Expert Knowledge as a Condition of the Rhetorical Situation in Criminal Cases.
Forskningsoutput: Tidskriftsbidrag › Artikel i vetenskaplig tidskrift
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.
|Enheter & grupper|
Ämnesklassifikation (UKÄ) – OBLIGATORISK
|Tidskrift||Oslo Law Review|
|Status||Published - 2017|
|Peer review utförd||Ja|
Karsten Åström & Eva Friis
Swedish Research Council
2012/01/01 → 2017/01/31