One of the strangest arguments I have heard raised in argument against the logical approach is that it means the expert will impinge upon the authority of the Court. I have heard this a few times recently. It is particularly troubling that this has come from lawyers. Unfortunately, this has always happened in a venue where I could not actually discuss the matter with them.
As an objection to the logical approach, this is the strangest argument I have ever heard, without a doubt. In fact, proper application of the logical approach is one of the few ways to ensure that this will not happen.
To clarify, it is important to first understand the concept of “usurping the role of the Court” which means, in essence, to improperly influence the court’s procedures and decision-making, often by speaking inappropriately to or about the ultimate issue. To be sure, there is a legitimate concern that this might happen, particularly with an expert. At the same time, it is certainly not a new idea and it has been written about literally for years.
It can be found in most codes and directives regarding expert evidence. Indeed, Justice Sopinka noted this issue in the 1994 R. v. Mohan ruling when he stated, in part, “There is also a concern inherent in the application of this criterion that experts not be permitted to usurp the functions of the trier of fact.”
I am very pleased to have been contributor to a new textbook, Forensic Document Examination in the 21st Century. The text was edited by Jan Seaman Kelly and Miriam Angel and will be published by CRC Press.
My personal contribution is chapter 3 entitled “The Logical Approach to Evidence Evaluation”. The complete list of contributors is impressive and includes Jan Seaman Kelly, Miriam Angel, Brett M.D. Bishop, Rigo Vargas, Mara L. Merlino, Samiah Ibrahim, Lucinda Risi, Lisa M. Hanson, Carolyne Bird, Linda L. Mitchell, Elaine X. Wooton, Donna O. Eisenberg, Thomas W. Vastrick, Marie E. Durina, Kathleen Annunziata Nicolaides, Khody R. Detwiler, Tobin Tanaka, Larry A. Olson, Zain M. Bhaloo, Peter Tytell, Timothy A. Campbell, and Mark T. Goff. Read more
I was pleased be a co-contributor for Dr. Linton A. Mohammed’s latest textbook, Forensic Examination of Signatures. Other contributors, along with Dr. Mohammed, were Lloyd Cunningham, William Flynn, and Kathleen Nicolaides, with the Foreword by the esteemed Professor David Kaye. The text was published June 6, 2019 by Elsevier’s Academic Press (ISBN: 978-0-12-813029-2, https://doi.org/10.1016/C2016-0-04445-5).
The book focuses on the forensic examination and evaluation of signatures which is one of the most difficult areas of Forensic Document Examination. My contribution was Chapter 11 entitled “Conclusions, Reporting and Testimony”, co-written with Dr. Mohammed. Read more