FORENSIC EVIDENCE: SCIENCE AND THE CRIMINAL LAW ppt

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[...]... Internet A Dialog/Westlaw Searching ©2001 CRC Press LLC B Forensic Science and Related Web Sites 1 Forensic Sciences 2 Law- Related Sites 3 Medicine-Related Sites 4 Science Sites Table of Cases ©2001 CRC Press LLC 1 Science, Forensic Science, and Evidence A discarded theory remains a theory There are good theories and bad theoriestheories currently regarded as true by everyone and theories that no one... of the relationship between the worlds of law and the forensic sciences The judicial debate over setting usable reliability standards to assess the admissibility of science- generated fact has not been ©2001 CRC Press LLC driven by criminal cases Corporations with serious money at stake have set the terms of the inquiry over the past decade, with the decision in Kumho Tire being the latest word on the. .. of the forensic sciences This is not a comfortable fit when seeking to challenge the very foundations of a forensic discipline in daily use for decades What is of equal, if not more important, significance is the uses made of the various forensic sciences by prosecutors and the powerful fact inferences that are offered to juries as a result of them Chapter 2, Science and the Criminal Law, discusses these... acceptable to the law The general acceptability rule was thus born and continued to be the rule for the next 70 years, until the decision by the U.S Supreme Court in the famous case of Daubert v Merrell Dow Pharmaceuticals,24 in 1993 It is of great interest to note that the period of 1923 to 1993 saw the gradual development of and eventual explosion of product liability law in the 1960s and 1970s The major... include: —Whether a theory or technique can be (and has been) tested; —Whether it has been subjected to peer review and publication; —Whether, in respect to a particular technique, there is a high known or potential rate of error and whether there are standards controlling the technique’s operation; —Whether the theory or technique enjoys general acceptance within a relevant scientific community.54 The Court,... science or the nature of the validity of modes of scientific inquiry has been part and parcel of our legal life since the start of our national life, beginning in and primarily residing in cases brought up in the nation’s patent system In examining the U.S background to the current preoccupation of legal scholars and courts in respect to the meaning and application of the term science in civil and criminal. .. the upcoming century This introductory chapter will briefly address the key components in the developing legal doctrine that attempt to provide answers to such questions, the precise issues involved ,and the considerable differences that exist between civil and criminal cases regarding the extensive use of science, particularly forensic science, in modern U.S trials IV SCIENCE AND THE SUPREME COURT The. .. throughout the book as discussions are presented of a wide variety of cases involving forensic evidence RESEARCH NOTE The Journal of Forensic Sciences is the official publication of the American Academy of Forensic Sciences By visiting the Academy’s Web site at http://www.aafs.org and clicking on the “Journal of Forensic Sciences” link, one can get to a searchable index of the journal from 1981 to the present... number today The plot elements, involving forensic science, mixed identities, and murder are chillingly close to the 21st-century world of forensic science we will soon experience In a recent editorial in the British forensic science journal Science and Justice, entitled “Where Will All the Forensic Scientists Go?,” 1 Professor Brian Caddy ponders the possibility of police authorities having forensic scientists... Chapter 11 Forensic Anthropology and Entomology I Anthropology II Forensic Anthropology Cases III Entomology: Cases Endnotes Chapter 12 Epilogue Appendix I II A Primer on Researching Forensic Science to Get to Forensic Evidence Forensics and Crime Scene Bibliography and Research Sources A Overview and History B Standard Forensic Science Texts C Recommended Periodicals Forensic Information on the Internet . Evidence VI .Forensic Science, Probability, and the Law VII .Forensic Science, Forensic Evidence, and the Modern Crime Scene VIII .Forensic Science and the Criminal Law: A. 1, Science, Forensic Science, and Evidence, Chapter 2, Science and the Criminal Law, and Chapter 12, Epilogue, address the legal profile of a specific forensic

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  • EEn

  • FORENSIC EVIDENCE: SCIENCE AND THE CRIMINAL LAW

    • Preface

    • Acknowledgment

    • Dedication

    • Table of Contents

      • Chapter 1: Science, Forensic Science, and Evidence

        • I. SCIENCE AND THE LEGAL PROCESS

        • II. LITIGATION AS HISTORY

        • III. LAW AND SCIENCE

        • IV. SCIENCE AND THE SUPREME COURT

          • A. SUPREME COURT CASES

            • 1. Frye v. United States

            • 2. Daubert v. Merrell Dow Pharmaceuticals

            • 3. General Electric v. Joiner

            • 4. Kumho Tire v. Carmichael

            • B. SCIENCE ADVISORY BOARDS

            • V. CONCLUSION

            • RESEARCH NOTE

            • ENDNOTES

            • Chapter 2: Science and the Criminal Law

              • I. INTRODUCTION

              • II. SCIENCE AND THE CRIMINAL LAW: OVERVIEW

              • III. FORENSIC SCIENCE AND LEGAL HISTORY

              • IV. FORENSIC SCIENCE AND CIRCUMSTANTIAL EVIDENCE

                • A. 18TH AND 19TH CENTURY CASE ANALYSES

                • V. FORENSIC SCIENCE AND FORENSIC EVIDENCE

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