Humanity now possesses the capacity and technology to pursue radical humanenhancement, presenting fundamental challenges for the regulation of elite sport. Inorder to regulate not only performance enhancement, but also human enhancement,the World…
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,…
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,…
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.…
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…
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…
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…
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…
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…
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…
