The Double Helix and the Law of Evidence
The Double Helix and the Law of Evidence

Author: David H. Kaye

Publisher: Harvard University Press

Published: 2010-05-15

Total Pages: 360

ISBN-13: 9780674054110

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Bridging law, genetics, and statistics, this book is an authoritative history of the long and tortuous process by which DNA science has been integrated into the American legal system. In a history both scientifically sophisticated and comprehensible to the nonspecialist, David Kaye weaves together molecular biology, population genetics, the legal rules of evidence, and theories of statistical reasoning as he describes the struggles between prosecutors and defense counsel over the admissibility of genetic proof of identity. Combining scientific exposition with stories of criminal investigations, scientific and legal hubris, and distortions on all sides, Kaye shows how the adversary system exacerbated divisions among scientists, how lawyers and experts obfuscated some issues and clarified others, how probability and statistics were manipulated and misunderstood, and how the need to convince lay judges influenced the scientific research. Looking to the future, Kaye uses probability theory to clarify legal concepts of relevance and probative value, and describes alternatives to race-based DNA profile frequencies. Essential reading for lawyers, judges, and expert witnesses in DNA cases, The Double Helix and the Law of Evidence is an informative and provocative contribution to the interdisciplinary study of law and science.

The Double Helix and the Law of Evidence
The Double Helix and the Law of Evidence

Author: David H. Kaye

Publisher: Harvard University Press

Published: 2010-01-01

Total Pages: 0

ISBN-13: 9780674035881

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Bridging law, genetics, and statistics, this book is an authoritative history of the long and tortuous process by which DNA science has been integrated into the American legal system.In a history both scientifically sophisticated and comprehensible to the nonspecialist, David H. Kaye weaves together molecular biology, population genetics, the legal rules of evidence, and theories of statistical reasoning as he describes the struggles between prosecutors and defense counsel over the admissibility of genetic proof of identity. Combining scientific exposition with stories of criminal investigations, scientific and legal hubris, and distortions on all sides, Kaye shows how the adversary system exacerbated divisions among scientists, how lawyers and experts obfuscated some issues and clarified others, how probability and statistics were manipulated and misunderstood, and how the need to convince lay judges influenced the scientific research. Looking to the future, Kaye uses probability theory to clarify legal concepts of relevance and probative value, and describes alternatives to race-based DNA profile frequencies.Essential reading for lawyers, judges, and expert witnesses in DNA cases, The Double Helix and the Law of Evidence is an informative and provocative contribution to the interdisciplinary study of law and science.

The Proof
The Proof

Author: Frederick Schauer

Publisher: Harvard University Press

Published: 2022-05-31

Total Pages: 321

ISBN-13: 0674276256

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Winner of the Scribes Book Award “Displays a level of intellectual honesty one rarely encounters these days...This is delightful stuff.” —Barton Swaim, Wall Street Journal “At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. The Proof offers both timely and enduring insights.” —Martha Minow, former Dean of Harvard Law School “His essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees...and that probability, the likelihood that the evidence or testimony is accurate, matters.” —Steven Mintz, Inside Higher Education “I would make Proof one of a handful of books that all incoming law students should read...Essential and timely.” —Emily R. D. Murphy, Law and Society Review In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. To help us navigate this polarized world awash in misinformation, preeminent legal theorist Frederick Schauer proposes a much-needed corrective. How we know what we think we know is largely a matter of how we weigh the evidence. But evidence is no simple thing. Law, science, public and private decision making—all rely on different standards of evidence. From vaccine and food safety to claims of election fraud, the reliability of experts and eyewitnesses to climate science, The Proof develops fresh insights into the challenge of reaching the truth. Schauer reveals how to reason more effectively in everyday life, shows why people often reason poorly, and makes the case that evidence is not just a matter of legal rules, it is the cornerstone of judgment.

Genetic Explanations
Genetic Explanations

Author: Sheldon Krimsky

Publisher: Harvard University Press

Published: 2013-02-26

Total Pages: 314

ISBN-13: 0674071093

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Can genes determine which fifty-year-old will succumb to Alzheimer’s, which citizen will turn out on voting day, and which child will be marked for a life of crime? Yes, according to the Internet, a few scientific studies, and some in the biotechnology industry who should know better. Sheldon Krimsky and Jeremy Gruber gather a team of genetic experts to argue that treating genes as the holy grail of our physical being is a patently unscientific endeavor. Genetic Explanations urges us to replace our faith in genetic determinism with scientific knowledge about how DNA actually contributes to human development. The concept of the gene has been steadily revised since Watson and Crick discovered the structure of the DNA molecule in 1953. No longer viewed by scientists as the cell’s fixed set of master molecules, genes and DNA are seen as a dynamic script that is ad-libbed at each stage of development. Rather than an autonomous predictor of disease, the DNA we inherit interacts continuously with the environment and functions differently as we age. What our parents hand down to us is just the beginning. Emphasizing relatively new understandings of genetic plasticity and epigenetic inheritance, the authors put into a broad developmental context the role genes are known to play in disease, behavior, evolution, and cognition. Rather than dismissing genetic reductionism out of hand, Krimsky and Gruber ask why it persists despite opposing scientific evidence, how it influences attitudes about human behavior, and how it figures in the politics of research funding.

Handbook of Forensic Statistics
Handbook of Forensic Statistics

Author: David L. Banks

Publisher: CRC Press

Published: 2020-11-05

Total Pages: 571

ISBN-13: 1000096068

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Handbook of Forensic Statistics is a collection of chapters by leading authorities in forensic statistics. Written for statisticians, scientists, and legal professionals having a broad range of statistical expertise, it summarizes and compares basic methods of statistical inference (frequentist, likelihoodist, and Bayesian) for trace and other evidence that links individuals to crimes, the modern history and key controversies in the field, and the psychological and legal aspects of such scientific evidence. Specific topics include uncertainty in measurements and conclusions; statistically valid statements of weight of evidence or source conclusions; admissibility and presentation of statistical findings; and the state of the art of methods (including problems and pitfalls) for collecting, analyzing, and interpreting data in such areas as forensic biology, chemistry, and pattern and impression evidence. The particular types of evidence that are discussed include DNA, latent fingerprints, firearms and toolmarks, glass, handwriting, shoeprints, and voice exemplars.

Encyclopedia of Forensic Sciences
Encyclopedia of Forensic Sciences

Author:

Publisher: Academic Press

Published: 2012-12-28

Total Pages: 2253

ISBN-13: 0123821665

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Forensic science includes all aspects of investigating a crime, including: chemistry, biology and physics, and also incorporates countless other specialties. Today, the service offered under the guise of "forensic science’ includes specialties from virtually all aspects of modern science, medicine, engineering, mathematics and technology. The Encyclopedia of Forensic Sciences, Second Edition, Four Volume Set is a reference source that will inform both the crime scene worker and the laboratory worker of each other’s protocols, procedures and limitations. Written by leading scientists in each area, every article is peer reviewed to establish clarity, accuracy, and comprehensiveness. As reflected in the specialties of its Editorial Board, the contents covers the core theories, methods and techniques employed by forensic scientists – and applications of these that are used in forensic analysis. This 4-volume set represents a 30% growth in articles from the first edition, with a particular increase in coverage of DNA and digital forensics Includes an international collection of contributors The second edition features a new 21-member editorial board, half of which are internationally based Includes over 300 articles, approximately 10pp on average Each article features a) suggested readings which point readers to additional sources for more information, b) a list of related Web sites, c) a 5-10 word glossary and definition paragraph, and d) cross-references to related articles in the encyclopedia Available online via SciVerse ScienceDirect. Please visit www.info.sciencedirect.com for more information This new edition continues the reputation of the first edition, which was awarded an Honorable Mention in the prestigious Dartmouth Medal competition for 2001. This award honors the creation of reference works of outstanding quality and significance, and is sponsored by the RUSA Committee of the American Library Association

Forensic Science Evidence and Expert Witness Testimony
Forensic Science Evidence and Expert Witness Testimony

Author: Paul Roberts

Publisher: Edward Elgar Publishing

Published: 2018-11-30

Total Pages: 454

ISBN-13: 1788111036

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Forensic science evidence plays a pivotal role in modern criminal proceedings. Yet such evidence poses intense practical and theoretical challenges. It can be unreliable or misleading and has been associated with miscarriages of justice. In this original and insightful book, a global team of prominent scholars and practitioners explore the contemporary challenges of forensic science evidence and expert witness testimony from a variety of theoretical, practical and jurisdictional perspectives. Chapters encompass the institutional organisation of forensic science, its procedural regulation, evaluation and reform, and brim with comparative insight.

Professional Issues in Forensic Science
Professional Issues in Forensic Science

Author: Max M. Houck

Publisher: Academic Press

Published: 2015-04-15

Total Pages: 391

ISBN-13: 0128006234

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Professional Issues in Forensic Science will introduce students to various topics they will encounter within the field of Forensic Science. Legal implications within the field will focus on expert witness testimony and procedural rules defined by both legislative statute and court decisions. These decisions affect the collection, analysis, and court admissibility of scientific evidence, such as the Frye and Daubert standards and the Federal Rules of Evidence. Existing and pending Forensic Science legislation will be covered, including laws governing state and national DNA databases. Ethical concerns stemming from the day-to-day balancing of competing priorities encountered by the forensic student will be discussed. Such competing priorities may cause conflicts between good scientific practice and the need to expedite work, meet legal requirements, and satisfy client's wishes. The role of individual morality in Forensic Science and competing ethical standards between state and defense experts will be addressed. Examinations of ethical guidelines issued by various professional forensic organizations will be conducted. Students will be presented with examples of ethical dilemmas for comment and resolution. The management of crime laboratories will provide discussion on quality assurance/quality control practices and the standards required by the accreditation of laboratories and those proposed by Scientific Working Groups in Forensic Science. The national Academy of Sciences report on Strengthening Forensic Science will be examined to determine the impact of the field. Professional Issues in Forensic Science is a core topic taught in forensic science programs. This volume will be an essential advanced text for academics and an excellent reference for the newly practicing forensic scientist. It will also fit strategically and cluster well with our other forensic science titles addressing professional issues. - Introduces readers to various topics they will encounter within the field of Forensic Science - Covers legal issues, accreditation and certification, proper analysis, education and training, and management issues - Includes a section on professional organizations and groups, both in the U.S. and Internationally - Incorporates effective pedagogy, key terms, review questions, discussion question and additional reading suggestions

Behavioral Analysis
Behavioral Analysis

Author: Max M. Houck

Publisher: Elsevier

Published: 2018-01-02

Total Pages: 234

ISBN-13: 0128025026

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Behavioral Analysis, the latest release in the Advanced Forensic Science series, an ongoing reference that grew out of recommendations from the 2009 NAS Report: Strengthening Forensic Science: A Path Forward serves as a graduate level text for those studying and teaching forensic psychology, and is also an excellent reference for forensic psychologists. Coverage includes investigations, death and violence, abuse, other methods and professional issues. Edited by a world-renowned, leading forensic expert, the Advanced Forensic Science series is a long overdue solution for those in the forensic science community. - Provides basic principles of forensic science and an overview of forensic behavioral analysis - Contains sections on investigations, abuse, death and violence - Includes coverage of other methods, such as phonetics and forensic linguistics - Includes a section on professional issues, such as crime scene to court, expert witness testimony, health and safety - Incorporates effective pedagogy, key terms, review questions, discussion questions and additional reading suggestions

The Evaluation of Forensic DNA Evidence
The Evaluation of Forensic DNA Evidence

Author: National Research Council

Publisher: National Academies Press

Published: 1996-12-12

Total Pages: 270

ISBN-13: 0309134404

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In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.