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The Impact of Scientific Evidence on the Criminal Trial by Oriola Sallavaci Pdf
This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.
Forensic science laboratories' reputations have increasingly come under fire. Incidents of tainted evidence, false reports, allegations of negligence, scientifically flawed testimony, or - worse yet - perjury in in-court testimony, have all served to cast a shadow over the forensic sciences. Instances of each are just a few of the quality-related charges made in the last few years. Forensic Science Under Siege is the first book to integrate and explain these problematic trends in forensic science. The issues are timely, and are approached from an investigatory, yet scholarly and research-driven, perspective. Leading experts are consulted and interviewed, including directors of highly visible forensic laboratories, as well as medical examiners and coroners who are commandeering the discussions related to these issues. Interviewees include Henry Lee, Richard Saferstein, Cyril Wecht, and many others. The ultimate consequences of all these pressures, as well as the future of forensic science, has yet to be determined. This book examines these challenges, while also exploring possible solutions (such as the formation of a forensic science consortium to address specific legislative issues). It is a must-read for all forensic scientists. Provides insight on the current state of forensic science, demands, and future direction as provided by leading experts in the field Consolidates the current state of standards and best-practices of labs across disciplines Discusses a controversial topic that must be addressed for political support and financial funding of forensic science to improve
Convicted by Juries, Exonerated by Science by Edward F. Connors Pdf
The development of DNA technology furthers the search for truth by helping police & prosecutors in the fight against violent crime. Most of the individuals whose stories are told in the report were convicted after jury trials & were sentenced to long prison terms. They successfully challenged their convictions, using DNA tests on existing evidence. They had served, on average, seven years in prison. By highlighting the importance & utility of DNA evidence, this report presents challenges to the scientific & justice communities. A task ahead is to maintain the highest standards for the collection & preservation of DNA evidence.
Forensic Evidence: Science and the Criminal Law is a comprehensive analysis of the most recent state and federal court decisions addressing the use of forensic science in the investigation and trial of criminal cases. Each case provides a complete overview and analysis of the relevant scientific issues debated by the court in that particular case. These science-related discussions present the court's most recent positions on ballistics, blood analysis, forensic anthropology, and other scientific applications. Each case also provides a thorough examination of the legal aspects of its relevant science-related issues. These legal analyses focus on issues of criminal discovery, the debate over the legal requirements for utilization of an area of medical or other forensic science at trial, and the appellate court's acceptance in whole, in part, or not at all, of the scientist's factual findings and opinions in a wide variety of science-based settings. The author gives special attention to the latest decisions addressing the applicability of the famous Daubert case. Here, he offers a thorough analysis of what does and does not constitute acceptable science for the basis of an expert's opinion. Against this background, Forensic Evidence: Science and the Criminal Law will aid you tremendously in discerning these intricate factors, thereby boosting your understanding and analysis of science-based criminal cases on both the federal and state levels.
Author : Carol A. G. Jones Publisher : Oxford University Press, USA Page : 304 pages File Size : 47,7 Mb Release : 1994 Category : Evidence, Expert ISBN : STANFORD:36105005150672
This book is the first socio-legal analysis of the role of experts in the legal process, focusing on the role played by expert witnesses in the pre-trial construction of legal cases. It examines the history of forensic science in terms of its cooptation by the law as an aid to advocacy. Given recent concerns about the reliability of forensic evidence in criminal cases, the book is especially topical. Its argument is that, far from being 'abnormal' or 'deviant' science, forensic science in these cases of 'miscarriages of justice' represents a normal practice of science and a typical practice of science in the harness of the law. In some respects, our recent disillusionment with forensic science stems from a wider loss of faith in the promise of modernity - science no longer may be relied upon to provide us with the certainties we seek in order to construct our everyday lives. In one sense, therefore, our loss of confidence in forensic science and the criminal justice system is part of a more profound malaise. This book examines the various options available to us and analyses the ways in which the legal system has, in the past as in the present, sought to redeem its role as a primary means of truth-finding and deliverer of certainty. The book contains new material on the history of science and law as well as drawing upon empirical data and observational study to demonstrate the 'behind the scenes' links between, and pre-trial practices of, lawyers and scientists. It argues that recent attempts to resolve our crisis of confidence in forensic science by moving towards an 'independent' forensic science service are misguided and will eventually lead to 'state closure' of forensic services.As an alternative to this scenario, the author proposes a mixed economy of forensic services, comprising a strong freelance/university sector to off-set the present virtual monopoly by the State. Its analysis and proposals should be of interest to anyone interested in the findings of the Royal Commission on the Criminal Justice System.
The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK by S. Lucina Hackman,Fiona Raitt,Sue Black Pdf
The global nature of crime often requires expert witnesses to work and present their conclusions in courts outside their home jurisdiction with the corresponding need for them to have an understanding of the different structures and systems operating in other jurisdictions. This book will be a resource for UK professionals, as well as those from overseas testifying internationally, as to the workings of all UK jurisdictions. It also will help researchers and students to better understand the UK legal system.
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.
Expert Evidence and Scientific Proof in Criminal Trials by Paul Roberts Pdf
Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placingforensic science in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder‘scommon sense reasoning. Finally, the volume‘s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.
Forensic Science and the Administration of Justice by Kevin J. Strom,Matthew J. Hickman Pdf
Uniting forensics, law, and social science in meaningful and relevant ways, Forensic Science and the Administration of Justice, by Kevin J. Strom and Matthew J. Hickman, is structured around current research on how forensic evidence is being used and how it is impacting the justice system. This unique book—written by nationally known scholars in the field—includes five sections that explore the demand for forensic services, the quality of forensic services, the utility of forensic services, post-conviction forensic issues, and the future role of forensic science in the administration of justice. The authors offer policy-relevant directions for both the criminal justice and forensic fields and demonstrate how the role of the crime laboratory in the American justice system is evolving in concert with technological advances as well as changing demands and competing pressures for laboratory resources.
Forensic Science Evidence and Expert Witness Testimony by Paul Roberts,Michael Stockdale Pdf
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.
Handbook of Forensic Science by Jim Fraser,Robin Williams Pdf
Forensic science has become increasingly important within contemporary criminal justice, from criminal investigation through to courtroom deliberations, and an increasing number of agencies and individuals are having to engage with its contribution to contemporary justice. This Handbook aims to provide an authoritative map of the landscape of forensic science within the criminal justice system of the UK. It sets out the essential features of the subject, covering the disciplinary, technological, organizational and legislative resources that are brought together to make up contemporary forensic science practice. It is the first full-length publication which reviews forensic science in a wider political, economic, social, technological and legal context, identifying emerging themes on the current status and potential future of forensic science as part of the criminal justice system. With contributions from many of the leading authorities in the field it will be essential reading for both students and practitioners.
Author : Howard Coleman,Eric Swenson Publisher : DNA in the Courtroom Page : 156 pages File Size : 41,6 Mb Release : 1994 Category : DNA fingerprinting ISBN : 0964450704
Forensic Evidence in Court by Christine Beck Lissitzyn,Marc Wm Vallen Pdf
The second edition of Forensic Evidence in Court updates the original version, which was published in 2007. This edition continues to focus on the use of forensic evidence in criminal trials by examining particular case studies. In addition, it adds two new topics: 1. Computer and Digital Forensics 2. Firearms, Ballistics, and Toolmarks This edition includes several significant developments in the use of forensic evidence at trial since 2007. The first is the U.S. Supreme Court case, Melendez-Diaz v. Massachusetts, which established a right under the Confrontation Clause of the U.S. Constitution to cross-examine certain forensic analysts. That case involved an analyst who certified that a substance linked to the defendant was cocaine. This right was subsequently extended to an analyst who performed a blood alcohol test. However, when the Supreme Court was asked to rule on the applicability of this rule to DNA examiners, it stated that the examiner would be required to testify only if the results of the test were "testimonial" in nature. The case has been criticized and some lower courts have subsequently refused to follow it. Another significant development was the release of a report on the scientific reliability of forensic testing in many different areas issued by the National Research Council. The Report, called Strengthening Forensic Evidence: A Path Forward, called for more scientific testing and for standardization in qualification of examiners and in laboratory conditions. The only area of forensic examination that the report viewed as scientifically reliable is DNA. Various government agencies have been established to attempt to implement some of these recommendations. Funding is obviously a huge obstacle to implementing many of the recommendations. A development in forensics itself involved the extension of newer technologies in DNA testing, including a process called "Low Copy DNA," which tests quantities previously too small to type as well as DNA test kits that can be used at crime sites. A further development is the expansion of computer hacking, computer fraud and the ubiquitous nature of computers in society. We have added a new chapter to reflect what will continue to be a contentious issue in court-- "proving location and events with digital evidence." Advances in the psychological sciences have results in courts addressing issues of eyewitness testimony. Courts are coming to realize that eyewitness identifications are not as reliable as once thought. As such, courts are struggling with how best to address these issues: through jury instructions, expert testimony, or though some other method. It has come to light that eyewitness identification issues once thought to be within the "ken" of the average juror are most certainly not, and are appropriate for some manner of court intervention. This book can be used in courses for the following degrees: paralegal, criminal justice, sociology, and political science. Forensic Evidence in Court is also appropriate for use in a legal specialty course. Assignments include case law research, study of rules of evidence, how to select and prepare an expert witness, comparison of legal tests used to admit forensic evidence, study of standards used to review admission of forensic experts on appeal, and written work demonstrating critical analysis. Any attorney can teach this course, using the Teacher's Manual and sample assignments. Adjuncts experienced in criminal law or extensive use of expert testimony are particularly well suited. Guest lecturers from state forensic laboratories and state law enforcement forensic investigators give added perspective.
Using Forensic DNA Evidence at Trial by Jane Moira Taupin Pdf
Using Forensic DNA Evidence at Trial: A Case Study Approach covers the most common DNA analysis methods used in criminal trials today, including STR techniques, mitochondrial DNA, and Y-STRs. It presents some novel techniques—including familial testing and analyzing domestic animal hair—that have been recently introduced in unique cases, each of which is outlined in detail. It also illustrates special issues related to forensic DNA evidence by using court proceedings such as trials and appeals, commissions of inquiry, and government and laboratory reviews. With forensic DNA analysis becoming increasingly important at trial, the lively and sometimes bizarre cases presented in this book have been carefully chosen to highlight specific concepts, methods, and interpretations used in DNA analysis. Sections throughout examine the nature of expertise with a special focus on the role of subjectivity in the interpretation of forensic DNA evidence, emphasizing cognitive bias and extraneous context. Using both convictions and exonerations as examples, the book also discusses the strengths and limitations of DNA evidence and testing. The book is written in an accessible manner for the non-scientific reader, such that criminal lawyers, judges, and forensic experts will all understand the nature of analysis and application of DNA evidence in a variety of court cases. Extensive references—including notable trial proceedings, cross references of cases, and specific forensic statistics—round out the book and help to provide a complete understanding of forensic DNA analysis and its current usage in the courtroom.
