Advanced

Expert Knowledge as a Condition of the Rhetorical Situation in Criminal Cases.

Friis, Eva LU and Åström, Karsten LU (2016) In Oslo Law Review
Abstract (Swedish)
In the scope of a Swedish research project on expert knowledge as a basis for legal decisions, this article focuses on serious criminal cases. Using a model that describes rhetorical situations as well as empirical material based in 150 court decisions, the aim is to analyze the conditions surrounding the use of expert evidence in criminal law processes, to what extent and by whom such evidence is used, and how it affects the outcome of the cases.

The rhetorical situation in criminal case is reconstructed to include the urgent issue and the thereby related discourse, in order to retrieve relevant conditions, which could be identified as evidentially favorable or unfavorable to the suspect and the prosecutor respectively. It is... (More)
In the scope of a Swedish research project on expert knowledge as a basis for legal decisions, this article focuses on serious criminal cases. Using a model that describes rhetorical situations as well as empirical material based in 150 court decisions, the aim is to analyze the conditions surrounding the use of expert evidence in criminal law processes, to what extent and by whom such evidence is used, and how it affects the outcome of the cases.

The rhetorical situation in criminal case is reconstructed to include the urgent issue and the thereby related discourse, in order to retrieve relevant conditions, which could be identified as evidentially favorable or unfavorable to the suspect and the prosecutor respectively. It is concluded that there is a theoretical imbalance between the parties’ to the benefit of the defendant.

Empirically grounded analysis of the criminal cases shows, however, that the defendant’s theoretical advantage does not correspond to the actual situation in court. The results indicate that the defendant usually adopts a passive stance and therefore does not use favorable constraints effectively. The study has also shown that the defendant’s options to win the case increase when they actually use written expert evidence and expert witnesses.
(Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
in press
subject
keywords
legal reasoning; expert knowledge; criminal law process; rhetorical situation; rhetorical constraints
in
Oslo Law Review
publisher
University of Oslo
ISSN
2387-3299
language
English
LU publication?
yes
id
47cecb2d-5bb5-4fa7-8969-b4dbc73a7f64
date added to LUP
2016-05-18 11:13:16
date last changed
2016-05-19 09:20:20
@article{47cecb2d-5bb5-4fa7-8969-b4dbc73a7f64,
  abstract     = {In the scope of a Swedish research project on expert knowledge as a basis for legal decisions, this article focuses on serious criminal cases. Using a model that describes rhetorical situations as well as empirical material based in 150 court decisions, the aim is to analyze the conditions surrounding the use of expert evidence in criminal law processes, to what extent and by whom such evidence is used, and how it affects the outcome of the cases.<br/><br/>The rhetorical situation in criminal case is reconstructed to include the urgent issue and the thereby related discourse, in order to retrieve relevant conditions, which could be identified as evidentially favorable or unfavorable to the suspect and the prosecutor respectively.  It is concluded that there is a theoretical imbalance between the parties’ to the benefit of the defendant. <br/><br/>Empirically grounded analysis of the criminal cases shows, however, that the defendant’s theoretical advantage does not correspond to the actual situation in court. The results indicate that the defendant usually adopts a passive stance and therefore does not use favorable constraints effectively. The study has also shown that the defendant’s options to win the case increase when they actually use written expert evidence and expert witnesses.<br/>},
  author       = {Friis, Eva and Åström, Karsten},
  issn         = {2387-3299},
  keyword      = {legal reasoning; expert knowledge; criminal law process; rhetorical situation; rhetorical constraints},
  language     = {eng},
  publisher    = {University of Oslo},
  series       = {Oslo Law Review},
  title        = {Expert Knowledge as a Condition of the Rhetorical Situation in Criminal Cases.},
  year         = {2016},
}