Discussion Of The Committee On Daubert Standards
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| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 46 |
| Release | : 2006-08-19 |
| Genre | : Political Science |
| ISBN | : 0309102480 |
In 1993, the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., laid out a new test for federal trial judges to use when determining the admissibility of expert testimony. In Daubert, the Court ruled that judges should act as gatekeepers, assessing the reliability of the scientific methodology and reasoning that supports expert testimony. The resulting judicial screening of expert testimony has been particularly consequential. While the Supreme Court sought to bring better science into the courtroom, questions remain about whether the lower courts' application of Daubert accords with scientific practices. This report summarizes discussions held by an ad hoc committee of the The National Academies to consider the impact of Daubert and subsequent Supreme Court opinions and to identify questions for future study.
| Author | : |
| Publisher | : |
| Total Pages | : 652 |
| Release | : 1994 |
| Genre | : Evidence, Expert |
| ISBN | : |
| Author | : National Academies |
| Publisher | : National Academies Press |
| Total Pages | : 216 |
| Release | : 2012-12-29 |
| Genre | : Science |
| ISBN | : 0309261503 |
No person or place is immune from disasters or disaster-related losses. Infectious disease outbreaks, acts of terrorism, social unrest, or financial disasters in addition to natural hazards can all lead to large-scale consequences for the nation and its communities. Communities and the nation thus face difficult fiscal, social, cultural, and environmental choices about the best ways to ensure basic security and quality of life against hazards, deliberate attacks, and disasters. Beyond the unquantifiable costs of injury and loss of life from disasters, statistics for 2011 alone indicate economic damages from natural disasters in the United States exceeded $55 billion, with 14 events costing more than a billion dollars in damages each. One way to reduce the impacts of disasters on the nation and its communities is to invest in enhancing resilience-the ability to prepare and plan for, absorb, recover from and more successfully adapt to adverse events. Disaster Resilience: A National Imperative addresses the broad issue of increasing the nation's resilience to disasters. This book defines "national resilience", describes the state of knowledge about resilience to hazards and disasters, and frames the main issues related to increasing resilience in the United States. It also provide goals, baseline conditions, or performance metrics for national resilience and outlines additional information, data, gaps, and/or obstacles that need to be addressed to increase the nation's resilience to disasters. Additionally, the book's authoring committee makes recommendations about the necessary approaches to elevate national resilience to disasters in the United States. Enhanced resilience allows better anticipation of disasters and better planning to reduce disaster losses-rather than waiting for an event to occur and paying for it afterward. Disaster Resilience confronts the topic of how to increase the nation's resilience to disasters through a vision of the characteristics of a resilient nation in the year 2030. Increasing disaster resilience is an imperative that requires the collective will of the nation and its communities. Although disasters will continue to occur, actions that move the nation from reactive approaches to disasters to a proactive stance where communities actively engage in enhancing resilience will reduce many of the broad societal and economic burdens that disasters can cause.
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 348 |
| Release | : 2009-07-29 |
| Genre | : Law |
| ISBN | : 0309142393 |
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.
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 212 |
| Release | : 2015-01-16 |
| Genre | : Law |
| ISBN | : 0309310628 |
Identifying the Culprit: Assessing Eyewitness Identification makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda.
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 270 |
| Release | : 1996-12-12 |
| Genre | : Science |
| ISBN | : 0309134404 |
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.
| Author | : Judicial Conference of Senior Circuit Judges |
| Publisher | : |
| Total Pages | : 84 |
| Release | : |
| Genre | : Courts |
| ISBN | : |
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 227 |
| Release | : 2004-04-26 |
| Genre | : Law |
| ISBN | : 0309090792 |
Since the 1960s, testimony by representatives of the Federal Bureau of Investigation in thousands of criminal cases has relied on evidence from Compositional Analysis of Bullet Lead (CABL), a forensic technique that compares the elemental composition of bullets found at a crime scene to the elemental composition of bullets found in a suspect's possession. Different from ballistics techniques that compare striations on the barrel of a gun to those on a recovered bullet, CABL is used when no gun is recovered or when bullets are too small or mangled to observe striations. Forensic Analysis: Weighing Bullet Lead Evidence assesses the scientific validity of CABL, finding that the FBI should use a different statistical analysis for the technique and that, given variations in bullet manufacturing processes, expert witnesses should make clear the very limited conclusions that CABL results can support. The report also recommends that the FBI take additional measures to ensure the validity of CABL results, which include improving documentation, publishing details, and improving on training and oversight.
| Author | : David M. O′Brien |
| Publisher | : CQ Press |
| Total Pages | : 337 |
| Release | : 2016-05-20 |
| Genre | : Political Science |
| ISBN | : 1506340296 |
Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features "off-the-bench" writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary. "Judges on Judging is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts." —Douglas Edlin, Dickinson College
| Author | : Homer Alfred Neal |
| Publisher | : University of Michigan Press |
| Total Pages | : 401 |
| Release | : 2010-09-22 |
| Genre | : Political Science |
| ISBN | : 047202745X |
Science and technology are responsible for almost every advance in our modern quality of life. Yet science isn't just about laboratories, telescopes and particle accelerators. Public policy exerts a huge impact on how the scientific community conducts its work. Beyond Sputnik is a comprehensive survey of the field for use as an introductory textbook in courses and a reference guide for legislators, scientists, journalists, and advocates seeking to understand the science policy-making process. Detailed case studies---on topics from cloning and stem cell research to homeland security and science education---offer readers the opportunity to study real instances of policymaking at work. Authors and experts Homer A. Neal, Tobin L. Smith, and Jennifer B. McCormick propose practical ways to implement sound public policy in science and technology and highlight how these policies will guide the results of scientific discovery for years to come. Homer A. Neal is the Samuel A. Goudsmit Distinguished University Professor of Physics, Interim President Emeritus, and Vice President for Research Emeritus at the University of Michigan, and is a former member of the U.S. National Science Board. Tobin L. Smith is Associate Vice President for Federal Relations at the Association of American Universities. He was formerly Assistant Director of the University of Michigan and MIT Washington, DC, offices. Jennifer B. McCormick is an Assistant Professor of Biomedical Ethics in the Division of General Internal Medicine at the Mayo College of Medicine in Rochester, Minnesota, and is the Associate Director of the Research Ethics Resource, part of the Mayo Clinic's NIH Clinical Translational Science Award research programs. GO BEYOND SPUTNIK ONLINE--Visit www.science-policy.net for the latest news, teaching resources, learning guides, and internship opportunities in the 21st-Century field of science policy.
