Forensic Testimony: Science, Law and Expert Evidence—favored with an Honorable Mention in Law & Legal Studies at the Association of American Publishers' 2015 PROSE Awards—provides a clear and intuitive discussion of the legal presentation of expert testimony. The book delves into the effects, processes, and battles that occur in the presentation of opinion and scientific evidence by court-accepted forensic experts. It provides a timely review of the United States Federal Rules of Evidence (FRE) regarding expert testimony, and includes a multi-disciplinary look at the strengths and weaknesses in forensic science courtroom testimony. The statutes and the effects of judicial uses (or non-use) of the FRE, Daubert, Kumho, and the 2009 NAS Report on Forensic Science are also included. The presentation expands to study case law, legal opinions, and studies on the reliability and pitfalls of forensic expertise in the US court system. This book is an essential reference for anyone preparing to give expert testimony of forensic evidence. Honorable Mention in the 2015 PROSE Awards in Law & Legal Studies from the Association of American Publishers A multi-disciplinary forensic reference examining the strengths and weaknesses of forensic science in courtroom testimony Focuses on forensic testimony and judicial decisions in light of the Federal Rules of Evidence, case interpretations, and the NAS report findings Case studies, some from the Innocence Project, assist the reader in distinguishing good testimony from bad
A technical expert and a lawyer provide practical approaches for IT professionals who need to get up to speed on the role of an expert witness and how testimony works. Includes actual transcripts and case studies.
The interpretation and evaluation of scientific evidence and its presentation in a court of law is central both to the role of the forensic scientist as an expert witness and to the interests of justice. This book aims to provide a thorough and detailed discussion of the principles and practice of evidence interpretation and evaluation by using real cases by way of illustration. The presentation is appropriate for students of forensic science or related disciplines at advanced undergraduate and master's level or for practitioners engaged in continuing professional development activity. The book is structured in three sections. The first sets the scene by describing and debating the issues around the admissibility and reliability of scientific evidence presented to the court. In the second section, the principles underpinning interpretation and evaluation are explained, including discussion of those formal statistical methods founded on Bayesian inference. The following chapters present perspectives on the evaluation and presentation of evidence in the context of a single type or class of scientific evidence, from DNA to the analysis of documents. For each, the science underpinning the analysis and interpretation of the forensic materials is explained, followed by the presentation of cases which illustrate the variety of approaches that have been taken in providing expert scientific opinion.
Forensic Reports & Testimony: A Guide to Effective Communication for Psychologists and Psychiatrists provides a roadmap for the mental health professional who wants to provide consistently accurate, defensible, and useful reports and testimony to the legal system. Authors Randy K. Otto, Richart L. DeMier, and Marcus Boccaccini, recognized experts in the field, cover all aspects of the process, including preparing affidavits and reports, preparing for depositions, and testifying. Every written or spoken communication for the courts must be clear and precise, and distinguish between facts, inferences, and opinions. This book uniquely: •Shows the critical differences between forensic psychological reports and the clinical reports psychologists and psychiatrists are accustomed to writing •Includes and explains important maxims of forensic report writing, including separating facts from inferences, focusing on offering expert opinions, explaining why you think what you think, and connecting the dots between facts and conclusions •Provides numerous examples of experts’ testimony, affidavits, reports-with commentary and critiques Expert forensic work deserves to be presented in a clear, precise, and understandable way so that it is useful to attorneys, judges, and juries. Forensic Reports & Testimony provides the guidelines and models forensic psychologists and forensic psychiatrists need to make that happen.
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.
The second edition of Forensic Evidence in Court updates the original version, which was published in 2007. This edition continues to focus on the use of forensic evidence in criminal trials by examining particular case studies. In addition, it adds two new topics: 1. Computer and Digital Forensics 2. Firearms, Ballistics, and Toolmarks This edition includes several significant developments in the use of forensic evidence at trial since 2007. The first is the U.S. Supreme Court case, Melendez-Diaz v. Massachusetts, which established a right under the Confrontation Clause of the U.S. Constitution to cross-examine certain forensic analysts. That case involved an analyst who certified that a substance linked to the defendant was cocaine. This right was subsequently extended to an analyst who performed a blood alcohol test. However, when the Supreme Court was asked to rule on the applicability of this rule to DNA examiners, it stated that the examiner would be required to testify only if the results of the test were "testimonial" in nature. The case has been criticized and some lower courts have subsequently refused to follow it. Another significant development was the release of a report on the scientific reliability of forensic testing in many different areas issued by the National Research Council. The Report, called Strengthening Forensic Evidence: A Path Forward, called for more scientific testing and for standardization in qualification of examiners and in laboratory conditions. The only area of forensic examination that the report viewed as scientifically reliable is DNA. Various government agencies have been established to attempt to implement some of these recommendations. Funding is obviously a huge obstacle to implementing many of the recommendations. A development in forensics itself involved the extension of newer technologies in DNA testing, including a process called "Low Copy DNA," which tests quantities previously too small to type as well as DNA test kits that can be used at crime sites. A further development is the expansion of computer hacking, computer fraud and the ubiquitous nature of computers in society. We have added a new chapter to reflect what will continue to be a contentious issue in court-- "proving location and events with digital evidence." Advances in the psychological sciences have results in courts addressing issues of eyewitness testimony. Courts are coming to realize that eyewitness identifications are not as reliable as once thought. As such, courts are struggling with how best to address these issues: through jury instructions, expert testimony, or though some other method. It has come to light that eyewitness identification issues once thought to be within the "ken" of the average juror are most certainly not, and are appropriate for some manner of court intervention. This book can be used in courses for the following degrees: paralegal, criminal justice, sociology, and political science. Forensic Evidence in Court is also appropriate for use in a legal specialty course. Assignments include case law research, study of rules of evidence, how to select and prepare an expert witness, comparison of legal tests used to admit forensic evidence, study of standards used to review admission of forensic experts on appeal, and written work demonstrating critical analysis. Any attorney can teach this course, using the Teacher's Manual and sample assignments. Adjuncts experienced in criminal law or extensive use of expert testimony are particularly well suited. Guest lecturers from state forensic laboratories and state law enforcement forensic investigators give added perspective.
Forensic Science in Court: The Role of the Expert Witness is a practical handbook aimed at forensic science students, to help them prepare as an expert witness when presenting their evidence in court. Written in a clear, accessible manner, the book guides the student through the legal process and shows them how to handle evidence, write reports without ambiguity through to the more practical aspects of what to do when appearing in court. The book also offers advice on what to expect when working with lawyers in a courtroom situation. An essential text for all students taking forensic science courses who are required to take modules on how to present their evidence in court. The book is also an invaluable reference for any scientist requested to give an opinion in a legal context. · Integrates law and science in an easy to understand format · Inclusion of case studies throughout · Includes straightforward statistics essential for the forensic science student · An invaluable, practical textbook for anyone appearing as an expert witness in court · Unique in its approach aimed at forensic science students in a courtroom environment
In The Social Life of Forensic Evidence, Corinna Kruse provides a major contribution to understanding forensic evidence and its role in the criminal justice system. Arguing that forensic evidence can be understood as a form of knowledge, she reveals that each piece of evidence has a social life and biography. Kruse shows how the crime scene examination is as crucial to the creation of forensic evidence as laboratory analyses, the plaintiff, witness, and suspect statements elicited by police investigators, and the interpretations that prosecutors and defense lawyers bring to the evidence. Drawing on ethnographic data from Sweden and on theory from both anthropology and science and technology studies, she examines how forensic evidence is produced and how it creates social relationships as cases move from crime scene to courtroom. She demonstrates that forensic evidence is neither a fixed entity nor solely material, but is inseparably part of and made through particular legal, social, and technological practices.
The evidential role of matter—when media records trace evidence of violence—explored through a series of cases drawn from Kosovo, Japan, Vietnam, and elsewhere. In this book, Susan Schuppli introduces a new operative concept: material witness, an exploration of the evidential role of matter as both registering external events and exposing the practices and procedures that enable matter to bear witness. Organized in the format of a trial, Material Witness moves through a series of cases that provide insight into the ways in which materials become contested agents of dispute around which stake holders gather. These cases include an extraordinary videotape documenting the massacre at Izbica, Kosovo, used as war crimes evidence against Slobodan Milošević; the telephonic transmission of an iconic photograph of a South Vietnamese girl fleeing an accidental napalm attack; radioactive contamination discovered in Canada's coastal waters five years after the accident at Fukushima Daiichi; and the ecological media or “disaster film” produced by the Deep Water Horizon oil spill in the Gulf of Mexico. Each highlights the degree to which a rearrangement of matter exposes the contingency of witnessing, raising questions about what can be known in relationship to that which is seen or sensed, about who or what is able to bestow meaning onto things, and about whose stories will be heeded or dismissed. An artist-researcher, Schuppli offers an analysis that merges her creative sensibility with a forensic imagination rich in technical detail. Her goal is to relink the material world and its affordances with the aesthetic, the juridical, and the political.
Fingerprint examiners today are expected to develop, research and defend the scientific basis of their conclusions. Recent emphasis placed on scientific rigor and transparency through documentation has created a culture shift in the field. Many examiners are baffled by the resulting cultural, procedural and scientific distinctions, often becoming overwhelmed when required to testify as an expert witness to explain such concepts in the courtroom. Courtroom Testimony for Fingerprint Examiners addresses all aspects of courtroom testimony as the first book to focus solely on testifying on fingerprint evidence as a comparative science. The book is presented in two parts. Section I addresses general expert witnessing for forensic scientists. This serves as a primer for the novice or a review for experienced witnesses covering such topics as the structure of the criminal justice system and federal rules of evidence, the role of the expert witness, testimony as teaching, presenting challenging scientific concepts to the layperson, court preparation, the three phases of expert witness testimony and landmark court decisions that have shaped the modern landscape of forensic testimony. Section II focuses on specific issues affecting fingerprint examiners and how to field questions during both direct and cross-examination. While such "hot button" topics are absent from currently available texts, this section pays particular attention to these salient, emerging topics. This includes evidentiary challenges to fingerprint evidence, relevant publications such as the PCAST report, nomenclature and standards development, issues surrounding cognitive bias and subjectivity, probability models, error rates and cases of error and how to address issues of minimum point standards in both the empirical and holistic traditions. Both Section I and Section II provide examples and present innovations applicable to latent and tenprint examiners. Features include: Presents a history of fingerprint evidence and current best practices and limits on characterizing fingerprint evidence in court, including appropriate nomenclature Provides current guidelines and recommendations for standards and the courtroom Illustrates how experts can work with attorneys so that the testimony process educates and informs jurors and judges rather than perpetuating an adversarial dynamic Addresses important issues such as cognitive bias, subjectivity, error rates, probability models and ethics As a forensic training instructor for professionals – and previously as a college professor – author Hillary Moses Daluz has spent the past ten years teaching courtroom testimony courses to forensic scientists. Courtroom Testimony for Fingerprint Examiners offers an invaluable resource to forensic scientists, latent print examiners, tenprint examiners, lab personnel in related comparative fields, attorneys, investigative professionals and students enrolled in forensic science university programs.
