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The Impact of Scientific Evidence on the Criminal Trial

The Impact of Scientific Evidence on the Criminal Trial
Author: Oriola Sallavaci
Publisher: Routledge
Total Pages: 220
Release: 2014-02-05
Genre: Law
ISBN: 1317910915

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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.


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 Evidence and the Police

Forensic Evidence and the Police
Author: Joseph L. Peterson
Publisher:
Total Pages: 278
Release: 1984
Genre: Criminal investigation
ISBN:

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Expert Evidence and Scientific Proof in Criminal Trials

Expert Evidence and Scientific Proof in Criminal Trials
Author: Paul Roberts
Publisher: Routledge
Total Pages: 558
Release: 2017-07-05
Genre: Business & Economics
ISBN: 135156739X

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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 Evidence

Forensic Evidence
Author: Terrence F. Kiely
Publisher: CRC Press
Total Pages: 360
Release: 2000-08-23
Genre: Law
ISBN: 1439834377

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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.


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.


Expert evidence in criminal proceedings in England and Wales

Expert evidence in criminal proceedings in England and Wales
Author: Great Britain: Law Commission
Publisher: The Stationery Office
Total Pages: 224
Release: 2011-03-22
Genre: Law
ISBN: 9780102971170

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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.


Expert Evidence and Scientific Proof in Criminal Trials

Expert Evidence and Scientific Proof in Criminal Trials
Author: Paul Roberts
Publisher: Routledge
Total Pages: 664
Release: 2017-07-05
Genre: Business & Economics
ISBN: 1351567403

Download Expert Evidence and Scientific Proof in Criminal Trials Book in PDF, ePub and Kindle

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.