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This critical essay examines the effects of the United States Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and its progeny on the criminal justice system at both the federal and state levels. While Daubert addressed the admissibility of scientific evidence in a civil action, the role of scientific evidence is most crucial in the criminal courts, where the testimony of an ‘expert’ in some or another scientific field frequently is the difference between conviction and acquittal. In Daubert, the Supreme Court ruled unanimously that the more liberal standards of the Federal Rules of Evidence, which are applied to both civil and criminal proceedings, supersede the more restrictive Frye rule, a common law standard adopted by the federal courts in 1923. In Daubert, the Supreme Court held that the ‘general acceptance’ condition of Frye is not a necessary precondition to the admissibility of scientific evidence under the Federal Rules. Rather, the Supreme Court proclaimed that the Federal Rules of Evidence assign to the trial judge the ‘gate-keeping’ function of determining whether an expert’s testimony rests on a reliable foundation and is relevant to the proceedings at hand. If so, then the scientific evidence is admissible and may be considered by the finder of fact, usually the jury. At issue in Daubert was the definition of ‘scientific knowledge’ within the meaning of the Federal Rules of Evidence, the possession of which is a prerequisite for the testimony of an ‘expert.’ Since its decision in Daubert, the Supreme Court has been criticized for its ‘misguided’ attempt to demarcate science from non-science, and the clarity of the philosophy of science expressed in Daubert has been called into question. Moreover, in 1999, the Supreme Court extended the scope of Daubert beyond scientific knowledge to include all ‘expert’ testimony based on ‘technical’ and ‘other specialized knowledge.’ As the Federal Rules of Evidence apply only to proceedings in the federal courts, Daubert is not binding on the state courts in most instances. Nevertheless, a number of states have followed the Supreme Court’s lead and abandoned the Frye rule in favor of the standards set forth in Daubert. In fact, over 1000 state Daubert cases have been reported since the original Daubert decision. This essay appraises the effects of Daubert and its progeny on cases decided in the criminal courts and the attendant implications for the future of the criminal justice system. In so doing, the author hopes to determine whether the adoption of the new Daubert standards advances the administration of justice by anticipating the continuing efflorescence of scientific and technical skill in our society and the need for judicial flexibility in justly integrating the fruits thereof into the courtroom, or instead empowers the judge to wrap a pseudoscientific noose around the defendant’s neck, the conclusion toward which the author is more inclined.
The New York Matrimonial Trial Handbook, by Joel R. Brandes, of the New York Bar, was written for both the attorney who has never tried a matrimonial action and for the experienced litigator. It is not a treatise. It is a how to book for lawyers. This handbook is a companion work to his treatise, Law and the Family New York, 2d (Thomson Reuters Westlaw), which contains extensive coverage of the substantive and procedural law related to matrimonial actions and family court proceedings. The New York Matrimonial Trial Handbook focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. The book deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination of witnesses at trial to establish each cause of action and requests for ancillary relief, as well as for the cross-examination of difficult witnesses.
The polygraph, often portrayed as a magic mind-reading machine, is still controversial among experts, who continue heated debates about its validity as a lie-detecting device. As the nation takes a fresh look at ways to enhance its security, can the polygraph be considered a useful tool? The Polygraph and Lie Detection puts the polygraph itself to the test, reviewing and analyzing data about its use in criminal investigation, employment screening, and counter-intelligence. The book looks at: The theory of how the polygraph works and evidence about how deceptivenessâ€"and other psychological conditionsâ€"affect the physiological responses that the polygraph measures. Empirical evidence on the performance of the polygraph and the success of subjects' countermeasures. The actual use of the polygraph in the arena of national security, including its role in deterring threats to security. The book addresses the difficulties of measuring polygraph accuracy, the usefulness of the technique for aiding interrogation and for deterrence, and includes potential alternativesâ€"such as voice-stress analysis and brain measurement techniques.
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.
Military Rules of Evidence Manual, Fourth Edition is the only publication of its kind available to both military & civilian attorneys that analyzes what the Rules say & mean to judges & counsel in the military justice system. It also serves as an authoritative case finder. Since the Rules became effective in 1980, this book has been cited hundreds of times by the military courts. This Fourth Edition provides notes to virtually every military case that has interpreted or applied the Rules.
How to (1) persuasively open with the weaknesses you will expose in the government’s case, and (2) demonstrate those weaknesses through your cross-examinations. Themes, angles of attack, pattern Q&A, and technique tips for cross-examining arresting officers, detectives, toxicologists, medical examiners, eyewitnesses, informants, and accomplices.