Scientific Evidence in Civil and Criminal Cases
Scientific Evidence in Civil and Criminal Cases

Author: Andre A. Moenssens

Publisher: Foundation Press

Published: 2007

Total Pages: 0

ISBN-13: 9781599411545

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This popular casebook is designed to provide those participating in trials with a concise understanding of the scope of the most commonly encountered types of expert testimony, and the nature of the results which may be expected from specialists. It explores both the potentialities and limitations of various types of expert proof. It considers qualifications needed for expertise in these various professional disciplines and discusses the status of the law concerning the various types of evidence encountered. The book first deals with the general concepts underlying expert opinion testimony, with the use of real and demonstrative evidence, and with opinion testimony of non-expert skilled witnesses. It then turns in succession to expert testimony based upon the physical sciences, and expert witnesses in the biological and life sciences. Finally, the book explores expert testimony in the behavioral sciences.

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.

DNA Technology in Forensic Science
DNA Technology in Forensic Science

Author: National Research Council

Publisher: National Academies Press

Published: 1992-02-01

Total Pages: 199

ISBN-13: 0309045878

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Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.

Expert evidence in criminal proceedings in England and Wales
Expert evidence in criminal proceedings in England and Wales

Author: Great Britain: Law Commission

Publisher: The Stationery Office

Published: 2011-03-22

Total Pages: 224

ISBN-13: 9780102971170

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This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.

The Methods of Attacking Scientific Evidence
The Methods of Attacking Scientific Evidence

Author: Edward J. Imwinkelried

Publisher:

Published: 2022

Total Pages:

ISBN-13: 9781663338808

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"The Methods of Attacking Scientific Evidence catalogs potential attacks on the admissibility and weight of expert testimony and scientific evidence and dissects the strategic factors involved"--

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.

Autopsy of a Crime Lab
Autopsy of a Crime Lab

Author: Brandon L. Garrett

Publisher: Univ of California Press

Published: 2021-03-23

Total Pages: 261

ISBN-13: 0520976630

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This book exposes the dangerously imperfect forensic evidence that we rely on for criminal convictions. "That's not my fingerprint, your honor," said the defendant, after FBI experts reported a "100-percent identification." The FBI was wrong. It is shocking how often they are. Autopsy of a Crime Lab is the first book to catalog the sources of error and the faulty science behind a range of well-known forensic evidence, from fingerprints and firearms to forensic algorithms. In this devastating forensic takedown, noted legal expert Brandon L. Garrett poses the questions that should be asked in courtrooms every day: Where are the studies that validate the basic premises of widely accepted techniques such as fingerprinting? How can experts testify with 100-percent certainty about a fingerprint, when there is no such thing as a 100 percent match? Where is the quality control at the crime scenes and in the laboratories? Should we so readily adopt powerful new technologies like facial recognition software and rapid DNA machines? And why have judges been so reluctant to consider the weaknesses of so many long-accepted methods? Taking us into the lives of the wrongfully convicted or nearly convicted, into crime labs rocked by scandal, and onto the front lines of promising reform efforts driven by professionals and researchers alike, Autopsy of a Crime Lab illustrates the persistence and perniciousness of shaky science and its well-meaning practitioners.