The Impact of Scientific Evidence on the Criminal Trial

The Impact of Scientific Evidence on the Criminal Trial

Author: Oriola Sallavaci

Publisher: Routledge

Published: 2014-02-05

Total Pages: 220

ISBN-13: 1317910915

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This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.


Snapshots of Research

Snapshots of Research

Author: Richard D. Hartley

Publisher: SAGE

Published: 2010-10-20

Total Pages: 465

ISBN-13: 1452238510

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Immerse your students in contemporary and classic scholarly research and readings from the major branches of the criminal justice system This text/reader is a comprehensive, cutting-edge overview of the main research methods used in the fields of criminology and criminal justice. Snapshots of Research offers a wide range of modern research examples, as well as several classic articles, including a broad range of readings from the four major branches of the criminal justice system—policing, courts/law, juvenile justice, and corrections—that are relevant to career paths students may be interested in pursuing.


Forensic Evidence

Forensic Evidence

Author: Terrence F. Kiely

Publisher: CRC Press

Published: 2005-11-29

Total Pages: 534

ISBN-13: 1420038060

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Focusing on issues raised at Interpol‘s 14th Forensic Science Symposium, this volume offers a complete overview and analysis of the scientific and legal aspects of each of the forensic disciplines. It updates cases and discusses recent applications of Frye/Daubert, the admissibility of eyewitness identification, the explosion of cases and statutes addressing post-conviction DNA, the rise in attention to cold cases, and other challenges. This is the book that those in the forensic sciences need to have on hand to successfully prepare for what may await them in the courtroom.


Criminal Evidence

Criminal Evidence

Author: Jefferson Ingram

Publisher: Routledge

Published: 2014-10-17

Total Pages: 1075

ISBN-13: 131752330X

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"Criminal Evidence is a well-respected and trusted introduction to the rules of criminal evidence for criminal justice students and professionals. The first half of this book follows the Federal Rules of Evidence in its explanation of how evidence is collected, preserved, and presented in criminal court. The second half provides a selection of relevant criminal court cases that reinforce these basics and provide the context of how these rules are currently practiced. Readers will have an understanding of how concepts of evidence operate to convict the guilty and acquit the innocent. Part of the John C. Klotter Justice Administration Legal Series, this twelfth edition provides many updates, new references to recent cases, and a current version of the Federal Rules of Evidence. Student aids include chapter outlines, key terms and concepts lists, a glossary, a table of cases cited, and online interactive case studies. Teacher resources include Instructor's Guide, test bank, and PowerPoint slides"--


Strengthening Forensic Science in the United States

Strengthening Forensic Science in the United States

Author: National Research Council

Publisher: National Academies Press

Published: 2009-07-29

Total Pages: 348

ISBN-13: 0309142393

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Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.


Expert Evidence and Scientific Proof in Criminal Trials

Expert Evidence and Scientific Proof in Criminal Trials

Author: Paul Roberts

Publisher: Routledge

Published: 2017-07-05

Total Pages: 398

ISBN-13: 135156739X

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Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placingforensic science in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder‘scommon sense reasoning. Finally, the volume‘s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.


Forensic Science Evidence

Forensic Science Evidence

Author: Donald E. Shelton

Publisher: Criminal Justice: Recent Schol

Published: 2012

Total Pages: 0

ISBN-13: 9781593325176

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Shelton describes the startling questions that have arisen about the reliability of many forms of scientific evidence which were traditionally regarded as reliable and have been routinely admitted to prove guilt. The exonerations resulting from the development of DNA have exposed the lack of truswortiness of much of the "scientific" evidence that was used to convict people who turned out to be innocent. The Congressionally commissioned report of the National Academy of Sciences documented the lack of scientific basis in many of these areas. Nevertheless, Shelton discloses that many courts continue to routinely admit such evidence in criminal cases, in spite of the obligation of judges to be the "gatekeepers" of forensic science evidence. He explores reasons for that phenomenon and describes whether and how it might change in the future.


Junk Science and the American Criminal Justice System

Junk Science and the American Criminal Justice System

Author: M. Chris Fabricant

Publisher: Akashic Books

Published: 2023-08-22

Total Pages: 349

ISBN-13: 1636140386

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Now in an expanded paperback edition, Innocence Project attorney M. Chris Fabricant presents an insider’s journey into the heart of a broken, racist system of justice and the role junk science plays in maintaining the status quo. "Fierce and absorbing . . . Fabricant chronicles the battles he and his colleagues have fought to unravel a century of fraudulent experts and the bad court decisions that allowed them to thrive." —Washington Post From CSI to Forensic Files to the celebrated reputation of the FBI crime lab, forensic scientists have long been mythologized in American popular culture as infallible crime solvers. Juries put their faith in "expert witnesses" and innocent people have been executed as a result. Innocent people are still on death row today, condemned by junk science. In 2012, the Innocence Project began searching for prisoners convicted by junk science, and three men, each convicted of capital murder, became M. Chris Fabricant's clients. Junk Science and the American Criminal Justice System chronicles the fights to overturn their wrongful convictions and to end the use of the "science" that destroyed their lives. Weaving together courtroom battles from Mississippi to Texas to New York City and beyond, Fabricant takes the reader on a journey into the heart of a broken, racist system of justice and the role forensic science plays in maintaining the status quo. At turns gripping, enraging, illuminating, and moving, Junk Science is a meticulously researched insider's perspective of the American criminal justice system. Previously untold stories of wrongful executions, corrupt prosecutors, and quackery masquerading as science animate Fabricant’s true crime narrative. The paperback edition features a brand-new index as well as an updated introduction and final chapter chronicling the Innocence Project’s continued fight against junk science in courtrooms across America.


Blood, Powder, and Residue

Blood, Powder, and Residue

Author: Beth A. Bechky

Publisher: Princeton University Press

Published: 2021-01-19

Total Pages: 248

ISBN-13: 069120585X

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A rare behind-the-scenes look at the work of forensic scientists The findings of forensic science—from DNA profiles and chemical identifications of illegal drugs to comparisons of bullets, fingerprints, and shoeprints—are widely used in police investigations and courtroom proceedings. While we recognize the significance of this evidence for criminal justice, the actual work of forensic scientists is rarely examined and largely misunderstood. Blood, Powder, and Residue goes inside a metropolitan crime laboratory to shed light on the complex social forces that underlie the analysis of forensic evidence. Drawing on eighteen months of rigorous fieldwork in a crime lab of a major metro area, Beth Bechky tells the stories of the forensic scientists who struggle to deliver unbiased science while under intense pressure from adversarial lawyers, escalating standards of evidence, and critical public scrutiny. Bechky brings to life the daily challenges these scientists face, from the painstaking screening and testing of evidence to making communal decisions about writing up the lab report, all while worrying about attorneys asking them uninformed questions in court. She shows how the work of forensic scientists is fraught with the tensions of serving justice—constantly having to anticipate the expectations of the world of law and the assumptions of the public—while also staying true to their scientific ideals. Blood, Powder, and Residue offers a vivid and sometimes harrowing picture of the lives of highly trained experts tasked with translating their knowledge for others who depend on it to deliver justice.