Statistical Science in the Courtroom

Statistical Science in the Courtroom
Author: Joseph L. Gastwirth
Publisher: Springer Science & Business Media
Total Pages: 454
Release: 2012-12-06
Genre: Social Science
ISBN: 1461212162

Expert testimony relying on scientific and other specialized evidence has come under increased scrutiny by the legal system. A trilogy of recent U.S. Supreme Court cases has assigned judges the task of assessing the relevance and reliability of proposed expert testimony. In conjunction with the Federal judiciary, the American Association for the Advancement of Science has initiated a project to provide judges indicating a need with their own expert. This concern with the proper interpretation of scientific evidence, especially that of a probabilistic nature, has also occurred in England, Australia and in several European countries. Statistical Science in the Courtroom is a collection of articles written by statisticians and legal scholars who have been concerned with problems arising in the use of statistical evidence. A number of articles describe DNA evidence and the difficulties of properly calculating the probability that a random individual's profile would "match" that of the evidence as well as the proper way to intrepret the result. In addition to the technical issues, several authors tell about their experiences in court. A few have become disenchanted with their involvement and describe the events that led them to devote less time to this application. Other articles describe the role of statistical evidence in cases concerning discrimination against minorities, product liability, environmental regulation, the appropriateness and fairness of sentences and how being involved in legal statistics has raised interesting statistical problems requiring further research.

The Use of Social Science Data in Supreme Court Decisions

The Use of Social Science Data in Supreme Court Decisions
Author: Rosemary J. Erickson
Publisher: University of Illinois Press
Total Pages: 204
Release: 1998
Genre: Judicial process
ISBN: 9780252066610

The cultures of law and social science differ markedly as to the kinds of truth they pursue. Law is deductive, presenting its findings as certainties; social science is largely inductive, presenting its conclusions as subject to revision and contingency. Yet the legal community traditionally draws at will and unsystematically on the findings of social science, sometimes with unfortunate results. The authors of this study explore this issue by focusing on the manner in which the United States Supreme Court uses social science data in reaching its decisions. Concentrating on decisions involving the issues of abortion, sex discrimination, and sexual harassment, they show that the use of such data has increased over the last twenty years, but they also show that whether such data are used appears to hinge more on the liberal, conservative, or longheld positions of the judges and the types of cases involved, rather than on the objectivity or validity of the data. By offering insights into how data are used by the Supreme Court, the authors hope to show social scientists how to make their research more suitable for courtroom use and to show the legal community how such data can be used more effectively.

Beyond Common Sense

Beyond Common Sense
Author: Eugene Borgida
Publisher: John Wiley & Sons
Total Pages: 448
Release: 2008-04-30
Genre: Psychology
ISBN: 9780470695692

Beyond Common Sense addresses the many important and controversial issues that arise from the use of psychological and social science in the courtroom. Each chapter identifies areas of scientific agreement and disagreement, and discusses how psychological science advances our understanding of human behavior beyond common sense. Features original chapters written by some of the leading experts in the field of psychology and law including Elizabeth Loftus, Saul Kassin, Faye Crosby, Alice Eagly, Gary Wells, Louise Fitzgerald, Craig Anderson, and Phoebe Ellsworth The 14 issues addressed include eyewitness identification, gender stereotypes, repressed memories, Affirmative Action and the death penalty Commentaries written by leading social science and law scholars discuss key legal and scientific themes that emerge from the science chapters and illustrate how psychological science is or can be used in the courts

Psychological Science in the Courtroom

Psychological Science in the Courtroom
Author: Jennifer L. Skeem
Publisher: Guilford Press
Total Pages: 433
Release: 2009-05-08
Genre: Psychology
ISBN: 1606233912

This rigorous yet reader-friendly book reviews the state of the science on a broad range of psychological issues commonly encountered in the forensic context. The goal is to help professionals and students differentiate between supported and unsupported psychological techniques--and steer clear of those that may be misleading or legally inadmissible. Leading contributors focus on controversial issues surrounding recovered memories, projective techniques, lie detection, child witnesses, offender rehabilitation, psychopathy, violence risk assessment, and more. With a focus on real-world legal situations, the book offers guidelines for presenting scientific evidence accurately and effectively in courtroom testimony and written reports.

Forensic Science in Court

Forensic Science in Court
Author: Donald Shelton
Publisher: Rowman & Littlefield Publishers
Total Pages: 198
Release: 2010-10-16
Genre: Law
ISBN: 1442201894

Forensic Science in Court explores the legal implications of forensic science—an increasingly important and complex part of the justice system. Judge Donald Shelton provides an accessible overview of the legal aissues, from the history of evidence in court, to "gatekeeper" judges determining what evidence can be allowed, to the "CSI effect" in juries. The book describes and evaluates various kinds of evidence, including DNA, fingerprints, handwriting, hair, bite marks, tool marks, firearms and bullets, fire and arson investigation, and bloodstain evidence. Assessing the strengths and limitations of each kind of evidence, the author also discusses how they can contribute to identifying the "who," "how," and "whether" questions that arise in criminal prosecutions. Author Donald Shelton draws on the depth of his experiences as courtroom prosecutor, professor, and judge, to provide a well-rounded look at these increasingly critical issues. Case studies throughout help bring the issues to life and show how forensic science has been used, both successfully and not, in real-world situations.

Privilege and Punishment

Privilege and Punishment
Author: Matthew Clair
Publisher: Princeton University Press
Total Pages: 320
Release: 2022-06-21
Genre: Social Science
ISBN: 069123387X

How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.

Confessions in the Courtroom

Confessions in the Courtroom
Author: Lawrence S. Wrightsman
Publisher: SAGE Publications
Total Pages: 179
Release: 1993-05-28
Genre: Education
ISBN: 1452254028

When the prosecution introduces confession testimony during a criminal trial, the effect is usually overwhelming. In fact, jurors′ verdicts are affected more by a confession than by eyewitness testimony. While eyewitness studies are massive in numbers, the topic of confession evidence has been largely ignored by psychologists and other social scientists. Confessions in the Courtroom seeks to rectify this discrepancy. This timely book examines how the legal system has evolved in its treatment of confessions over the last half century and discusses, at length, the U.S. Supreme Court′s decision regarding Arizona v. Fulminante which caused a reassessment of the acceptability of confessions generated under duress. The authors examine the causes of confessions and the interrogation procedure used by the police. They also evaluate the process for determining the admissability of confession testimony and provide excellent research on jurors′ reactions to voluntary and coerced confessions. Social scientists, attorneys, members of the criminal justice system, and students will find Confessions in the Courtroom to be an objective and readable treatment on this important topic. "In this short volume, the authors seek "to describe and evaluate what we know about confessions given to police and their impact at the subsequent trial." It is a comprehensive review of the social psychological literature and legal decisions surrounding confessions. One of the primary strengths of the manuscript is the interplay between social science and law fostered by the authors′ clear understanding of the boundaries between these disciplines and appreciation of the substantive areas they share. . . . [The authors] have produced a comprehensive and imminently readable legal and psychological treatise on confessions, valuable for established scholars and for students." --Journal of Contemporary Criminal Justice

The Courts and Social Policy

The Courts and Social Policy
Author: Donald L. Horowitz
Publisher: Brookings Institution Press
Total Pages: 326
Release: 2010-12-10
Genre: Law
ISBN: 9780815707318

In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests

Witnessing for Sociology

Witnessing for Sociology
Author: Pamela J. Jenkins
Publisher: Bloomsbury Publishing USA
Total Pages: 285
Release: 1996-06-24
Genre: Social Science
ISBN: 0313021589

The American court system is making increasing use of sociologists as expert witnesses. From toxic torts to religious cults and brainwashing, sociological knowledge is becoming increasingly more commonplace in the legal arena. This edited volume is a collection of the experiences of sociologists who have appeared as expert witnesses in a variety of court cases. Many of the cases covered in this book revolve around central issues of murder, self-defense, religious cults, battered women, child pornography, environmentalism, and homelessness. This volume is unique in its breadth of topics and contributions.