the State from cross-examining the respondent on his claim and from introducing its own psychiatric evidence. He also was successful in excluding other damaging evidence from the sentencing hearing, including the introduction of the respondent’s criminal history. He also judged that a pre-sentence report would likely be more damaging than helpful because it

    Read More

  • FRE 704 V PA Rules Of Evidence

    547 Words  | 3 Pages

    The mental health expert opinion concerns a defendant's mental capacity at the time of the offense, which is likely to show defendant's mental capacity to form the type of specific intent a conviction of the crime. The charges seem to play a role in PA. Therefore, it is likely that the opinion of the mental health’s expert as to whether the defendant was insane at the time of the offense will reveal the defendant's mental capacity to form the type of specific intent a conviction of the

    Read More

  • Kira Peikoff

    426 Words  | 2 Pages

    In the article, “Beware the Biomarkers for Criminal Behavior,” Kira Peikoff analyzes the expanding use of brain imaging and biomarkers to predict criminal behavior. She describes the expansion of these technological advancements as a possible violation to an individual’s basic civil rights of innocent until proven guilty. Piekoff expresses that with these growing advancements in this technology a fine line between science and morality should be explored with caution. Our society today may consist of individuals with mental defects, but where is the line drawn in depicting a future crime without infringing on an individual 's basic civil rights. Peikoff provides three distinguishable premises in her article.

    Read More

  • Competency Restoration Case Study

    1019 Words  | 5 Pages

    The legal guideline aims to remind psychologists about their primary obligations as well as rational “precautions to respect the confidentiality rights of those with whom they work or consult, recognizing that confidentiality may be established by law, institutional rules, or professional or scientific relationships.” Maintaining privacy and confidentiality of the defendant facilitate their openness assisting them to recall and relate “pertinent facts and events, including his motives and actions at the time of the offense, and be able to testify in his behalf and to challenge prosecution witnesses.”

    Read More

  • The Outcome Of Eroy Brown's Trial

    1493 Words  | 6 Pages

    Eroy Brown was a convicted murderer who faced several trials throughout his life. The outcome of his trials was influenced by several factors, including the evidence presented in court, the jurors’ biases, and the actions of the prosecution and defense. One of the most significant factors that influenced the outcome of Eroy Brown’s trials was the evidence presented in court. In some cases, the evidence was conclusive and left no doubt as to Brown’s guilt or innocence. For example, in one of his trials, Brown was convicted of murdering a fellow inmate based on eyewitness testimony and physical evidence found at the scene of the crime.

    Read More

  • Andrea Yates Research Paper

    1545 Words  | 7 Pages

    Katherine Jaros Dr. Ann Burgess FORS5317.01 4/19/2023 Understanding Andrea Yates: Mental Health and its Relationship to Violent Crime INTRODUCTION Mental health in criminal offenders is a highly complex and controversial issue that plays a critical role in determining how we understand and evaluate violent crimes. A significant number of offenders who commit violent crimes have some form of mental illness or disorder, which drives interest in studying such cases. Furthermore, during the legal process, there are always two sides that approach mental health in criminals and put it in consideration differently as they argue for opposite outcomes in the courtroom. Defense lawyers seek to emphasize the role that the illness or disorder

    Read More

  • Ronald Cotton Case Study

    1428 Words  | 6 Pages

    Psychological Monographs: General and Applied, 2(4), i-109. Greene, E., & Heilbrun, K. (2011). Wrightsmans psychology and the legal system (7th ed.). 20 Davis Drive Belmont, CA 94002 USA: Wadsworth, Cengage Learning. Thompson-Cannino, J., Cotton, R., & Torneo, E. (2010).

    Read More

  • Criminal Justice System: Chapter Summary And Analysis

    810 Words  | 4 Pages

    Introduction and Summary: Chapter 11 focuses on the individuals with mental illness and the criminal justice system. Every year there are hundreds of thousands of individuals with mental illness who are arrested. The past decade a lot of the state hospital and mental health facilities have been shut down for lack of funding. Many of the seriously mentally ill are roaming the streets. The serious mental illness regarding this chapter would include schizophrenia, bipolar disorder, and severe depression.

    Read More

  • Mental Illness In Correctional Facilities

    475 Words  | 2 Pages

    The correctional facilities should provide evaluations and specific psychological test to determine if the person has a mental illness or if they do not while in jail. Inmates that have mental illness should be sent to a mental health facilities rather than being kept in jail where they not receiving the help they need. If the inmate is not treated for the proper mental disorder than they can be a danger to the correctional facilities and themselves. Lastly, if inmates are giving a psychological test then the correctional facilities will stop overlooking the inmates with a mental illness that need to be in a mental health facilities rather than housed in jail. How forensic psychologist can play a role?

    Read More

  • How Does Tom Robinson Show Innocence In To Kill A Mockingbird

    732 Words  | 3 Pages

    In the novel To Kill a Mockingbird by Harper Lee the term mockingbird symbolizes innocence in a person. In the novel it focuses on the fact that innocence, represented by the mockingbird, can be wrongfully harmed. There are two characters: Tom Robinson and Arthur “Boo” Radley that are supposed to represent the mockingbird. In the novel, Tom Robinson is the best example of a mockingbird because he is prosecuted for a crime he did not commit. Also, he was judged unfairly based on the color of his skin in his trial.

    Read More

  • Community Mental Health Act Of 1963 Essay

    1349 Words  | 6 Pages

    The front line of that process is the police, who frequently determine whether someone will enter the mental health system or the criminal justice system. Even police who are equipped and inclined to recognize mental illness and respond appropriately, however, find themselves constrained to redirect the mentally ill into the criminal justice system because of a lack of alternatives. The local law enforcement can redirect non-violent mentally ill in crisis to the clinic for assessment and assistance instead of

    Read More

  • Criminal Justice Psychologist

    554 Words  | 3 Pages

    Criminal Justice Psychologist The psychologist is a vital asset to the criminal justice system. The psychologist can examine victims, police officials and various witnesses thus making them ethically obligated to make the right decisions and evaluations. This essay will discuss the roles of psychologist as they work within the criminal justice system. I will Identify and describe the psychologists’ roles within the criminal justice system as it pertains to the applied scientist, the basic scientist, the policy evaluator, and the advocate.

    Read More

  • Pros And Cons Of The Daubert Standard

    1404 Words  | 6 Pages

    Under the modified Daubert standard, relevant scientific evidence is only admissible if it is centered upon testable hypotheses, conforms with the standard rate of potential errors, has been peer reviewed, and if the method is generally accepted in the scientific community (Hoog, 2008). However, there are three problems with the application of the Daubert standard. Firstly, David E. Bernstein and Jeffrey D. Jackson (2004) proved that there was no uniformity in the application of the standard in the sense that it’s only abided with in a portion of the states, and not necessarily with full adherence. Secondly, since the judge is not a scientist, it is difficult for him/her to, without doubt, determine the full honesty of the experts’ testimonies. An example from the Willingham case would be the two medical experts asserting that he was a sociopath although one was an irrelevant family counselor and the other, known as “Dr. Death” and later expelled from the American Psychiatric Association for ethical violations, had not even spoken to Todd Willingham.

    Read More

More about Expert Testimony In Criminal Law Cases

Open Document