Download or read book Forensic Testimony written by C. Michael Bowers and published by Academic Press. This book was released on 2013-09-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book A Guide to Forensic Testimony written by Fred Chris Smith and published by Addison-Wesley Professional. This book was released on 2003 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: A technical expert and a lawyer provide practical approaches for IT professionals who need to get up to speed on the role of an expert witness and how testimony works. Includes actual transcripts and case studies.
Download or read book Forensic Science in Court written by Wilson Wall and published by John Wiley & Sons. This book was released on 2009-10-01 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Expert Evidence and Scientific Proof in Criminal Trials written by Paul Roberts and published by Routledge. This book was released on 2017-07-05 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Strengthening Forensic Science in the United States written by National Research Council and published by National Academies Press. This book was released on 2009-07-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Art and Science of Expert Witness Testimony written by Karen Postal and published by Routledge. This book was released on 2021-09-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: • Solid research basis, drawing on findings from a 4-year research project with in-depth interviews with judges, attorneys, and seasoned forensic neuropsychologists and psychologists as well as further interviews with professionals in other fields such as engineering, physics and economics. • Provides focused attention on how experts interact with judges, attorneys, and juries • Challenges experts to avoid the traps of professional jargon and traditional manners of presenting information/knowledge/opinions. • Provides a step-by-step approach to orienting the new academic to expert witnessing
Download or read book Forensic Evidence in Court written by Craig Adam and published by John Wiley & Sons. This book was released on 2016-07-12 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Expert evidence in criminal proceedings in England and Wales written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2011-03-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Expert Witnessing and Scientific Testimony written by Kenneth S. Cohen and published by CRC Press. This book was released on 2007-07-23 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Simply put, the primary role of the expert witness is to make clear and simple a complex technical or scientific issue. In practice, there are negative and positive aspects that must be considered before committing to the role. In a major case suing for big dollar amounts witnesses can expect to have their life history spread out like a roadmap for
Download or read book The Expert Witness Forensic Science and the Criminal Justice Systems of the UK written by S. Lucina Hackman and published by CRC Press. This book was released on 2016-02-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Courtroom Testimony for Fingerprint Examiners written by Hillary Moses Daluz and published by CRC Press. This book was released on 2021-08-30 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fingerprint examiners today are expected to develop, research and defend the scientific basis of their conclusions. Recent emphasis placed on scientific rigor and transparency through documentation has created a culture shift in the field. Many examiners are baffled by the resulting cultural, procedural and scientific distinctions, often becoming overwhelmed when required to testify as an expert witness to explain such concepts in the courtroom. Courtroom Testimony for Fingerprint Examiners addresses all aspects of courtroom testimony as the first book to focus solely on testifying on fingerprint evidence as a comparative science. The book is presented in two parts. Section I addresses general expert witnessing for forensic scientists. This serves as a primer for the novice or a review for experienced witnesses covering such topics as the structure of the criminal justice system and federal rules of evidence, the role of the expert witness, testimony as teaching, presenting challenging scientific concepts to the layperson, court preparation, the three phases of expert witness testimony and landmark court decisions that have shaped the modern landscape of forensic testimony. Section II focuses on specific issues affecting fingerprint examiners and how to field questions during both direct and cross-examination. While such "hot button" topics are absent from currently available texts, this section pays particular attention to these salient, emerging topics. This includes evidentiary challenges to fingerprint evidence, relevant publications such as the PCAST report, nomenclature and standards development, issues surrounding cognitive bias and subjectivity, probability models, error rates and cases of error and how to address issues of minimum point standards in both the empirical and holistic traditions. Both Section I and Section II provide examples and present innovations applicable to latent and tenprint examiners. Features include: Presents a history of fingerprint evidence and current best practices and limits on characterizing fingerprint evidence in court, including appropriate nomenclature Provides current guidelines and recommendations for standards and the courtroom Illustrates how experts can work with attorneys so that the testimony process educates and informs jurors and judges rather than perpetuating an adversarial dynamic Addresses important issues such as cognitive bias, subjectivity, error rates, probability models and ethics As a forensic training instructor for professionals – and previously as a college professor – author Hillary Moses Daluz has spent the past ten years teaching courtroom testimony courses to forensic scientists. Courtroom Testimony for Fingerprint Examiners offers an invaluable resource to forensic scientists, latent print examiners, tenprint examiners, lab personnel in related comparative fields, attorneys, investigative professionals and students enrolled in forensic science university programs.
Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Expert Testimony written by Steven Lubet and published by Aspen Publishing. This book was released on 2014-08-06 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: It will give experts the confidence they need to be comfortable in court, and give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them, Third Edition as your guide. Elizabeth Boals and Steve Lubet coauthored the Third Edition of Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them expanding and amplifying the original book with: New guidance on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery, Updated analysis of the Federal Rules of Evidence and Federal Rules of Civil Procedure, Updated discussion of the ethical rules governing expert retention and testimony, Examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning, Checklists for quick reference. The collaborative effort of Professors Lubet and Boals has resulted in a Third Edition that is worthwhile to both the expert witnesses and the lawyers who examine them.
Download or read book Veterinary Forensics written by Ernest Rogers and published by CRC Press. This book was released on 2017-12-22 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Veterinary Forensics: Investigation, Evidence Collection, and Expert Testimony will provide anyone involved in an investigation of an animal involved crime or civil action with the knowledge and tools that can give guidance for their actions in completing a forensic investigation. All 50 U.S. states, and numerous countries around the world, have laws against animal abuse and cruelty. Law enforcement agents, veterinarians, the judiciary, attorneys and forensic scientists may be involved in cases of animal cruelty, neglect or human crimes that may have an animal element. Additionally, the animal can be the victim, suspect or in some instances the witness of a crime. Given that acquittal or conviction is dependent upon the nature and veracity of the evidence, the quality of the evidence in an animal-related crime investigation must be beyond reproach. The book begins with a discussion of animal abuse and crimes against animals, crime scene investigation, and, from there, discusses various types of forensic examinations of the animal, culminating in a review of the judicial system and testimony in a court of law. All contributing authors are practicing professionals in law, veterinary medicine, and the private sector who provide current, best-practice evidence collection and forensic techniques. Chapters provide in-depth detail about the forensic clinical examination and forensic necropsy of small and large animal species, forensic radiology, forensic toxicology, bitemark analysis and animal behavior. Various, relevant forensic disciplines such as bloodstain pattern analysis, DNA analysis, animal sexual abuse, agroterrorism, animal hoarding, ritual crimes against animals, and animal fighting are discussed. Key Features: Presents established and accepted police techniques in animal crime scene investigation including identification, documentation and packaging of physical evidence and scene photography and videography Includes essential techniques to collect and preserve biological and DNA evidence for animal DNA testing Review of the forensic clinical examination and forensic necropsy of small and large animals Provides methods of evidence presentation in the courtroom, the nature of court room testimony, and the development of an expert report Veterinary Forensics: Investigation, Evidence Collection, and Expert Testimony fills the void of applied, real-world investigative techniques for the collection and presentation of veterinary forensic medical and scientific information. It will be a welcome reference to both the student and professional in the understanding all relevant evidentiary, investigative, and legal elements of the discipline.
Download or read book Ethical Standards in Forensic Science written by Harold Franck and published by CRC Press. This book was released on 2020-02-25 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethical Standards in Forensic Science seeks to address the myriad practices in forensic science for a variety of evidence and analyses. The book looks at ethics, bias, what constitutes an expert in the field—both as a practitioner and to the court system—as well as the standards of practice as purported by the top forensic organizations. Coverage addresses evidence collection, chain of custody, real versus "junk" science, the damage questionable science can cause to a discipline and the judicial process, testing methods, report writing, and expert witness testimony in civil and criminal cases in a court of law. The authors’ background in engineering provides a unique perspective on a variety of evidence and testing methods. As such, in addition to coverage the range of evidence and topics cited in the 2009 National Academy of Sciences (NAS) Report, they address numerous challenges that have arisen specifically in forensic engineering cases—their specific area of expertise. Numerous case example are provided to illustrate the inherent danger of bias, inexact science, or expert witnesses taking dangerous and harmful liberties on the stand. Students, lawyers, and professionals in all forensic disciplines will find this a refreshing and accessible approach to elucidate the problem and offer suggestions for reform and change for the good of the entire profession.
Download or read book The Evaluation of Forensic DNA Evidence written by National Research Council and published by National Academies Press. This book was released on 1996-12-12 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Forensic Evidence in Court written by Christine Beck Lissitzyn and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.