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The Impact Of Scientific Evidence On The Criminal Trial

Author: Oriola Sallavaci
Publisher: Routledge
ISBN: 1317910915
Size: 21.68 MB
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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.

Introduction To Forensic Dna Evidence For Criminal Justice Professionals

Author: Jane Moira Taupin
Publisher: CRC Press
ISBN: 1439899096
Size: 11.53 MB
Format: PDF
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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 nonscientific readers who need to learn how to effectively use forensic DNA in criminal cases. Written by a forensic scientist world renowned for her expertise in clothing examination, the book provides a balanced perspective on the weight of DNA evidence. Going beyond a simple explanation of the methodology, it arms attorneys and other criminal justice professionals with knowledge of the strengths and limitations of the evidence, including the danger in relying on DNA statistical probabilities in the determination of guilt. The book covers the most common DNA methods used in criminal trials today—nuclear DNA short tandem repeat (STR) techniques, mitochondrial DNA, and Y-STR profiling. It helps prosecutors know when to emphasize DNA evidence or proceed with trial in the absence of such evidence. It assists defense lawyers in knowing when to challenge DNA evidence and perhaps employ an independent expert, when to focus elsewhere, or when to secure the advantage of an early guilty plea. By imparting practical and theoretical knowledge in an accessible manner, the book demystifies the topic to help both sides of the adversarial system understand where DNA evidence fits within the context of the case.

Dna Technology In Forensic Science

Author: Committee on DNA Technology in Forensic Science
Publisher: National Academies Press
ISBN: 0309045878
Size: 13.59 MB
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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 addreses 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.

Forensic Science Under Siege

Author: Kelly Pyrek
Publisher: Elsevier
ISBN: 9780080471075
Size: 17.40 MB
Format: PDF, Kindle
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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

Using Forensic Dna Evidence At Trial

Author: Jane Moira Taupin
Publisher: CRC Press
ISBN: 1482255820
Size: 76.18 MB
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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.

The Evaluation Of Forensic Dna Evidence

Author: Committee on DNA Forensic Science: An Update
Publisher: National Academies Press
ISBN: 0309121949
Size: 35.59 MB
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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 tool--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 geneticists--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.

Controversies In Innocence Cases In America

Author: Ms Sarah Lucy Cooper
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409463540
Size: 54.29 MB
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This volume brings together leading experts on the investigation, litigation and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors consider the challenges faced by the exoneration movement, causes of wrongful convictions, problems associated with investigating, proving, and defining ‘innocence’, and theories of reform. These issues are investigated from a multi-disciplinary perspective and with the aim of improving the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.

Criminal Justice In America

Author: George F. Cole
Publisher: Cengage Learning
ISBN: 1337514888
Size: 77.72 MB
Format: PDF, Kindle
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This concise introductory criminal justice text uses an interdisciplinary approach to introduce students to the field's foundations and individual components, as well as to many contemporary controversies in the justice system. Through the use of current issues, such as the Black Lives Matter movement, efforts to reform sentencing and reduce prison populations, and the impact of new technologies, this book highlights societal developments that pose new challenges for criminal justice professionals. Created as an alternative to more encyclopedic introductory texts, this reader-friendly bestseller incorporates ideas, themes, and theories from criminology, sociology, law, history, psychology, and political science. CRIMINAL JUSTICE IN AMERICA, Ninth Edition, teaches students to become better citizens by helping them think critically about what justice means in our society and how individuals can play a role in defining that meaning. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Forensic Science Under Siege

Author: Kelly Pyrek
Publisher: Elsevier
ISBN: 9780080471075
Size: 10.97 MB
Format: PDF, ePub
View: 4703
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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

Scientific Evidence In Civil And Criminal Cases

Author: Andre Moenssens
Publisher: Foundation Press
ISBN: 9781634607148
Size: 39.29 MB
Format: PDF, Kindle
View: 2436
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This text is the seventh edition of an authoritative work that has defined and shaped the legal analysis of scientific evidence for four decades. A single source and definitive reference for law students, scholars, practicing attorneys, and judges, it covers the critical topics in the law and the scientific disciplines most frequently encountered in the courtroom. It explains established capabilities and existing limitations of forensic science methodologies, as well as controversial and emerging issues in both the forensic science community and the legal system. For each discipline, the standards and qualifications of experts are presented along with evidentiary issues and admissibility challenges. This practical resource begins with an overview of admissibility standards for scientific evidence and expert testimony and considerations for selecting and working with experts. It covers the legal principles relevant to demonstrative exhibits used by expert witnesses in connection with scientific evidence. Drawing upon extensive case references and current research articles, the book includes such topics and disciplines as fingerprint evidence, firearm and toolmark evidence, forensic document examination, fire scene and explosives investigation, trace evidence, vehicle investigations, digital forensics, forensic anthropology, forensic odontology, forensic pathology, forensic toxicology, forensic biology and DNA analysis, controlled substances analysis, and forensic psychiatry and psychology.