Forensic Evidence: Science and the Criminal Law, Second Edition, 2nd Edition (Hardback) book cover

Forensic Evidence

Science and the Criminal Law, Second Edition, 2nd Edition

By Terrence F. Kiely

CRC Press

536 pages

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Description

One of the greatest challenges encountered by those in the forensic sciences is anticipating what the state and federal courts will – or will not – allow as valid physical evidence. With this in mind, the author of Forensic Evidence: Science and the Criminal Law, Second Edition analyzes and explains the judicial system’s response to the applicability of forensic science in the investigation, prosecution, and defense of criminal activity.

Each chapter of this comprehensive yet accessible resource provides an overview and analysis of the scientific and legal aspects of a particular forensic discipline. An important new feature of this second edition is that each chapter focuses on discussions of recent forensics literature reviews from Interpol’s 14th Annual Forensic Science Symposium. This latest edition also updates previously discussed cases and presents the most recent applications of the Frye and Daubert standards, the admissibility of eyewitness identification, the upsurge of cases and statutes that involve post-conviction DNA, and the increased interest in re-examining cold cases.

As challenges to forensic evidence become increasingly rigorous, so does the need for intense  preparation. Forensic Evidence: Science and the Criminal Law, Second Edition is the book that those in the forensic sciences need to have on hand to successfully prepare for what may await them in the courtroom.

Reviews

This is an excellent book for American Law students with a strong interest in the interface between the criminal justice system and forensic scientific evidence…as up to date as it can be…Professor Kelly has succeeded in penning a cautionary tale for those tempted to enter the field of Forensic Science or graduates seeking to enter the police service or work as scenes of crime specialists.”

—David Harwood, Physical Sciences Educational Reviews, Vol. 7, No. 1, 2006

“This [book] is a relevant compendium of significant historical and contemporary case law concerning applied forensic science… For the…attorney…or forensic scientist, [it] is a good case law primer on forensic science. It is applicable to both scientific and evidentiary issues.”

--Gil I. Sapir, J.D., MSc, Champion

“[The author]…presents the reader with a review of the uses of forensic science in criminal cases…It is not just the cases that give the reader an introduction to forensic science and the criminal law; the book also contains rele­vant citations to sources and useful research tools.”

-- Kenneth E. Melson, J.D., Journal of Forensic Science

Table of Contents

SCIENCE AND THE CRIMINAL LAW

Science and the Legal Process

Forensic Science Questions

Forensic Science and Circumstantial Evidence

Forensic Science, Forensic Evidence, and the Modern   

   Crime Scene

Scientific Foundations and the Courts

Science and the Courts

Frye v. United States

Daubert v. Merrell Dow Pharmaceuticals

General Electric v. Joiner

Kumho Tire v. Carmichael

People v. Sutherland: A Case Study

The Sutherland Case Facts

The Prosecution’s Forensic Evidence: The Tire

   Tracks  

The Prosecution’s Forensic Evidence: The Hair

   Evidence

The Prosecution’s Forensic Evidence: The Fiber

   Evidence

The Court’s Analysis: The Hairs and Fibers

The Sutherland Case: The Court’s Analyses Sutherland II Case  

Sutherland Conclusion

Appendix: Daubert Progeny

Endnotes

SCIENCE, FORENSIC SCIENCE, AND EVIDENCE

Introduction

Forensic Science and Evidence

Forensic Evidence and History

Forensic Evidence and the Crime Scene

Forensic Evidence Basics

Forensic Evidence and Circumstantial Evidence

Forensic Science, Probability, and the Law

Forensic Science and the Courts: Frye, Daubert, and   

   Beyond

Basic Questions Related to Forensic Science and Forensic Evidence

Class and Individual Characteristics

Laboratory Matches and Courtroom Rules of Evidence  Conclusion

Endnotes

HAIR ANALYSES 

Introduction

Hair Analysis Basics

Discovery Issues

Matching Statements

Recent Case Discussions: Qualifications

Prosecutorial Characterizations of Hair Testimony

Mitochondrial DNA [mtDNA] and Hair Analysis

The Evidence on the Petition for New Trial

Conclusion

Endnotes

FIBER ANALYSIS

Introduction

Fiber Evidence in the Courtroom

Discovery

Wayne Williams Case

Additional Fiber Cases

Fiber Persistence

Conclusion

Endnotes

BALLISTICS AND TOOL MARKS

Introduction

Ballistics and Forensic Evidence

Ballistics Experts: Qualifications

Weapon Identification

Computer-Generated Animation of Crime Scenes

Bullet Ricochet

Angle of Shoot

Bullet Matching

Bullet Lead Matching — ICP Methodology

Incompetence of Counsel

Gunshot Residue

Suicide vs. Homicide

Tool Marks

Conclusion

Endnotes

SOIL, GLASS, AND PAINT

Glass, Paint, and Soil in the Courtroom

Glass Analysis

Glass in the Courtroom

Paint Analysis

Soil Analysis

Soil and Cadaver Dogs

Soil and Forensic Archeology

Conclusion

Endnotes

FOOTPRINTS, TIRE IMPRESSIONS, AND BITE MARKS

Introduction

Foot Impressions in the Courtroom

Footwear Cases

Expert vs. Nonexpert Opinion

Barefoot Impression Evidence

Footwear Impression for Indigent Defendant Footwear-Impression Testimony

Footwear Trails

Indirect Proof of Footwear Impression

Tire Impressions

Bite-Mark Impressions

Bite Marks: Enhanced Imaging and Overlays

Endnotes

Notes

FINGERPRINTS

Introduction

International Working Groups

Fingerprints: American Experience

Fingerprint Questions

Fingerprint Foundations

Fingerprints: Daubert Challenges

Fingerprints: Digital Print Machines

Fingerprints: Discovery of Automated Fingerprint

   System Printouts

Fingerprints: Absence of Fingerprints

Time and Place Requirements

Lip Marks

Ear Impressions

Endnotes

BLOOD –SPATTER ANALYSIS

Introduction

Blood Spatter: Presumptive Tests for Blood

Blood Spatter in the Courtroom

Blood Spatter: Expert Qualifications

Blood Spatter: Crime Scene Dynamics

Endnotes

Notes

DNA ANALYSIS

Introduction

DNA Research Resources

DNA: International Standards

DNA: Questions for Lawyers

DNA Methodologies: RFLP

PCR DNA Methodologies

STR DNA Methodologies

Project Summary

DNA Mixture Cases

Mitochondrial DNA: MtDNA

Nonhuman DNA

DNA Related Cases: Post-Conviction Testing and

   Mandatory Submission of DNA

Post-Conviction DNA Testing

DNA Samples

John Doe DNA Warrants

The Future of DNA Testing

Endnotes

FORENSIC ANTHROPOLOGY AND ENTOMOLOGY Introduction

Forensic Anthropology

Forensic Anthropology Cases

Racial or Ethnic Identification

Individual Identifications

Forensic Anthropology: Photography

Cultural Anthropology

Forensic Entomology

Entomology Cases

Conclusion

Endnotes

EPILOGUE

INDEX

Subject Categories

BISAC Subject Codes/Headings:
LAW026000
LAW / Criminal Law / General
LAW041000
LAW / Forensic Science