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Author: David L. Faigman
Publisher: Macmillan
ISBN: 9780805072747
Category : History
Languages : en
Pages : 440
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Book Description
"In recent decades, the Court has been confronted more and more by such questions of fact. Today's Court faces a range of issues - affirmative action, gay marriage, the right to die, privacy in a high-tech society, and the place of the word "God" in the Pledge of Allegiance - that all rest to some degree on science. As has been the case over the past two hundred years, many of these battles will come down to the scientific sensibilities of individual justices. To ensure our liberties in posttechnological America, Faigman argues, the Court must embrace science rather than resist it, turning to the lab as well as to precedent."--BOOK JACKET.
Author: David L. Faigman
Publisher: Macmillan
ISBN: 1429923393
Category : Political Science
Languages : en
Pages : 653
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Book Description
From the American Revolution to the genetic revolution, to race and abortion rights, legal expert David L. Faigman’s Laboratory of Justice examines the U.S. Supreme Court’s uneasy attempts to weave science into the Constitution. Suppose that scientists identify a gene that predicts that a person is likely to commit a serious crime. Laws are then passed making genetic tests mandatory, and anyone displaying the gene is sent to a treatment facility. Would the laws be constitutional? In this illuminating history, Laboratory of Justice: The Supreme Court’s 200-Year Struggle to Integrate Science and the Law, legal scholar David L. Faigman reveals the tension between the conservative nature of the law and the swift evolution of scientific knowledge. The Supreme Court works by precedent, embedding the science of an earlier time into our laws. In the nineteenth century, biology helped settle the “race question” in the famous Dred Scott case; not until a century later would cutting-edge sociological data end segregation with Brown v. Board of Education. In 1973, Roe v. Wade set a standard for the viability of a fetus that modern medicine could render obsolete. And how does the Fourth Amendment apply in a world filled with high-tech surveillance devices? To ensure our liberties, Faigman argues, the Court must embrace science, turning to the lab as well as to precedent. “Faigman takes the Supreme Court to task for persistently failing to inquire into the merits of the scientific evidence in the cases before it.”—Daniel J. Kevles, Legal Affairs “Faigman is one attorney who hasn’t shied away from insisting that judges stay up to speed with scientific knowledge.”—The Christian Science Monitor
Author: Kevin J. Strom
Publisher: SAGE Publications
ISBN: 1483324400
Category : Law
Languages : en
Pages : 312
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Book Description
Uniting forensics, law, and social science in meaningful and relevant ways, Forensic Science and the Administration of Justice, by Kevin J. Strom and Matthew J. Hickman, is structured around current research on how forensic evidence is being used and how it is impacting the justice system. This unique book—written by nationally known scholars in the field—includes five sections that explore the demand for forensic services, the quality of forensic services, the utility of forensic services, post-conviction forensic issues, and the future role of forensic science in the administration of justice. The authors offer policy-relevant directions for both the criminal justice and forensic fields and demonstrate how the role of the crime laboratory in the American justice system is evolving in concert with technological advances as well as changing demands and competing pressures for laboratory resources.
Author: M. Chris Fabricant
Publisher: Akashic Books
ISBN: 1636140386
Category : True Crime
Languages : en
Pages : 349
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Book Description
Now in an expanded paperback edition, Innocence Project attorney M. Chris Fabricant presents an insider’s journey into the heart of a broken, racist system of justice and the role junk science plays in maintaining the status quo. "Fierce and absorbing . . . Fabricant chronicles the battles he and his colleagues have fought to unravel a century of fraudulent experts and the bad court decisions that allowed them to thrive." —Washington Post From CSI to Forensic Files to the celebrated reputation of the FBI crime lab, forensic scientists have long been mythologized in American popular culture as infallible crime solvers. Juries put their faith in "expert witnesses" and innocent people have been executed as a result. Innocent people are still on death row today, condemned by junk science. In 2012, the Innocence Project began searching for prisoners convicted by junk science, and three men, each convicted of capital murder, became M. Chris Fabricant's clients. Junk Science and the American Criminal Justice System chronicles the fights to overturn their wrongful convictions and to end the use of the "science" that destroyed their lives. Weaving together courtroom battles from Mississippi to Texas to New York City and beyond, Fabricant takes the reader on a journey into the heart of a broken, racist system of justice and the role forensic science plays in maintaining the status quo. At turns gripping, enraging, illuminating, and moving, Junk Science is a meticulously researched insider's perspective of the American criminal justice system. Previously untold stories of wrongful executions, corrupt prosecutors, and quackery masquerading as science animate Fabricant’s true crime narrative. The paperback edition features a brand-new index as well as an updated introduction and final chapter chronicling the Innocence Project’s continued fight against junk science in courtrooms across America.
Author: David Lazer
Publisher: MIT Press
ISBN: 9780262621861
Category : Law
Languages : en
Pages : 436
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Book Description
Examines the impact of DNA technology on issues of ethics, civil liberties, privacy, and security.
Author: David L. Faigman
Publisher: Holt Paperbacks
ISBN: 9780805078459
Category : Law
Languages : en
Pages : 432
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Book Description
"Faigman is one attorney who hasn't shied away from insisting that judges stay up to speed with scientific knowledge." -The Christian Science Monitor Suppose that scientists identify a gene sequence that predicts the likelihood that a person will commit a serious crime in the future. Laws are passed making genetic tests mandatory, and anyone displaying the genes is sent to a treatment facility. Would the laws be constitutional? In this illuminating history, legal scholar David L. Faigman wrestles with these moral and political conundrums, revealing the tension between science and the law. The Supreme Court works by precedent, while science works through constant innovation. In the nineteenth century, eugenics and phrenology helped decide the "race question" in the famous Dred Scott and Plessy v. Ferguson cases; Roe v. Wade set a standard for the viability of a fetus that, just thirty years later, could become obsolete with modern medicine. And how does the Fourth Amendment apply in a world filled with high-tech surveillance devices? To ensure our liberties, Faigman argues, the Court must embrace science rather than resist it, turning to the lab as well as to precedent.
Author: Kerstin Bree Carlson
Publisher: Brookings Institution Press
ISBN: 0815738145
Category : Political Science
Languages : en
Pages : 178
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Book Description
Examining how international criminal law has—and hasn't—brought justice following war crimes in Africa Ever since World War II, the United Nations and other international actors have created laws, treaties, and institutions to punish perpetrators of genocide, war crimes, and crimes against humanity. These efforts have established universally recognized norms and have resulted in several high-profile convictions in egregious cases. But international criminal justice now seems to be a declining force—its energy sapped by long delays in prosecutions, lagging public attention, and a globally rising authoritarianism that disregards legal niceties. This book reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action. The first three chapters examine key international mechanisms: the International Criminal Court, the International Criminal Tribunal for Rwanda, and the hybrid tribunal established in Senegal to try state crimes committed in Chad. These chapters illustrate how the design and practice of the institutions led to similarly unexpected and unsatisfying outcomes. The final two chapters examine emerging and proposed international criminal justice mechanisms. One is a tribunal intended to facilitate peace in the new but war-torn country of South Sudan, not yet operational and unlikely to perform better than its predecessors. Finally, the book considers the developing human rights practice of the little-studied East African Court, a regional commercial court in Arusha, Tanzania, to show how local judicial creativity can win a role for courts in facilitating good governance. Written in an accessible style, this book explores the connections between politics and the doctrine of international criminal law. Highlighting little-known institutional examples and under-discussed political situations, the book contributes to a broader international understanding of African politics and international criminal justice, as well as the lessons the African experiences offer for other regions.
Author: Jami J. St. Clair
Publisher: Academic Press
ISBN: 9780126640519
Category : Business & Economics
Languages : en
Pages : 312
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Book Description
Crime Laboratory Management is the first book to address the unique operational, administrative, and political issues involved in managing a forensic laboratory. It guides managers and supervisors through essential tasks ranging from hiring and training of staff to quality control, facilities management, and public relations. Author Jami St. Clair has more than 20 years experience in forensic science and served as President of the American Society of Crime Lab Directors in 1998-1999. She and her colleagues have designed this book to be useful for supervisors at every level. With its combination of classic management theories and practical information, this unique resource will help managers ensure that their laboratories operate efficiently and survive the intense scrutiny of today's criminal justice system. It will also help students and professional with an interest in forensic science and crime laboratory operation to better understand the functions of labs and the critical role they play in handling and analyzing evidence. * Shows how to handle a wide variety of administrative and operational issues in forensic laboratories * Provides new and experienced managers with practical information from qualified experts * Outlines standards and procedures to help ensure quality results from laboratory analyses
Author: David Faigman
Publisher:
ISBN: 9781422390641
Category :
Languages : en
Pages : 417
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Book Description
Because constitutional law works by precedent, the Supreme Court embeds the science of earlier times into our laws today -- sometimes in the service of facts & truth, sometimes in the service of judicial expediency. Here are examples: the 19th-cent. decision on the ¿race question¿ in the ¿Dred Scott¿ Case; Social Darwinism & biological determinism in the 1927 ¿Buck v. Bell¿ eugenics case which held that the government could sterilize individ. it determined were mentally defective; the internment of Japanese-Americans in the 1940s based on genetics; & the Court¿s decision to guarantee legal abortion in ¿Roe v. Wade¿. ¿The Court must embrace science rather than resist it, turning to the lab as well as to precedent.¿
Author: Kevin J. Strom
Publisher: SAGE Publications
ISBN: 1483354857
Category : Law
Languages : en
Pages : 312
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Book Description
Uniting forensics, law, and social science in meaningful and relevant ways, Forensic Science and the Administration of Justice is structured around current research on how forensic evidence is being used and how it is impacting the justice system. This unique book—written by nationally known scholars in the field—includes five sections that explore the demand for forensic services, the quality of forensic services, the utility of forensic services, post-conviction forensic issues, and the future role of forensic science in the administration of justice. The authors offer policy-relevant directions for both the criminal justice and forensic fields and demonstrate how the role of the crime laboratory in the American justice system is evolving in concert with technological advances as well as changing demands and competing pressures for laboratory resources.
Author:
Publisher:
ISBN:
Category : Research and development contracts, Government
Languages : en
Pages : 21
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Book Description
