Grundstrukturen des Sachverständigenbeweises im Strafprozeßrecht

In this work, the author defines the bounds within which a successful cooperation between a tribunal and an expert assisting this tribunal has to take place. He examines in detail the functions of a judge and/or jury and the expert in the law of evidence, and proposes a solution for the problems of product liability which were the focus of the 1993 decision of the U.S. Supreme Court 'Daubert v. Merrell Dow Pharmaceuticals'. He clarifies the concept of the standard of proof in criminal cases with the help of Keith Lehrer's philosophical system developed in his book on 'Self-Trust'. He also defends the view that law and fact can be clearly distinguished from each other, but that there is no intrinsic quality that shows whether something is fact or law. It is the legal system itself which draws the borderline.