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Forensic Evidence in Court

Forensic Evidence in Court
Author: Craig Adam
Publisher: John Wiley & Sons
Total Pages: 336
Release: 2016-07-12
Genre: Law
ISBN: 1119054435

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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.


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

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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.


Forensic Evidence in Court

Forensic Evidence in Court
Author: Christine Beck Lissitzyn
Publisher:
Total Pages: 0
Release: 2018
Genre: Evidence, Criminal
ISBN: 9781531002237

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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.


Forensic Science in Court

Forensic Science in Court
Author: Wilson Wall
Publisher: John Wiley & Sons
Total Pages: 176
Release: 2009-10-01
Genre: Law
ISBN: 9780470743331

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Forensic Science in Court: The Role of the Expert Witness is a practical handbook aimed at forensic science students, to help them prepare as an expert witness when presenting their evidence in court. Written in a clear, accessible manner, the book guides the student through the legal process and shows them how to handle evidence, write reports without ambiguity through to the more practical aspects of what to do when appearing in court. The book also offers advice on what to expect when working with lawyers in a courtroom situation. An essential text for all students taking forensic science courses who are required to take modules on how to present their evidence in court. The book is also an invaluable reference for any scientist requested to give an opinion in a legal context. · Integrates law and science in an easy to understand format · Inclusion of case studies throughout · Includes straightforward statistics essential for the forensic science student · An invaluable, practical textbook for anyone appearing as an expert witness in court · Unique in its approach aimed at forensic science students in a courtroom environment


The Evaluation of Forensic DNA Evidence

The Evaluation of Forensic DNA Evidence
Author: National Research Council
Publisher: National Academies Press
Total Pages: 271
Release: 1997-01-12
Genre: Science
ISBN: 0309121949

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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.


Interpreting Evidence

Interpreting Evidence
Author: Bernard Robertson
Publisher: John Wiley & Sons
Total Pages: 216
Release: 2016-07-28
Genre: Medical
ISBN: 1118492455

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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.


Strengthening Forensic Science in the United States

Strengthening Forensic Science in the United States
Author: National Research Council
Publisher: National Academies Press
Total Pages: 348
Release: 2009-07-29
Genre: Law
ISBN: 0309142393

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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.


Forensic Testimony

Forensic Testimony
Author: C. Michael Bowers
Publisher: Academic Press
Total Pages: 297
Release: 2013-09-07
Genre: Law
ISBN: 0123972604

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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


Forensic Evidence

Forensic Evidence
Author: Terrence F. Kiely
Publisher: CRC Press
Total Pages: 534
Release: 2005-11-29
Genre: Law
ISBN: 1420038060

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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.


The Social Life of Forensic Evidence

The Social Life of Forensic Evidence
Author: Corinna Kruse
Publisher: University of California Press
Total Pages: 204
Release: 2015-12-29
Genre: Social Science
ISBN: 0520288394

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In The Social Life of Forensic Evidence, Corinna Kruse provides a major contribution to understanding forensic evidence and its role in the criminal justice system. Arguing that forensic evidence can be understood as a form of knowledge, she reveals that each piece of evidence has a social life and biography. Kruse shows how the crime scene examination is as crucial to the creation of forensic evidence as laboratory analyses, the plaintiff, witness, and suspect statements elicited by police investigators, and the interpretations that prosecutors and defense lawyers bring to the evidence. Drawing on ethnographic data from Sweden and on theory from both anthropology and science and technology studies, she examines how forensic evidence is produced and how it creates social relationships as cases move from crime scene to courtroom. She demonstrates that forensic evidence is neither a fixed entity nor solely material, but is inseparably part of and made through particular legal, social, and technological practices.