Legal bases of expertise in the criminal procedure in the United States of America

Mickovksi, Nikola and Rechkoski, Risto (2016) Legal bases of expertise in the criminal procedure in the United States of America. International Scientific Journal, CENTRUM 5, Skopje, 2016, Impact Factor : 1.127.

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Abstract

Passing on the new Law on criminal procedure and its coming into force meant abandoning the previous matrix of criminal procedure thatwas basedon the model of European–Continental type of procedure and thus promoting a new model with dominant adversarial elements.
In the new constellation of normative paradigms that were established by the Law on criminal procedure, besides the rest of the voluminous and reform interventions, expertise as a way of establishing facts in the criminal procedure was substantially changed. In order to draw out conclusions for maximum efficiency and correct exercise of expertise in the new concept of the criminal procedure, it is very important to take into consideration the experiences of exercise of expertise from the countries that originally based it and exercise the adversarial model of criminal procedure, the United States of America, first of all.
In order toget complete picture of the position of the expert witness in the American criminal procedure, one must take the normative provisions from the statutory law into consideration (especially the question for the so-called standards on expert witness admissibility), as well as the precedents from the respective case law.
Key words: expertise, expert witness, statutory law, case law

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Scientific Fields (Frascati) > Social Sciences > Other social sciences
Divisions: Faculty of Tourism and Hospitality
Depositing User: Mr Bojan Sekulovski
Date Deposited: 31 Oct 2017 09:14
Last Modified: 06 Nov 2017 08:40
URI: https://eprints.uklo.edu.mk/id/eprint/785

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