The ethics of expert evidence
In: The library of essays on legal ethics and the enforcement of law
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In: The library of essays on legal ethics and the enforcement of law
"Since the early 1990s, unexplained infant death has been reformulated as a criminal justice problem within many western societies. This shift has produced wrongful convictions in more than one jurisdiction. This book uses a detailed case study of the murder trial and appeals of Kathleen Folbigg to examine the pragmatics of proof beyond a reasonable doubt. It explores how legal process, medical knowledge and expectations of motherhood work together when a mother is charged with killing infants who have died in mysterious circumstances. The author argues that Folbigg, who remains in prison, was wrongly convicted. The book also employs Folbigg's trial and appeals to consider what lessons courts have learned from prior wrongful convictions, such as those of Sally Clark and Angela Cannings. The author's research demonstrates that the Folbigg court was misled about the state of medical knowledge regarding infant death, and that the case proceeded on the incorrect assumption that behavioural and scientific evidence provided independent proofs of guilt. Individual chapters critically assess the relationships between medical research and expert testimony; the operation of unexamined cultural assumptions about good mothering; and the manner in which contested cases are reported by the press as overwhelming"--Provided by publisher
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In: Social & legal studies: an international journal, Band 25, Heft 4, S. 512-515
ISSN: 1461-7390
In: (2016) 76 SCLR (2d) 143 - 167
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In: Canadian journal of law and society: Revue canadienne de droit et société, Band 30, Heft 3, S. 489-490
ISSN: 1911-0227
In: (2013) 45:3 Australian Journal of Forensic Sciences 284-295
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In: (2012) 57 Supreme Court Law Review (2d) 295-316, reprinted in Benjamin L. Berger & James Stribopoulos, eds., Unsettled Legacy: Thirty Years of Criminal Justice under the Charter (Markham: LexisNexis, 2012) 329-350.
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In: (2012) 40 Federal Law Review 385-411
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In: MURDER, MEDICINE AND MOTHERHOOD, Hart Publishing, 2011
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In: The Australian feminist law journal, Band 27, Heft 1, S. 71-95
ISSN: 2204-0064
In: Social identities: journal for the study of race, nation and culture, Band 13, Heft 6, S. 751-768
ISSN: 1363-0296
In: Heritage matters
In: The Historic Environment: Policy & Practice (vol. 7) (nos.2-3) 2016: pp. 151-162
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