Author: C. Michael Bowers
Publisher: Academic Press
ISBN: 0123972604
Category : Law
Languages : en
Pages : 297
Get Book Here
Book Description
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
Author: Wilson Wall
Publisher: John Wiley & Sons
ISBN: 9780470743331
Category : Law
Languages : en
Pages : 176
Get Book Here
Book Description
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
Author: Paul Roberts
Publisher: Edward Elgar Publishing
ISBN: 1788111036
Category : Law
Languages : en
Pages : 454
Get Book Here
Book Description
Forensic science evidence plays a pivotal role in modern criminal proceedings. Yet such evidence poses intense practical and theoretical challenges. It can be unreliable or misleading and has been associated with miscarriages of justice. In this original and insightful book, a global team of prominent scholars and practitioners explore the contemporary challenges of forensic science evidence and expert witness testimony from a variety of theoretical, practical and jurisdictional perspectives. Chapters encompass the institutional organisation of forensic science, its procedural regulation, evaluation and reform, and brim with comparative insight.
Author: Fred Chris Smith
Publisher: Addison-Wesley Professional
ISBN: 9780201752793
Category : Computers
Languages : en
Pages : 560
Get Book Here
Book Description
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.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309142393
Category : Law
Languages : en
Pages : 348
Get Book Here
Book Description
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.
Author: Karen Postal
Publisher: Routledge
ISBN: 1000430715
Category : Psychology
Languages : en
Pages : 228
Get Book Here
Book Description
• 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
Author: Paul Roberts
Publisher: Routledge
ISBN: 135156739X
Category : Business & Economics
Languages : en
Pages : 398
Get Book Here
Book Description
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.
Author: Harold Franck
Publisher: CRC Press
ISBN: 135102244X
Category : Law
Languages : en
Pages : 87
Get Book Here
Book Description
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.
Author: Hillary Moses Daluz
Publisher: CRC Press
ISBN: 100042233X
Category : Political Science
Languages : en
Pages : 240
Get Book Here
Book Description
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.
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780102971170
Category : Business & Economics
Languages : en
Pages : 224
Get Book Here
Book Description
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.
