This piece is an echo to one of the main subjects of the Sixth International Conference on Evidence Law and Forensic Science which is to determine what evidentiary reforms are necessary for regulating forensic expert ...This piece is an echo to one of the main subjects of the Sixth International Conference on Evidence Law and Forensic Science which is to determine what evidentiary reforms are necessary for regulating forensic expert testimony, and how those reforms might be implemented. In United States, the predominant way of evidentiary reform is through rulemaking. As the Reporter of Judicial Conference Advisory Committee on the Federal Rules of Evidence since 1996, the author, with a pragmatic spirit throughout the article, examines such an effort at the federal level of U.S. in six parts （levels）, starting from the most general, abstract level till fmishing with the most detailed and substantive points. Part I begins with a brief introduction of the hierarchies of evidentiary rulemaking authorities at the federal level of the United States, various interested groups and their interesting interactions in the rulemaking process. The author then shifts to the general topic of writing rules with a specific focus on the level of detail that is to be provided in doing so; Part II further narrows down the scrutiny into writing a rule on forensic expert testimony with an emphasis on the necessity of making such a rule change to the current general standards of FRE; Part III directly addresses the challenges of drafting a rule on forensic evidence in FRE, including a comparation of various alternative drafting models; Part IV and Part V respectively discusses the Reporter＇s comments and the Justice Department＇s concerns over the drafted rules; and Part VI briefly discusses the feasibility and effectiveness of a Best Practices Manual on forensic evidence in lieu of rulemaking.展开更多
The current various proposals at the International Maritime Organisation （IMO） for the s factor （probability of surviving a given flooding） make no reference to survival time. The paper shows a direct link of the ...The current various proposals at the International Maritime Organisation （IMO） for the s factor （probability of surviving a given flooding） make no reference to survival time. The paper shows a direct link of the ＂prime＂ s factor with the time to capsize and shows how to utilise experimental data from 30-minute test runs for the s factor based on longer duration of tests. Unexpectedly, the extension of tests has a modest effect on the survival factor, and hence-modest effect on subdivision index A. Much more important is improving a deficient formulation for the required index R, as flooding cases with si = 1 have an infinite survival time.展开更多
文摘This piece is an echo to one of the main subjects of the Sixth International Conference on Evidence Law and Forensic Science which is to determine what evidentiary reforms are necessary for regulating forensic expert testimony, and how those reforms might be implemented. In United States, the predominant way of evidentiary reform is through rulemaking. As the Reporter of Judicial Conference Advisory Committee on the Federal Rules of Evidence since 1996, the author, with a pragmatic spirit throughout the article, examines such an effort at the federal level of U.S. in six parts （levels）, starting from the most general, abstract level till fmishing with the most detailed and substantive points. Part I begins with a brief introduction of the hierarchies of evidentiary rulemaking authorities at the federal level of the United States, various interested groups and their interesting interactions in the rulemaking process. The author then shifts to the general topic of writing rules with a specific focus on the level of detail that is to be provided in doing so; Part II further narrows down the scrutiny into writing a rule on forensic expert testimony with an emphasis on the necessity of making such a rule change to the current general standards of FRE; Part III directly addresses the challenges of drafting a rule on forensic evidence in FRE, including a comparation of various alternative drafting models; Part IV and Part V respectively discusses the Reporter＇s comments and the Justice Department＇s concerns over the drafted rules; and Part VI briefly discusses the feasibility and effectiveness of a Best Practices Manual on forensic evidence in lieu of rulemaking.
文摘The current various proposals at the International Maritime Organisation （IMO） for the s factor （probability of surviving a given flooding） make no reference to survival time. The paper shows a direct link of the ＂prime＂ s factor with the time to capsize and shows how to utilise experimental data from 30-minute test runs for the s factor based on longer duration of tests. Unexpectedly, the extension of tests has a modest effect on the survival factor, and hence-modest effect on subdivision index A. Much more important is improving a deficient formulation for the required index R, as flooding cases with si = 1 have an infinite survival time.
