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Fresh expert evidence in CCRC cases
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O'Brian Jr., William E. (2011) Fresh expert evidence in CCRC cases. King's Law Journal, Vol.22 (No.1). pp. 1-26. doi:10.5235/096157611794895273
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Official URL: http://dx.doi.org/10.5235/096157611794895273
Abstract
This article considers the approach of the Criminal Cases Review Commission and of the Court of Appeal to applications for referral of convictions based on conflicting expert evidence. It concludes that the Court of Appeal has been overly hostile to such cases and overly deferential to the resolution by juries of conflicts in expert evidence. Perhaps as a result of this attitude, the Commission may have in turn been unduly hesitant in referring such cases to the Court. It argues that the expertise and procedures of the Commission warrant encouraging greater use of that expertise, and correspondingly less deference by the Court of Appeal to jury verdicts in such cases.
| Item Type: | Journal Article | ||||
|---|---|---|---|---|---|
| Divisions: | Faculty of Social Sciences > School of Law | ||||
| Journal or Publication Title: | King's Law Journal | ||||
| Publisher: | Hart Publishing Ltd. | ||||
| ISSN: | 09615768 | ||||
| Official Date: | 2011 | ||||
| Dates: |
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| Volume: | Vol.22 | ||||
| Number: | No.1 | ||||
| Page Range: | pp. 1-26 | ||||
| DOI: | 10.5235/096157611794895273 | ||||
| Status: | Peer Reviewed | ||||
| Publication Status: | Published |
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