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Author : Andre A. Moenssens,Ray Edward Moses,Fred Edward Inbau
Publisher : Unknown
Page : 664 pages
File Size : 42,7 Mb
Release : 1973
Category : Criminal investigation
ISBN : STANFORD:36105044365885
Author : Andre A. Moenssens,Carol E. Henderson,Sharon Gross Portwood
Publisher : Foundation Press
Page : 0 pages
File Size : 43,9 Mb
Release : 2007
Category : Criminal investigation
ISBN : 1599411547
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.
Author : Andre A. Moenssens,Fred Edward Inbau,James E. Starrs
Publisher : Unknown
Page : 876 pages
File Size : 55,6 Mb
Release : 1986
Category : Law
ISBN : UCAL:B4964989
Author : Oriola Sallavaci
Publisher : Routledge
Page : 220 pages
File Size : 53,8 Mb
Release : 2014-02-05
Category : Law
ISBN : 9781317910916
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.
Author : National Research Council,Division on Engineering and Physical Sciences,Committee on Applied and Theoretical Statistics,Policy and Global Affairs,Committee on Science, Technology, and Law,Committee on Identifying the Needs of the Forensic Sciences Community
Publisher : National Academies Press
Page : 348 pages
File Size : 47,6 Mb
Release : 2009-07-29
Category : Law
ISBN : 9780309142397
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,Division on Earth and Life Studies,Commission on Life Sciences,Committee on DNA Forensic Science: An Update
Publisher : National Academies Press
Page : 271 pages
File Size : 51,6 Mb
Release : 1997-01-12
Category : Science
ISBN : 9780309121941
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 : National Research Council,Division on Earth and Life Studies,Commission on Life Sciences,Committee on DNA Technology in Forensic Science
Publisher : National Academies Press
Page : 199 pages
File Size : 45,7 Mb
Release : 1992-02-01
Category : Science
ISBN : 9780309045872
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.
Author : Paul Roberts
Publisher : Routledge
Page : 558 pages
File Size : 50,7 Mb
Release : 2017-07-05
Category : Business & Economics
ISBN : 9781351567398
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.
Author : Terrence F. Kiely
Publisher : CRC Press
Page : 534 pages
File Size : 41,6 Mb
Release : 2005-11-29
Category : Law
ISBN : 9781420038064
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 : Anonim
Publisher : Continuing Education of the Bar-California
Page : 574 pages
File Size : 42,5 Mb
Release : 2008
Category : Evidence, Criminal
ISBN : STANFORD:36105064266344
Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 224 pages
File Size : 43,8 Mb
Release : 2011-03-22
Category : Law
ISBN : 010297117X
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.
Author : Jane Moira Taupin
Publisher : CRC Press
Page : 192 pages
File Size : 45,9 Mb
Release : 2017-07-27
Category : Law
ISBN : 9781439899106
The use of DNA profiling in forensic cases has been considered the most innovative technique in forensic science since fingerprinting, yet for those with limited scientific knowledge, understanding DNA enough to utilize it properly can be a daunting task. Introduction to Forensic DNA Evidence for Criminal Justice Professionals is designed for nonsc
Author : Kelly Pyrek
Publisher : Elsevier
Page : 568 pages
File Size : 48,9 Mb
Release : 2010-07-27
Category : Law
ISBN : 0080471072
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
Author : C. Michael Bowers
Publisher : Academic Press
Page : 296 pages
File Size : 40,6 Mb
Release : 2013-09-07
Category : Law
ISBN : 9780123972606
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 : Donald E. Shelton
Publisher : Criminal Justice: Recent Schol
Page : 0 pages
File Size : 40,6 Mb
Release : 2012
Category : Law
ISBN : 1593325177
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.