ROLE OF THE COURT IN ENSURING RELIABILITY OF EXPERT EVIDENCE

ROLE OF THE COURT IN ENSURING RELIABILITY OF EXPERT EVIDENCE

ROLE OF THE COURT IN ENSURING RELIABILITY OF EXPERT EVIDENCE

Introduction

The major reason if this paper is to talk about the function of court in double-checking reliability of professional evidence. The readers of this newsletter are well renowned with the use of professional testimony in the Canadian court system. Nevertheless, most of us would be hard pushed to supply a clear delineation of the distinction between professionals and lay witnesses. On a day-to-day cornerstone, the best numerous of us could manage would be to reword the vintage glimpsed, "a professional is what and professional does." On event, although, it may behoove counsel to analyze nearly the observer being put ahead by resisting counsel and inquire "is that one-by-one really an expert?" In this item, I condense some of the premier conclusions in relative to this inquiry from both the Canadian and American courts (American Law Institute 1980, 23).

 

Role of the Court in Ensuring Reliability of Expert Evidence

However, increasing economic deception situations, latest supply marker scams, malfunction of non economic banking businesses, phenomena of disappearing businesses and plantation businesses and malfunction of the regulatory means to constrain it has compelled the Government of India to pattern Serious Fraud Investigation Office (SFIO) under Ministry of Corporate Affairs which can be considered the first step of Government of India to identify the significance and accelerate the occupation of forensic accountants. The SFIO is a multidisciplinary association having professionals from economic part, capital market, accountancy, forensic review, taxation, regulation, data expertise, business regulation, culture and investigation. These professionals have been taken from diverse associations like banks, Securities & Exchange Board of India, Comptroller and Auditor General and worried associations and agencies of the Government. However, the major significant regulation enforcement bureau engaged exactly in tackling white-collar misdeeds is the Police, CBI, DRI etc (Macdonald 2006 34). There is a total need on the part of these regulation enforcement bureaus to train their examiners in this focused part of enquiring white-collar misdeeds engaging forensic accounting. The enquiry of the foremost economic misdeeds is managed by commonplace enquiring agents who after expending some time in enquiry of accepted misdeeds are shunted to the financial infringement wing and they are anticipated to handle the economic misdeed situations engaging convoluted & elaborate economic notes which is needed to be investigated to unearth misdeed or exclusive MO taken up by the white collar criminal. The outcome is conspicuous, the case passes away its natural death and the lawless individuals roam free as the IO granted his need of focused information & requirement falls short to correctly enquire the economic misdeed to its ordered conclusion. On the other hand if we gaze at the western nations especially USA, the regulation enforcement bureaus of which like DEA, FBI, CIA has well marshaled its pool of exceptional agencies having forensic accounting backgrounds that are the backbone of the bureau's economic misdeeds and terrorism ...