Showing papers in "Australian Journal of Forensic Sciences in 2001"
TL;DR: Gastwirth et al. as mentioned in this paper present a survey of the state of the art in statistical science in the course of the COURTROOM, focusing on the following topics:
Abstract: STATISTICAL SCIENCE IN THE COURTROOM Edited by Joseph L Gastwirth. Springer, New York. 2000, Statistics for Social Science and Public Policy series, hardcover, 443 pp; US$59.95; ISBN 0 387 98997 8
13 citations
TL;DR: Abstract BUREAUCRATIC LANGUAGE in government and business: Roger W. Shuy.
Abstract: BUREAUCRATIC LANGUAGE IN GOVERNMENT AND BUSINESS: Roger W. Shuy. Georgetown University Press, Washington, 1998, hardback, 190pp.; RRP US$49.95; ISBN 0-87840-696-4. Paperback also available...
12 citations
TL;DR: Like many others, I have spent the last ten years in a personal quest to understand the nature of drug use why some drugs are illicit and others are not, and why some people have trouble with drugs and others do not.
Abstract: Like many others, I have spent the last ten years in a personal quest to understand the nature of drug use why some drugs are illicit and others are not, why some people have trouble with drugs and others do not, and what we should be doing to decrease problems associated with the use of illicit drugs. Right up front, let me make myself very clear. I am not concerned about drug use as such, but about problematic drug use.
8 citations
TL;DR: The common law almost universally employs the jury to ascertain the truth about disputed facts, that is to say, the facts in issue in the case as mentioned in this paper, and this is found most clearly enunciated in Brislzells Case (1670) Vaughan's Reports 135.12.
Abstract: All legal systems make the primary distinction between questions of law and questions of fact. The common law almost universally employs the jury to ascertain the truth about disputed facts, that is to say, the facts in issue in the case. There of course were earlier methods of trial such as compurgation or trial by battle. In earlier times, witnesses were called but not cross-examined.. They swore to their belief in the plaintiff’s tale. It was not till the Sixteenth Century that the practice of relying upon sworn testimony and witnesses became general. The jury became the judge of fact and not the judge. This is found most clearly enunciated in Brislzells Case (1670) Vaughan’s Reports 135. Ajury did not give reasons for its verdict. The incorporation of the jury into the constitution of the Court has had some extremely beneficial results. The litigant gets a body of persons who brings average commonsense to bear on the facts of his case. Notable authors say they have a marvellous faculty for “scenting out a fraud” (Chaliners 3 L.Q.R. 10.12 in Holdsworth History of English Law, Vol. 1,348).
7 citations
6 citations
TL;DR: By putting an opinion in writing the expert invites ridicule from the adversary and eventually in the witness box, for the expert the matter usually comes to an end in a mercifully short while.
Abstract: By putting an opinion in writing the expert invites ridicule from the adversary and eventually in the witness box. For the expert the matter usually comes to an end in a mercifully short while. Judges can expect a far longer scrutiny. They attract attention and risk ridicule for as long as their judgments feature in precedent. Adumcik' has this dubious distinction. It represents an extreme, hopefully never to be seen again.
3 citations
TL;DR: The law is a ass, Mr.Bumble's assertion in Dicken's Oliver Evist struck a responsive chord which resonates on in public consciousness more than a century later and gives the means to justify a decision regardless of logic and reality.
Abstract: (2001). Quieta movere magna merces videbatur: Judgments Revisited: ABALOS - A High Court Low. Australian Journal of Forensic Sciences: Vol. 33, No. 2, pp. 61-74.
3 citations
2 citations
TL;DR: The question is somewhat tendentious, but the idea that the US is engaged on a war against drugs is just a rhetorical device from which to launch the claim that drug law enforcement has failed.
Abstract: (2001). Has the War on Drugs Failed? Australian Journal of Forensic Sciences: Vol. 33, No. 1, pp. 15-21.
2 citations
TL;DR: A study of malpractice recovery from hospitals in the Netherlands and the explanations for the much lower number of claims than in Germany or Italy are considered.
Abstract: The author overviews different approaches to medical negligence law and compensation. He considers in more detail a study of malpractice recovery from hospitals in the Netherlands and the explanations for the much lower number of claims than in Germany or Italy. (non-author abstract)
2 citations
TL;DR: A bloodstain found on a towel that was an exhibit in the case was described as being of Pacific Islander in appearance and the appropriate conclusion was that the DNA originated from two people.
Abstract: A bloodstain had been found on a towel that was an exhibit in the case. DNA amplification and classification in nine variable DNA systems, plus sex determination, were performed on DNA isolated from the bloodstain. In some of the DNA systems three forms of the DNA were identified and in one system there were four forms of DNA. The appropriate conclusion was that the DNA originated from two people. The person who committed the offence was described as being of Pacific Islander in appearance. Ultimately two brothers, Pacific Islanders, were arrested and charged in connection with the crime. Their DNA profiles were determined from blood samples.