Forensic Evidence in Court


Book Description

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.




Introduction to Criminal Investigation


Book Description

The manner in which criminal investigators are trained is neither uniform nor consistent, ranging from sophisticated training protocols in some departments to on-the-job experience alongside senior investigators in others. Ideal for students taking a first course in the subject as well as professionals in need of a refresher, Introduction to Criminal Investigation uses an accessible format to convey concepts in practical, concrete terms. Topics discussed include: The history of criminal investigation in Western society Qualifications for becoming an investigator, the selection process, and ideal training requirements Crime scene search techniques, including planning and post-search debriefing Preparing effective field notes and investigative reports Interviewing and interrogating Types of evidence found at the crime scene and how to collect, package, and preserve it The contributions of forensic science to criminal investigations and the equipment used in crime labs Investigative protocol for a range of crimes, including property crimes, auto theft, arson, financial crimes, homicide, assault, sex crimes, and robbery Specialized investigations, including drug trafficking, cybercrime, and gang-related crime Legal issues involved in criminal investigations and preparing a case for trial Bringing together contributions from law enforcement personnel, academics, and attorneys, the book combines practical and theoretical elements to provide a comprehensive examination of today‘s criminal investigative process. The accessible manner in which the information is conveyed makes this an ideal text for a wide-ranging audience.




Indiana Trial Evidence Manual


Book Description




Evidence


Book Description

A flexible and engaging casebook, Evidence: Cases, Commentary, and Problems focuses on core concepts and central controversies in evidence law, presented through tightly edited cases, stimulating commentary from a wide range of perspectives, and carefully crafted problems. The Fifth Edition, while as streamlined and teachable as its predecessors, includes excerpts from more than fifty new cases and twenty new articles, fresh problems and enhanced editorial material, and three entirely new sections: one on machine-generated proof, one on digital forensics, and one on authenticating electronic evidence. There is new, up-to-date material on sexual assault cases, DNA evidence, social science evidence, privileges, judicial notice, hearsay, confrontation, “other crimes” evidence, and other key topics. New to the Fifth Edition: New sections on machine-generated proof, digital forensics, and authenticating electronic evidence New materials on confrontation and hearsay, character evidence in sexual assault and child molestation cases, DNA evidence, social science evidence, “other crimes” evidence, and other key topics Excerpts from more than 50 new cases and 20 new articles New problems and editorial material throughout Professors and students will benefit from: Flexible structure that allows the book to be taught cover-to-cover in a four-unit, one-semester class, but also can be abridged or rearranged to suit course length and instructor’s preferences. Comprehensive coverage with a wide range of perspectives. Text that is written with clarity and concision and includes well-selected and tightly edited cases. A balanced mix of cases, commentary, and problems covering relevance, hearsay, character evidence, impeachment, privilege, expert testimony, and authentication. Well-written introductory materials that identify key issues, important distinctions, and common sources of confusion.




The Evaluation of Forensic DNA Evidence


Book Description

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.




Understanding Criminal Evidence


Book Description

Understanding Criminal Evidence is a carefully designed undergraduate text featuring a case-method approach and focused solely on criminal evidence. Learning the rules from case analysis allows students to apply the material to real world situations, fostering an understanding of the Rules of Evidence. Solid pedagogy makes the material more accessible than a traditional law school casebook text and features end-of-chapter review questions and key terms. Each chapter has a major introductory case that highlights the evidentiary issues. Several sub-cases in chap every chapter illustrate the ramifications of the rules. Trial transcripts and real world problems help students apply the rules to real situations they may face in practice. Features: Case-method approach to criminal evidence Case analysis methodology students apply the rules to the real world and to real life Features a traditional approach material designed specifically for undergraduates focused solely on criminal evidence Sound pedagogy end-of-chapter review questions key terms material more accessible than a traditional law school casebooks Cases in each chapter one major introductory case highlighting evidentiary issues several sub-cases illustrating ramifications of the rules Trial transcripts and real world problems help students apply the rules




Common Sense Rules of Advocacy for Lawyers


Book Description

"Reading this book would profit any advocate of any experience level. Judicious application of the advice contained in the book will make anyone a better advocate."-- Bob Dekle, Legal Skills Professor, University of Florida, and retired assistant state attorney.




United States Attorneys' Manual


Book Description




Hard Evidence


Book Description

An essential supplement to a forensic anthropology text, this reader provides case studies that demonstrate innovative approaches and practical experiences in the field. The book provides both introductory and advanced students with a strong sense of the cases that forensic anthropologists become involved, along with their professional and ethical responsibilities, the scientific rigor required, and the multidisciplinary nature of the science. For courses in Forensic Anthropology and Forensic Science.