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Murdoch University Electronic Journal of Law |
Author: | David L Ranson Department of Forensic Medicine, Monash University |
Issue: | Volume 1, Number 3 (September 1994) |
This work comprises four loose leaf volumes and represents a major modern
work in the area of expert evidence. In
addition to the legal content, the work includes information on a wide
range of specialist scientific areas that might be subject to involvement
in the legal process.
The work is typical of many major legal publications in that it is assembled
in the form of loose-leaf volumes. Because of this, it allows for
continuous updating of information with both new and updated inserts. With
the rapid changes to be found in the areas of forensic science, forensic
medicine and the law, the loose-leaf series is a practical alternative to
the formally bound text book.
Whilst an Australian work, the specialist areas relating to the individual
expert scientific disciplines in which expert evidence is delivered are of
course of international relevance. The
same international significance is not usually true for work dealing with the
law of evidence.
Although the legal section of the work deals specifically with principles
of expert evidence examined from an Australian viewpoint, it deals with
the evidential issues by reference to a wide variety of similar
jurisdictions particularly those foreign jurisdictions which have their
basis in the British Legal System. This
comparative approach is one of the most attractive features of the legal
sections of this work, giving it an international relevance so often
lacking in this area of legal writing.
Some of the most fascinating areas within the legal sections of this publication
are to be found in the areas dealing with comparative legal principles. Subjects such as the "area of
expertise" rule dealing with the Frye test and its multiple
variations as well as the ultimate issue rule are good examples of the
comparative legal analysis to be found in this work.
The coverage of academic comparative law combined with a pragmatic approach
to expert evidence from both the legal and scientific authors is a major
feature of this work. Indeed as the
Editors comment in Chapter 2:-
"Skill in communicating complexity in a understandable and memorable way
is part of the skill of a good forensic expert".
The application of this viewpoint is itself seen in the way in which this
work is structured. The clarity in
which both the legal and scientific principles are described is to be
highly commended. The use of real case related examples including
transcripts of examination- in-chief and cross-examination together with
cartoons, make reference to the legal sections of this work a pleasure for
the technical and general reader.
The most impressive feature of this work is the wide range of specialist
areas of expertise that are covered from a forensic expert's viewpoint. These sections written by scientist and
technical specialists contain a wealth of information. These expert reviews form a solid basis
upon which a lawyer should be able to understand the skills and practice
of an expert in that particular discipline. It would be wrong to assume
that these technical, scientific and medical sections are only of use to
law practitioners. The truth is that
experts or specialists in one area often have limited knowledge of the
work of other forensic experts. Whilst
the forensic medical practitioners will be familiar with the forensic
medical disciplines such as pathology, psychiatry and dentistry, their
knowledge of forensic accounting and forensic architecture is most
probably fairly limited.
Whilst legal issues and areas of scientific specialty comprise the majority
of this work, there are a few smaller sections of the work that should not
be overlooked. Part 2 of the work deals
with the area of "Methodology and Research". Included within this Part is a very substantial
review of legal data sources which exceeds the usual library based
literature review systems. Modern
information systems, including electronic on-line data sources and
materials, are comprehensively covered from a worldwide perspective.
It must be said that not all of the specialist sections are of equal depth. This is not unexpected in a multi-author
work of this size, however, the future updating of the loose-leaf sections
will perhaps be the most significant factor in determining this work's
long term success.
To date, several of these updates have already appeared and this, in my opinion,
shows the high level of ongoing commitment that the authors and publishers
have for this publication.