Bodies of Knowledge and Robes of Expertise: Expert Evidence about Drugs, Gangs and Human Trafficking

Ward, Tony and Fouladvand, Shahrzad (2021) Bodies of Knowledge and Robes of Expertise: Expert Evidence about Drugs, Gangs and Human Trafficking. Criminal Law Review, 2021 (6). pp. 442-460. ISSN 0011-135X

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Abstract

This article discusses a type of expert evidence in which a witness, often a policeofficer or other state official, informs the court about patterns of criminal activityand in some cases draws inferences as to the defendant’s involvement in suchactivity. Their claim to expertise rests not on academic knowledge or scientificresearch but on some combination of personal experience and information fromcolleagues and informants which is considered to comprise part of the “body ofknowledge” in their field. While we accept that such witnesses may have genuineexpertise, the reliability of their evidence is as much in need of critical scrutinyas that of scientific experts. We examine in particular the evidence of police officers who infer gang membership from rap lyrics and videos, and the decisions of the Single Competent Authority identifying victims of human trafficking, which have recently been found admissible as hearsay evidence of expert opinion.

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