Forensic Expertise And The Law Of Evidence
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Author | : C. Michael Bowers |
Publisher | : Academic Press |
Total Pages | : 297 |
Release | : 2013-09-07 |
Genre | : Law |
ISBN | : 0123972604 |
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
Author | : Craig Adam |
Publisher | : John Wiley & Sons |
Total Pages | : 336 |
Release | : 2016-07-12 |
Genre | : Law |
ISBN | : 1119054435 |
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.
Author | : Terrence F. Kiely |
Publisher | : CRC Press |
Total Pages | : 534 |
Release | : 2005-11-29 |
Genre | : Law |
ISBN | : 1420038060 |
Focusing on issues raised at Interpol‘s 14th Forensic Science Symposium, this volume offers a complete overview and analysis of the scientific and legal aspects of each of the forensic disciplines. It updates cases and discusses recent applications of Frye/Daubert, the admissibility of eyewitness identification, the explosion of cases and statutes addressing post-conviction DNA, the rise in attention to cold cases, and other challenges. This is the book that those in the forensic sciences need to have on hand to successfully prepare for what may await them in the courtroom.
Author | : Bernard Robertson |
Publisher | : John Wiley & Sons |
Total Pages | : 216 |
Release | : 2016-07-28 |
Genre | : Medical |
ISBN | : 1118492455 |
This book explains the correct logical approach to analysis of forensic scientific evidence. The focus is on general methods of analysis applicable to all forms of evidence. It starts by explaining the general principles and then applies them to issues in DNA and other important forms of scientific evidence as examples. Like the first edition, the book analyses real legal cases and judgments rather than hypothetical examples and shows how the problems perceived in those cases would have been solved by a correct logical approach. The book is written to be understood both by forensic scientists preparing their evidence and by lawyers and judges who have to deal with it. The analysis is tied back both to basic scientific principles and to the principles of the law of evidence. This book will also be essential reading for law students taking evidence or forensic science papers and science students studying the application of their scientific specialisation to forensic questions.
Author | : David A. Harris |
Publisher | : NYU Press |
Total Pages | : 270 |
Release | : 2012-09-03 |
Genre | : Law |
ISBN | : 0814790550 |
With the popularity of crime dramas like CSI focusing on forensic science, and increasing numbers of police and prosecutors making wide-spread use of DNA, high-tech science seems to have become the handmaiden of law enforcement. But this is a myth,asserts law professor and nationally known expert on police profiling David A. Harris. In fact, most of law enforcement does not embrace science—it rejects it instead, resisting it vigorously. The question at the heart of this book is why. »» Eyewitness identifications procedures using simultaneous lineups—showing the witness six persons together,as police have traditionally done—produces a significant number of incorrect identifications. »» Interrogations that include threats of harsh penalties and untruths about the existence of evidence proving the suspect’s guilt significantly increase the prospect of an innocent person confessing falsely. »» Fingerprint matching does not use probability calculations based on collected and standardized data to generate conclusions, but rather human interpretation and judgment.Examiners generally claim a zero rate of error – an untenable claim in the face of publicly known errors by the best examiners in the U.S. Failed Evidence explores the real reasons that police and prosecutors resist scientific change, and it lays out a concrete plan to bring law enforcement into the scientific present. Written in a crisp and engaging style, free of legal and scientific jargon, Failed Evidence will explain to police and prosecutors, political leaders and policy makers, as well as other experts and anyone else who cares about how law enforcement does its job, where we should go from here. Because only if we understand why law enforcement resists science will we be able to break through this resistance and convince police and prosecutors to rely on the best that science has to offer.Justice demands no less.
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 | : Donald E. Shelton |
Publisher | : Criminal Justice: Recent Schol |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Law |
ISBN | : 9781593325176 |
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.
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 | : Anna Sandiford |
Publisher | : |
Total Pages | : 436 |
Release | : 2019-08-02 |
Genre | : Evidence (Law) |
ISBN | : 9781988591070 |
Like its well-regarded predecessor this new edition of Forensic Science and the Law: A Guide for Police, Lawyers and Expert Witnesses is an information resource providing practical information to readers about the key areas of forensic science encountered in criminal and traffic cases. Drawing on her experience as a forensic scientist, consultant and expert witness, Dr Anna Sandiford has written the book for non-scientists who need a non-technical explanation of the most common forensic science issues raised during the investigation and litigation stages of criminal and traffic proceedings.
Author | : Henry C. Lee |
Publisher | : Lawyers and Judges Publishing |
Total Pages | : 297 |
Release | : 2000 |
Genre | : Law |
ISBN | : 193005601X |
This new edition of the classic by America's leading forensic scientists gives you an insider's understanding of physical evidence at the crime scene. Written in an easy-to-understand format, this outstanding guide by the nation's foremost forensic scientists introduces you to the basics of crime scene evaluation. This extensive resource is packed with valuable information about the details of collecting, storing, and analyzing all types of physical evidence. You'll learn how to connect the victim(s) and suspect(s) to the crime scene, and to the physical evidence left behind. The book also teaches you how to use this information to provide convincing testimony based on scientific facts. Discover if the police and prosecution have done their jobs properly when processing all crime scene materials. Part I offers an overview of forensic science and discusses the future path of forensic science and its applications in the courtroom and society. Part II gives you an exhaustive list of physical evidence typically left behind at crime scenes and explains the correct methods for processing this evidence. Part III discusses current issues in search and seizure, and how to effectively utilize it in court. The appendices discuss common blood screening test reagents and how to use the druggist's fold for sealing evidence in paper.Details often make the difference between winning and losing that important case. This in-depth reference also provides a wealth of details regarding: light and smoke at the crime scene, bullet identification, the difference between transient and pattern evidence, noting post-mortem lividity marks and other special imprints and indentations, how odors offer clues to the crime, studying dry versus wet blood samples, how to reconstruct a crime scene, and most importantly how to recognize and co-ordinate all the elements of the crime scene. Written by the foremost experts in the field of forensic science, you will learn from the best how to make your investigation solid and successful. Topics include: Physical evidence and forensic science Introduction to forensic science Arson Bite marks Blood and Body fluids Bombs and explosives Computers and electronic data as evidence Chemical substances Crime scene reconstruction DNA analyses Documents Drugs and controlled substances Firearms Fibers Fingerprints Glass Gunshot residue Hair Imprint and impression evidence Fingerprints Paints Pattern evidence Plastics Sexual assault and sex crime evidence Soil Tape Toolmarks Video evidence Voice identification Legal aspects of forensic science Some screening test reagents The druggist's fold