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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.
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.
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.
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.
Introduction to Forensic Science: The Science of Criminalistics is a textbook that takes a unique and holistic approach to forensic science. This book focuses on exploring the underlying scientific concepts as presented at the introductory college and senior high school levels. Chapters introduce readers to each of the important areas of forensic science, grouping chapters together by discipline and following a logical progression and flow between chapters. This systematically allows students to understand the fundamental scientific concepts, recognize their various applications to the law and investigations, and discern how each topic fits broadly within the context of forensic science. The writing is accessible throughout, maintaining students’ interest – including both science and non-science majors – while inspiring them to learn more about the field. Concepts are demonstrated with numerous case studies and full-color illustrations that serve to emphasize the important ideas and issues related to a particular topic. This approach underscores scientific understanding, allowing the student to go beyond simple rote learning to develop deeper insights into the field, regardless of their scientific background. This book has been extensively classroom-tested to provide the most comprehensive and up-to-date survey of various forensic disciplines and the current state of the science, policies, and best practices. Key features: Presents a wholly new, fresh approach to addressing a broad survey of techniques and evidentiary analyses in the field of forensic science. All concepts – and the underpinnings of forensic practice – are explained in simple terms, using understandable analogies and illustrations to further clarify concepts. Introduces topics that other introductory texts fail to address, including serology, behavioral science, forensic medicine and anthropology, forensic ecology, palynology, zoology, video analysis, AI/computer forensics, and forensic engineering. Highly illustrated with over 1,000 full-color photographs, drawings, and diagrams to further highlight key concepts. Suitable for both high school senior-level instruction and two- and four-year university courses for majors, non-majors, and criminal justice students enrolled in introductory forensic science classes. Support Materials – including an Instructor’s Manual with test bank and chapter PowerPoint lecture slides – are available to professors with qualified course adoption.
Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.