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Dalhousie Law Journal

Evidence

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Trial By Theory: A Response To Acharya's "Law's Treatment Of Science: From Idealization To Understanding", Gary Edmond, Kent Roach Apr 2013

Trial By Theory: A Response To Acharya's "Law's Treatment Of Science: From Idealization To Understanding", Gary Edmond, Kent Roach

Dalhousie Law Journal

Adopting a pragmatic and empirically sensitive approach to the use of forensic science and medicine, this essay defends Edmond and Roach's "AContextual Approach to the Admissibility of the State's Forensic Science and Medical Evidence." The authors reiterate their concerns about idealized approaches to science and expertise and question the utility of philosophically-driven and essentialist models of science for legal practice. In detail the essay explains why privileging process over outcomes in the criminal process (andeven perpetuating the dichotomy) is misguided. The authors affirm the importance of factual accuracy and the socio-institutional illegitimacy generated by wrongful convictions. Drawing upon recent inquiries …


La Preuve, Les Techniques Modernes Et Le Respect Des Valeurs Fondamentales, Wafe Maclauchlan May 1991

La Preuve, Les Techniques Modernes Et Le Respect Des Valeurs Fondamentales, Wafe Maclauchlan

Dalhousie Law Journal

In La preuve, les techniques modernes et le respect des valeurs fondamentales, Professor Pierre Patenaude has produced a scholarly and practical inquiry into the question of how law responds to science. This book raises questions of the gathering, the admissibility and the reliability of evidence through modem techniques such as electronic surveillance, breathalyzer tests, lie detectors, radar, the administration of truthinducing drugs, and hypnosis. It combines a thoughtful examination of values underlying the law of evidence with an introduction to the complexities and the frailities of scientific investigative techniques.