Download or read book State of The Art Defense and Judicial Assessment of Scientific Evidence written by Pablo Salvador-Coderch and published by . This book was released on 2009 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: In deciding whether the state-of-the-art defense applies to a products liability claim, courts must preliminarily assess whether the expert witnesses chosen by each party or appointed by the court itself have presented good scientific evidence or not.Are there general or specific (meta)scientific standards to reasonably ground this assessment? In other terms, what does good science mean in the field of products liability and torts?The inherited wisdom was enshrined in Frye v. United States, 293 F. 1013.C.Cir. 1923, a case decided in 1923, which resorted to the so-called general acceptance rule. Fifteen years ago, a fruitful discussion was launched by the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. 509 U.S. 579 (1993) and it still goes on. The reasons and answers offered along this discussion are rich and worth reading: publications in peer reviewed periodicals, tough testing of empirical hypotheses, admitting risky or even daring hypotheses but requiring them to be empirically tested, and rejecting non falsifiable theses seem to be, at least so far, workable but not binding guidelines for this task. Nevertheless, the demarcation boundaries between good science and junk science are still muddled because what they actually entail is an unended quest, as Karl Popper famously wrote.
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 Identifying the Culprit written by National Research Council and published by National Academies Press. This book was released on 2015-01-16 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifying the Culprit: Assessing Eyewitness Identification makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda.
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 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 Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cadaver King and the Country Dentist written by Radley Balko and published by PublicAffairs. This book was released on 2018-02-27 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: A shocking and deeply reported account of the persistent plague of institutional racism and junk forensic science in our criminal justice system, and its devastating effect on innocent lives After two three-year-old girls were raped and murdered in rural Mississippi, law enforcement pursued and convicted two innocent men: Kennedy Brewer and Levon Brooks. Together they spent a combined thirty years in prison before finally being exonerated in 2008. Meanwhile, the real killer remained free. The Cadaver King and the Country Dentist recounts the story of how the criminal justice system allowed this to happen, and of how two men, Dr. Steven Hayne and Dr. Michael West, built successful careers on the back of that structure. For nearly two decades, Hayne, a medical examiner, performed the vast majority of Mississippi's autopsies, while his friend Dr. West, a local dentist, pitched himself as a forensic jack-of-all-trades. Together they became the go-to experts for prosecutors and helped put countless Mississippians in prison. But then some of those convictions began to fall apart. Here, Radley Balko and Tucker Carrington tell the haunting story of how the courts and Mississippi's death investigation system -- a relic of the Jim Crow era -- failed to deliver justice for its citizens. The authors argue that bad forensics, structural racism, and institutional failures are at fault, raising sobering questions about our ability and willingness to address these crucial issues.
Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Download or read book The Wagstaffe Group Practice Guide written by James M. Wagstaffe and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Review of the Draft Fourth National Climate Assessment written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2018-06-18 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change poses many challenges that affect society and the natural world. With these challenges, however, come opportunities to respond. By taking steps to adapt to and mitigate climate change, the risks to society and the impacts of continued climate change can be lessened. The National Climate Assessment, coordinated by the U.S. Global Change Research Program, is a mandated report intended to inform response decisions. Required to be developed every four years, these reports provide the most comprehensive and up-to-date evaluation of climate change impacts available for the United States, making them a unique and important climate change document. The draft Fourth National Climate Assessment (NCA4) report reviewed here addresses a wide range of topics of high importance to the United States and society more broadly, extending from human health and community well-being, to the built environment, to businesses and economies, to ecosystems and natural resources. This report evaluates the draft NCA4 to determine if it meets the requirements of the federal mandate, whether it provides accurate information grounded in the scientific literature, and whether it effectively communicates climate science, impacts, and responses for general audiences including the public, decision makers, and other stakeholders.
Download or read book Report of the National Reading Panel written by National Reading Panel (U.S.) and published by . This book was released on 2000 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Social Science Research written by Anol Bhattacherjee and published by CreateSpace. This book was released on 2012-04-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to introduce doctoral and graduate students to the process of conducting scientific research in the social sciences, business, education, public health, and related disciplines. It is a one-stop, comprehensive, and compact source for foundational concepts in behavioral research, and can serve as a stand-alone text or as a supplement to research readings in any doctoral seminar or research methods class. This book is currently used as a research text at universities on six continents and will shortly be available in nine different languages.
Download or read book Strengthening Data Science Methods for Department of Defense Personnel and Readiness Missions written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-03-06 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Office of the Under Secretary of Defense (Personnel & Readiness), referred to throughout this report as P&R, is responsible for the total force management of all Department of Defense (DoD) components including the recruitment, readiness, and retention of personnel. Its work and policies are supported by a number of organizations both within DoD, including the Defense Manpower Data Center (DMDC), and externally, including the federally funded research and development centers (FFRDCs) that work for DoD. P&R must be able to answer questions for the Secretary of Defense such as how to recruit people with an aptitude for and interest in various specialties and along particular career tracks and how to assess on an ongoing basis service members' career satisfaction and their ability to meet new challenges. P&R must also address larger-scale questions, such as how the current realignment of forces to the Asia-Pacific area and other regions will affect recruitment, readiness, and retention. While DoD makes use of large-scale data and mathematical analysis in intelligence, surveillance, reconnaissance, and elsewhereâ€"exploiting techniques such as complex network analysis, machine learning, streaming social media analysis, and anomaly detectionâ€"these skills and capabilities have not been applied as well to the personnel and readiness enterprise. Strengthening Data Science Methods for Department of Defense Personnel and Readiness Missions offers and roadmap and implementation plan for the integration of data analysis in support of decisions within the purview of P&R.
Download or read book LEAA Newsletter written by United States. Law Enforcement Assistance Administration and published by . This book was released on 1978 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Toxicity Testing in the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2007-10-05 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advances in molecular biology and toxicology are paving the way for major improvements in the evaluation of the hazards posed by the large number of chemicals found at low levels in the environment. The National Research Council was asked by the U.S. Environmental Protection Agency to review the state of the science and create a far-reaching vision for the future of toxicity testing. The book finds that developing, improving, and validating new laboratory tools based on recent scientific advances could significantly improve our ability to understand the hazards and risks posed by chemicals. This new knowledge would lead to much more informed environmental regulations and dramatically reduce the need for animal testing because the new tests would be based on human cells and cell components. Substantial scientific efforts and resources will be required to leverage these new technologies to realize the vision, but the result will be a more efficient, informative and less costly system for assessing the hazards posed by industrial chemicals and pesticides.
Download or read book ABA Standards for Criminal Justice written by American Bar Association. Criminal Justice Standards Committee and published by American Bar Association. This book was released on 2007 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Although the Standards in this volume are considered part of the set of Third Edition ABA Criminal Justice Standards, the earlier editions did not include standards on DNA evidence. Therefore, the Standards included here are the first ABA Criminal Justice Standards on DNA Evidence."--Page iii.
Download or read book Forensic Evidence written by Terrence F. Kiely and published by CRC Press. This book was released on 2000-08-23 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
