The english legal system states about
1: criminal cases
2: civil cases
Criminal cases is where the state takes action against an individual to determine if that against an individual to determine if that individual is guilty or not or a crime. Civil cases is where one individual takes action against another,usually to get money. Adversarial system is that two parties come before the court,give their version of the events in the dispute.The court must find out what happened,taking into account eveidence of facts and eveidence of opinion.Facts are what hears and someone saw,heard or did.Opnions are given by expert witnesses,It must be an independent views of facts which the expert gives to help the court understand the case, based on training and experience.And court will also consider other evidence such as documentry and real report. Talking about Role of expert witness,there are many issues that the court is required to determine which are so far removed from the court's experience that it needs too obtain the opinion of experts."If matters arise in our law which concer other sciences...,we commonly apply for the aid of that science which it concerns." Expert witness opinion is an exception to the exclusionary rules and is permitted to give opinion evidence.In civil litigation: "where a person is called as a witness in any civil proceeding,his opinion on any relevant matter on which he is qualified to give expert evidence shall be admissible in evidence." SIR BERNARD SPILSBURY (1877-1947)
Sir Bernard Spilsbury is the first home office Pathologist.The first expert witness comments : A simple newspaper report of spilsbury's attendence at a mortuary or churchyard was enough to condemn an accused man to death,even before committal proceedings have begun.He could achieve single-handed all the legal consequences of homicide-arrest,prosecution,conviction and final post-mortem requiring only the breif assistance of the hangman. Increasing judicial scrutiny
Introduction of civil Procedure rules in the year 1999.Single court appointed expert agreed by parties.Expert conferences to find agreement/disagrement. In recent criminal sudden infant death syndrome(SIDS) cases: Sally clark,Trupti Patel,Angela Cannings.
Introduction of the Criminal Procedure ( amendment) rules (2006) 2nd amendment part 33 duty expert to the court and content of expert's report. And allow court to appoint a single defence expert. In Shaken baby (NAHI) cases, In the year 1998, the state of Massachusetts v woodward a model for prosecuting and defending SBS cases. In the year 1999, the state of california v Basuta from the perspective of practice perhaps more instructive. in 2005, the court of appel criminal division, R v Harris,Rock,Cherry and Faulder considered whether traid pathognomonic. Shaken Baby Syndrome is a Non accidental head injury (NAHI): Triad of encephalopathy,Subdural,haemorrhages and retinal haemorrhages. And the figures shown explains the shaken baby injuries , subdural haemorrhages and discriminating between non- accidental impact injury and short falls. Theory of biomechanics of head injury chart shows the impact of INJURY. Subdural Haematoma suspected as a Marker for abuse. SDH thresholds established from a range of sources. Infant head Injury Assessment Reference Values (IARVs) for SDH give the impression of certainty Translational
Peak g = 50,51 and 52g (6,12 and 18 months) Head Injury Criterion = 377,390 and 440 HIC ( 6,12 and 18 months respectively. Rotational
Angularacceleration for risk of bridging vein rupture= 4500-(10000)-22,500 radsec-2 History of Shaken baby syndrome controversies are general agreement that whiplash loading can produce the injury commonly associated with shaking. It is not agreed that humans can generate sufficient forces by shaking.The research has suggested that an impact is required.This view is based on research conducted on crude biomechanical dolls and adult primate studies. Theory...