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(2010) 14 E & P 1

Need verdicts come in pairs?
Larry Laudan

Given the high standard of proof that operates in criminal cases, the meaning of an acquittal is highly ambiguous. This disadvantages the genuinely innocent defendant and also citizens who are unsure of the significance of any given ¿Not Guilty¿ verdict. The finders of fact may have taken any one of a wide range of views in relation to the defendant¿s guilt, and it is argued that the two extremes of acquittal and conviction take insufficient account of this.

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(2010) 14 E & P 25

From ad hoc to hybrid¿the rules and regulations governing reception of expert evidence at the International Criminal Court
Roger Derham and Nicole Derham

The International Criminal Court has been established as a permanent forum to try only the gravest of crimes. Given the unique treaty-sanctioned amalgamation of common law and civil law procedures of the Court, this article examines the evidentiary provisions for the reception of expert opinion at pre-trial, trial and reparation stages. It discusses some of the recent decisions concerning expert witness testimony and considers whether this jurisprudence has evolved sufficiently to overcome many of the perceived shortcomings of expert witness involvement in the ad hoc tribunals. The article looks to recent developments in national civil and criminal law procedures concerning expert testimony and proposes the adoption of a specific definition of what the ICC actually considers an expert or expert witness to be, as well as a Code of Conduct for such witnesses. In conclusion the article proposes a minimal-set of procedural modifications thought essential to optimise the use of experts and expert witnesses at the ICC.

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Links to other issues

Volume 5 (2001) :   1   2   3   4

Volume 6 (2002) :   1   2   3   4

Volume 7 (2003) :   1   2   3   4

Volume 8 (2004) :   1   2   3   4

Volume 9 (2005) :   1   2   3   4

Volume 10 (2006) :   1   2   3   4

Volume 11 (2007) :   1   2   3   4

Volume 12 (2008) :   1   2   3   4

Volume 13 (2009) :   1   2   3   4

Volume 14 (2010) :   1

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