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Record W4286009277 · doi:10.29173/wclawr69

The Reliability of Expert Evidence in Canada

2022· article· en· W4286009277 on OpenAlexaffvenueabout
Samantha Savage

Bibliographic record

VenueThe Wrongful Conviction Law Review · 2022
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Education and Practice Innovations
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsAccreditationFederal Rules of EvidenceConvictionPolitical scienceLawEngineering ethicsAccountabilityPublic relationsEngineering

Abstract

fetched live from OpenAlex

This paper analyzes Canada’s common law as it currently stands regarding expert evidence and key inquiries and reports on expert evidence and wrongful convictions done in Canada and on forensic science. The analysis will demonstrate how Canada’s laws and practices have not gone far enough to ensure expert evidence is reliable in order to protect innocent citizens from wrongful conviction. I propose that to truly safeguard against the admission of improper expert evidence in trials Canada must (1) heighten the standard expert evidence must meet to be considered reliable and increase a judge’s role as gatekeeper (2) foster a system of peer-reviewed research, training, accreditation, and accountability in forensic science disciplines in Canada, and (3) ensure that all legal actors (i.e., police, lawyers, and judges) receive continued training on best forensic science practices and their limits and have free access to information and education on forensic science disciplines when needed. Systemic changes in forensic science disciplines in Canada, continued education in forensic sciences for legal actors, and changes in the law of reliability of evidence are necessary to prevent improper expert evidence from continuing to contribute to wrongful convictions. This paper concludes by with a case study evaluating how the proposed systemic changes could have made a difference in a real-world case where expert evidence was flawed.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.004
metaresearch head score (Gemma)0.002
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.946
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0040.002
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0020.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.085
GPT teacher head0.392
Teacher spread0.306 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2022
Admission routes3
Has abstractyes

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