261 10 3575 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Goldsworthy, Daniel Date A point or period of time associated with an event in the lifecycle of the resource 2019-11-11 Description An account of the resource Humanity now possesses the capacity and technology to pursue radical human enhancement, presenting fundamental challenges for the regulation of elite sport. In order to regulate not only performance enhancement, but also human enhancement, the World Anti-Doping Agency must articulate the legitimate public interest of elite sport so as to justify its regulatory mandate to prescribe strict-liability offences. This article argues that the necessary public interest in elite sport is the pursuit of human excellence, passively pursued through the concept of spectatorship. On this basis, a two-limb test is offered to reorient and guide the regulation of enhanced athletes. This conceptual rationale and subsequent test provide clarity where advances in technology increasingly blur the distinction between performance enhancement and human enhancement. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/1551 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/1551/1281 Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 1 (2019): The University of Queensland Law Journal; 163-181 1839-289X 0083-4041 Title A name given to the resource Faster, Higher, Stronger, Upgraded: A Conceptual Basis for the Future Regulation of Elite Sport Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Chin, Jason Goss, Caitlin Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource We are very pleased to introduce this special issue of The University of Queensland Law Journal on expert evidence. As many readers will be aware, expert evidence remains a contentious issue both in Australia and abroad. Questions have been raised, for instance, about the reliability of many traditional fields of expert evidence, biases experts may carry with them into court, and the risk of trials transforming into battles of experts. We hope that this special issue contributes to the ongoing discussion. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2403 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2403/1797 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 183-4 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource Introduction to the Special Issue on Expert Evidence Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Hamer, David Edmond, Gary Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource The adversarialist approach to criminal justice places a premium on autonomy, efficiency and finality. It trusts that giving parties control will put reliable comprehensive evidence before the trial court. Where forensic science evidence is involved, this trust is often misplaced, and factual accuracy suffers. Often, prosecution forensic science evidence is of unknown reliability and biased, yet the trial judge stays above the fray and allows its admission, the defence lacks the resources to challenge it successfully, and the jury defers to the expert and convicts. On appeal, the appeal court is wary of challenging the jury verdict and reluctant to allow the defence a recontest with bolstered evidence or a different strategy. Post appeal, the opportunities for correction are more limited still. The adversarialist approach to forensic science evidence has contributed to many wrongful convictions. Courts should adopt a more interventionist and informed approach to forensic science evidence. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2405 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2405/1801 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 185-236 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource Forensic Science Evidence, Wrongful Convictions and Adversarial Process Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Searston, Rachel Chin, Jason Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource Legal commentators widely agree that forensic examiners should articulate the reasons for their opinions. However, findings from cognitive science strongly suggest that people have little insight into the information they rely on to make decisions. And as individuals gain expertise, they rely more on cognitive shortcuts that are not directly accessible through introspection. That is to say, the expert’s mind is a black box — both to the expert and to the trier of fact. This article focuses on black box expertise in the context of forensic examiners who interpret visual pattern evidence (eg fingerprints). The authors review black box expertise through the lens of cognitive scientific research. They then suggest that the black box nature of this expertise strains common law admissibility rules and trial safeguards. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2407 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2407/1803 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 237-260 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource The Legal and Scientific Challenge of Black Box Expertise Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Smith, Chloe Thompson, Matthew Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource In order for fact-finders to rationally evaluate the probative value of forensic pattern-matching evidence, information about the accuracy and reliability of examiners’ opinions is necessary. Empirical tests of ability and performance, however, must first begin with a claim about what that ability and performance might be. In this article, we attempt to identify performance claims made by forensic pattern-matching disciplines by surveying professional literature published by representative discipline organisations in fingerprints, footwear and tyres, firearms and toolmarks, and handwriting and documents. Amongst these disciplines we did not find performance claims that are readily amenable to empirical testing. To spur progress, we suggest a basic framework to guide forensic disciplines toward formulating empirical claims that lend themselves to scientific testing: stipulate (1) the task you can perform, (2) the necessary conditions of performance, and (3) the standard of performance you can achieve. Once empirical claims are made, empirical tests can be designed and conducted that will help to fortify the scientific evidence base for forensic pattern-matching techniques. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2409 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2409/1805 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 261-277 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource Performance Claims in Forensic Science Expert Opinion Evidence Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource McKimmie, Blake Schuller, Regina Thomas, Simon Sherrel, Helen Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource Previous research has examined the impact of the match between expert witness gender and the gender-orientation of the case, suggesting that traditional gender-role stereotyping was influencing mock jurors’ decisions. Manipulations of the orientation of the domain of the case focus on the knowledge area of the case itself, rather than the actual knowledge of the expert. This reveals little about the impact of the association between the role of the expert and the expert’s gender. The present study investigated whether perceivers make use of gender stereotypes as a shortcut for decisions when presented with the testimony of an expert witness. It was predicted that participants would award a higher amount of damages to the plaintiff when the plaintiff’s expert’s gender matched their role compared to when it did not match. It was also predicted that participants’ evaluation of the plaintiff’s expert witness’s testimony and the expert would be more positive in the gender-role congruent condition. As expected, the female expert’s testimony was viewed more positively when occupying a female-oriented role compared to a male-oriented role, and that the expertise of the female expert was evaluated more favourably in the female-oriented role compared to the male-oriented role. Despite the impact of gender stereotypes in biasing the evaluation of expert testimony on several dimensions, this had no apparent impact on award decisions. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2411 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2411/1809 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 279-299 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource The Impact of Gender-Role Congruence on the Persuasiveness of Expert Testimony Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Edmond, Gary Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource Through a review of reported challenges this article explains how latent fingerprint evidence was routinely admitted and relied upon as proof of identity in criminal proceedings before its value and limitations were studied or understood. That it was admitted and used in ways that were disengaged from scientific research reveals a great deal about our adversarial system — of pleas, rules of admissibility, trial safeguards, standards of proof, and heavy reliance on the technical competence of lawyers and judges. This article draws on contemporary scientific research to explain how more than a century of routine legal reliance, along with quite a few admissibility challenges, produced few meaningful responses and no apparent endogenous understanding of the limitations of latent fingerprint comparison. Trial personnel and trial safeguards did not lead to the identification, recognition and communication of methodological problems, uncertainties or the frequency of error. Latent fingerprint evidence continues to be presented in ways that are not informed by scientific research, are inconsistent with mainstream scientific advice, exaggerate the value of opinions, and unecessarily threaten both the rectitude and fairness of criminal proceedings. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2413 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2413/1811 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 301-365 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource Latent Science: A History of Challenges to Fingerprint Evidence in Australia Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Monds, Lauren Quilter, Julia van Golde, Celine McNamara, Luke Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource Alcohol and Other Drug (‘AOD’) use is prevalent in Australia and worldwide, and is frequently a factor in many crimes. Police are often required to assess whether an individual is relevantly intoxicated. This article reviews the current laws and research surrounding intoxication detection by police, with a focus on Australia. It finds that legislation governing criminal law and police powers offers little guidance, and training in intoxication assessment appears to be underdeveloped. It concludes that assumptions of police expertise in AOD intoxication detection should be viewed with caution. Further research is required into the adequacy of initial and continuing police training, and into the practices employed by police officers on the streets, at the police station, and in the courtroom. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2415 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2415/1813 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 267-388 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource Police as Experts in the Detection of Alcohol and Other Drug Intoxication : A Review of the Scientific Evidence within the Australian Legal Context Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource McMillan, Kathryn Pokarier, Nicholas Date A point or period of time associated with an event in the lifecycle of the resource 2020-02-18 Description An account of the resource Courts are increasingly called upon to adjudicate hard cases involving questions of social facts. In deciding these matters, in a just and efficient manner according to law, courts will desirably have recourse to social science material and, perhaps less desirably, be influenced by underlying assumptions based on the decision-maker’s personal views. This article comments on three ways in which courts use social facts and treat social science material in the course of judicial decision-making. The authors suggest a ‘best practice’ approach for judges in approaching these questions, in the light of identified problems with the status quo. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2417 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2417/1815 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 38 No. 2 (2019): Special issue on expert evidence; 389-406 1839-289X 0083-4041 10.38127/uqlj.v38i2 Title A name given to the resource Beyond Common Knowledge: Reviewing the Use of Social Science Evidence in Australian Courts Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Crowe, Jonathan Lee, Bri Date A point or period of time associated with an event in the lifecycle of the resource 2020-05-10 Description An account of the resource This article considers the role of the excuse of mistake of fact in Queensland rape and sexual assault law. We argue that the excuse has undesirable and socially regressive consequences by allowing reference to factors such as the complainant’s social behaviour, relationship to the defendant or lack of overt resistance that are at odds with the definition of free and voluntary consent. The excuse has also led to problematic results in cases involving impaired capacity (such as intoxication, mental incapacity or linguistic incapacity) by the defendant or the complainant. We canvass two potential reforms aimed at addressing these issues. The first would render the excuse inapplicable to the issue of consent in rape and sexual assault cases, while the second would limit the excuse to address its most troubling outcomes. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/2993 10.38127/uqlj.v39i1.2993 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/2993/3227 Rights Information about rights held in and over the resource Copyright (c) 2020 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 39 No. 1 (2020): The University of Queensland Law Journal; 1-32 1839-289X 0083-4041 10.38127/uqlj.v39i1 Title A name given to the resource The Mistake of Fact Excuse in Queensland Rape Law: Some Problems and Proposals for Reform Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article