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Expert evidence: dangers and the enhancement of reasoning

Published online by Cambridge University Press:  15 May 2024

Peter Charleton  and
Ivan Rakhmanin
Peter Charleton*
Affiliation:
Judge of the High Court of Ireland since 2006 and of the Supreme Court of Ireland since 2014. He was lecturer in criminal law at Trinity College Dublin and is now adjunct professor of criminal law and criminology at the National University of Ireland, Galway, Ireland. Charleton is a graduate of Trinity College Dublin.
Ivan Rakhmanin
Affiliation:
Former judicial assistant assigned to the Supreme Court of Ireland, and is currently a trainee solicitor at A&L Goodbody, Dublin, Ireland. Rakhmanin is also a graduate of Trinity College Dublin.
*
Correspondence Charleton Peter. Email: Petercharleton@judiciary.ie
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Summary

This article considers the role of experts and their interaction with the legal system to better understand the benefits and potential dangers of expert evidence to fact-finders in trials. Medical experts are indispensable to the administration of justice as litigation ranges beyond what judges or juries comfortably deal with as facts of everyday life. This would render courts, absent expert evidence, vastly under-equipped in making decisions of fact. However, the dangers of surrendering authority to experts or of misunderstanding their role must be considered to ensure that expert evidence is used to benefit the administration of justice.

Keywords

Expert evidencepsychiatry and lawscientific evidencerole of a judgemedical evidence
Type
Article
Information
BJPsych Advances , First View , pp. 1 - 8
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Copyright
Copyright © The Author(s), 2024. Published by Cambridge University Press on behalf of Royal College of Psychiatrists

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Footnotes

A version of this article was published in the Irish Judicial Studies Journal 2023; 7(1): 52–69 (https://www.ijsj.ie/editions/2023-edition-1/) under the title ‘The safe use of expert evidence’, which in turn was based on a paper delivered to the 21st Annual Grange Conference in September 2022. This article, while drawing on those sources, was rewritten for mental health professionals.

References

References

Best, WM (1911) Principles of the Law of Evidence, with Elementary Rules for Conducting the Examination and Cross-Examination of Witnesses (11th edn). Sweet & Maxwell.Google Scholar
Charleton, P, McDermott, PA, Herlihy, C, et al (2020) Charleton and McDermott's Criminal Law and Evidence (2nd edn). Bloomsbury.Google Scholar
Cross, R, Wilkins, N (1964) An Outline of the Law of Evidence. Butterworths.Google Scholar
Dwyer, DM (2007) The effective management of bias in civil expert evidence. Civil Justice Quarterly, 26: 57–60.Google Scholar
Grimm, PW (2017) Challenges facing judges regarding expert evidence in criminal cases. Fordham Law Review, 86: 1601–15.Google Scholar
Gross, SR (1991) Expert evidence. Wisconsin Law Review, 6: 1113–232.Google Scholar
Heffernan, L (2013) Hearsay in criminal trials: the Strasbourg perspective. The Irish Jurist, 49(1): 132–60.Google Scholar
Heydon, JD (1975) Evidence: Cases & Materials. Butterworths.Google Scholar
Hodgkinson, T, James, M (2020) Expert Evidence: Law and Practice (5th edn). Sweet & Maxwell.Google Scholar
Irish Law Reform Commission (2008) Consultation Paper: Expert Evidence (LRC CP 52-2008). Law Reform Commission.Google Scholar
Irish Law Reform Commission (2016) Report: Consolidation and Reform of Aspects of the Law of Evidence (LRC 117-2016). Law Reform Commission.Google Scholar
Lucraft, M (2021) Archbold: Criminal Pleading, Evidence and Practice. Sweet & Maxwell.Google Scholar
Malek, HM (2022) Phipson on Evidence (20th edn). Sweet & Maxwell.Google Scholar
Ministry of Justice (2021) Practice Direction 35 – Experts and Assessors (updated 31 May 2021). Ministry of Justice (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part35#IDA2MICC). Accessed 18 Apr 2024.Google Scholar
Ndou, MM (2019) Assessment of contested expert medical evidence in medical negligence cases: a comparative analysis of the court's approach to the Bolam/Bolitho test in England, South Africa and Singapore. Speculum Juris, 33(1): 54–68.Google Scholar
Rix, K (2011) Expert Psychiatric Evidence. Cambridge University Press.Google Scholar
Taylor, P (1931) Treatise on the Law of Evidence (12th edn). Sweet & Maxwell.Google Scholar
Wilson, N (2013) Concurrent and court-appointed experts? From Wigmore's ‘Golgotha’ to Woolf's ‘proportionate consensus’. Civil Justice Quarterly, 32(4): 493–507.Google Scholar
Doyle v Wicklow County Council [1974] IR 55.Google Scholar
Duffy v McGee [2022] IECA 354.Google Scholar
Folkes v Chadd (1782) 3 Doug 157.Google Scholar
James Elliott Construction Ltd v Irish Asphalt Ltd [2011] IEHC 269.Google Scholar
Loveday v Renton (No 1) [1989] 1 Med LR 117.Google Scholar
M'Naghten's Case (1843) 8 ER 718.Google Scholar
R v Atkins [2009] EWCA Crim 899.Google Scholar
R v DD [2000] 2 SCR 275.Google Scholar
R v Golds [2016] UKSC 61.Google Scholar
R v Keal [2022] EWCA Crim 341.Google Scholar
R v Mohan [1994] 2 SCR 9.Google Scholar
R v Rosik [1971] 2 OR 47.Google Scholar
R v Sullivan [1984] AC 156.Google Scholar
Routestone Ltd v Minories Finance Ltd & Anor [1997] BCC 180.Google Scholar
The Ikarian Reefer [1993] 2 Lloyds Rep 68.Google Scholar
The People (DPP) v Abdi [2022] IESC 35.Google Scholar
The People (DPP) v Heffernan [2017] IESC 5.Google Scholar
The People (DPP) v Kehoe [1992] ILRM 481.Google Scholar
Doyle v Wicklow County Council [1974] IR 55.Google Scholar
Duffy v McGee [2022] IECA 354.Google Scholar
Folkes v Chadd (1782) 3 Doug 157.Google Scholar
James Elliott Construction Ltd v Irish Asphalt Ltd [2011] IEHC 269.Google Scholar
Loveday v Renton (No 1) [1989] 1 Med LR 117.Google Scholar
M'Naghten's Case (1843) 8 ER 718.Google Scholar
R v Atkins [2009] EWCA Crim 899.Google Scholar
R v DD [2000] 2 SCR 275.Google Scholar
R v Golds [2016] UKSC 61.Google Scholar
R v Keal [2022] EWCA Crim 341.Google Scholar
R v Mohan [1994] 2 SCR 9.Google Scholar
R v Rosik [1971] 2 OR 47.Google Scholar
R v Sullivan [1984] AC 156.Google Scholar
Routestone Ltd v Minories Finance Ltd & Anor [1997] BCC 180.Google Scholar
The Ikarian Reefer [1993] 2 Lloyds Rep 68.Google Scholar
The People (DPP) v Abdi [2022] IESC 35.Google Scholar
The People (DPP) v Heffernan [2017] IESC 5.Google Scholar
The People (DPP) v Kehoe [1992] ILRM 481.Google Scholar
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