PDF (O'zbek)

Keywords

: ekspert, ekspert xulosasi, ekspertiza, anglo-sakson huquq oilasi, dalil, isbot qilish.

Abstract

This article examines the norms of expert report in the criminal procedural legislation of common law countries, particularly the USA, Great Britain, Australia, and Ireland, in comparison with similar norms in our national legislation. Specifically, within common law countries, issues such as the evidentiary value of an expert report, its role in proof, criteria for evaluating an expert report, and the legal consequences of making a decision without inclusion in an expert report were studied using examples of legal norms and scientific views from foreign scholars. Based on the results of the study, scientific and theoretical conclusions were drawn, and proposals were made aimed at improving national legislation. In particular, it is suggested to supplement Article 187 of the Code of Criminal Procedure of the Republic of Uzbekistan with a new provision, stating that conclusions based on evidence deemed inadmissible by the court in the expert report are also considered inadmissible, and it is prohibited to use such conclusions as evidence.

PDF (O'zbek)

References

Criminal Justice Act 1988. https://www.legislation.gov.uk/ukpga/1988/33/section/30

The Code of Alabama. Section 12-21-300 Offering of certificate of analysis in lieu of testimony. Alabama Legislature. https://alison.legislature.state.al.us/code-of-alabama

Pennsylvania Code. 234 Pa. Code Rule 574. Forensic Laboratory Report; Certification in Lieu of Expert Testimony. https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/234/chapter5/s574.html&d=reduce

The Code of Virginia. § 19.2-187. Admission into evidence of certain certificates of analysis. Virginia Law Library. https://law.lis.virginia.gov/vacode/title19.2/chapter12/section19.2-187/

2022 Alaska Statutes. Title 12. Code of Criminal Procedure. Chapter 45. Trial, Evidence, Compromise. Article 2. Discovery, Testimony, and Evidence. Justia Legal Resources. https://law.justia.com/codes/alaska/2022/title-12/chapter-45/article-2/section-12-45-084/#:~:text=The%20author%20shall%20state%20that,the%20custody%20of%20the%20laboratory.

United States v. Oates. United States Court of Appeals for the Second Circuit. 560 F.2d 45 (1977). https://www.quimbee.com/cases/united-states-v-oates

Constitution of the United States: Analysis and Interpretation. Sixth Amendment—Rights in Criminal Prosecution. https://constitution.congress.gov/browse/amendment-6/

Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009). https://www.quimbee.com/cases/melendez-diaz-v-massachusetts

Guidance on expert evidence / Crown Prosecution Service. 2014. P. 6-7.

British Medical Association expert witness guidance. 2007. URL: http://bma.org.uk

Criminal Procedure (Scotland) Act 1995, PART XII. Routine evidence. Section 280 https://www.legislation.gov.uk/ukpga/1995/46/section/280

Mueller C.B., Kirkpatrick L.C. Evidence. – 5th ed. – New York: Wolters Kluwer, 2012. P. 677.

Weissenberger, Glen. Federal Rules of Evidence: Rules, Legislative History, Commentary, and Authority. Newark, NJ: LexisNexis, 2007. APA. 78 p.

Murphy P. Murphy on evidence (7th ed.) – Oxford: Oxford University Press, 2009. 670 p.

Kampen P.T.C. Expert evidence compared // Complex cases: perspectives on the Netherlands criminal justice system / Ed. by M. Malsch, J.F. Nijboer. Amsterdam: Thela Thesis, 1999. P. 99-121.

Federal Rules of Evidence Rule. Rule 401. Test for Relevant Evidence. Legal Information Institute. https://www.law.cornell.edu/rules/fre/rule_401

Puch-Solis, R., Robertson, P., Pope, S., & Aitken, C. (2012). Assessing the probative value of DNA evidence: Guidance for judges, lawyers, forensic scientists and expert witnesses. (Communicating and Interpreting Statistical Evidence in the Administration of Criminal Justice). Royal Statistical Society. https://rss.org.uk/news-publication/publications/our-research/

Expert evidence in criminal proceedings in England and Wales. (2011). United Kingdom: Stationery Office. 222 p.

Arenson, Kenneth J. (2011) Rejection of the fruit of the poisonous tree doctrine in Australia: a retreat from progressivism. University of Notre Dame Australia Law Review. 13 (December 2011): 17–68.

"Evidence that has been collected unlawfully" https://www.citizensinformation.ie/en/justice/evidence/unlawfully_obtained_evidence.html

Fridman, D. S., and Janoe, J. S. (1997). The state of judicial gatekeeping in New Jersey, The Judicial Gatekeeping Project, Teaneck, N.J. https://cyber.harvard.edu/daubert/nj.htm

Groscup J.L., Penrod S.D. Battle of the standards for experts in criminal cases: police vs. psychologists // Seton Hall Law Review. 2003. Vol. 33. Is. 4. P. 1141-1165.