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Forensic Evidence
Science and the Criminal Law, Second Edition




ISBN 9780849328589
Published November 29, 2005 by CRC Press
536 Pages

 
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Book 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.

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

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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