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Showing 1 - 15 of 70 results
Jurors who enter a courtroom are familiar with DNA evidence and possess preconceived notions of the role this evidence plays in the criminal justice system. In fact, jurors are likely to think that if there is DNA evidence, then the defendant must be guilty of the crime. Instead of focusing solely on battling the scientific validity of the DNA evidence itself, the defense team should consider challenging the logical, inferential connections between the DNA evidence and a finding of guilt. The authors discuss a 2013 trial to illustrate this strategy.
Faulty forensic evidence Michele Nethercott
Search & Seizure Commentary: A Human Look at Canine Sniffing
Illinois v. Caballes: Some Disturbing Questions
Forensic DNA expert Tiffany Roy describes five common types of flawed forensic DNA testimony she encounters when she reviews transcripts of analysts’ testimony.
This month Jaime Roman reviews Justice for Baby Roston by Robert A. Anderson Sr.
White collar lawyers must weigh various considerations in determining how to obtain mobile phone data or limit the government’s access to data. When can the government compel a client to provide the passcode to a mobile device? What is the significance of whether an executive’s mobile phone is owned by the executive or the corporation? This article provides tips about obtaining, protecting, preserving, and reviewing data on mobile phones.
The suspect said he fired his gun straight up in the air on the night officers surrounded his home. The prosecutor said the suspect fired in the direction of a police officer, striking and killing him. Did the suspect shoot the officer, or did another police officer shoot him? Figuring out who shot the officer requires an investigation of shotgun wads. What are shotgun wads? What can they tell us? Steven Howard explains.
Defense lawyers increasingly are dealing with cellphones and location issues. Per Call Measurement Data files provide an estimate of the location of a cellphone. (Call Detail Record files, on the other hand, provide the location of the cell tower that served a call.) Richard Miletic explains the technology used, the error rate, and the basis to exclude PCMD under Daubert.
This month Andrew George, Katie Recker, and Richard Walk review Scientific Evidence in Civil and Criminal Cases by Andre A. Moenssens, Betty Layne DesPortes, and Roderick T. Kennedy.
The Supreme Court’s Bruen decision will have a major impact across the United States. Jurisdictions will make changes to gun regulations already on the books, and lawyers will bring legal challenges to existing gun laws. Defense attorneys Zachary Newland and Catherine Turner review and explain the new standard set forth in Bruen, and they discuss how lawyers are using the new standard to challenge the constitutionality of firearm laws.
It is crucial for a defense attorney to know the background and training of the forensic nurse examiner involved in the client’s case. A forensic nurse’s initial education does not include training on how to give an expert opinion related to his or her objective findings. Through continuing education and board certification, however, it is possible for a forensic nurse to be considered an expert.
The results of the first phase of a project to review FBI microscopic hair analysis testimony and lab reports produced the staggering revelation that FBI examiner testimony in at least 90 percent of the trial transcripts analyzed contained erroneous statements. This development likely will serve as a milestone in the quest for forensic science reform.
The aftermath of an accidental fire can often look the same as the aftermath of an intentionally set fire. This confounding fact has led to many false accusations. John Lentini writes that an arson determination should be viewed with great skepticism if it is based on (1) “low burning,” (2) a fire that burned “hotter than normal” or “faster than normal,” or (3) the appearance of “pour patterns” on a floor without a positive finding of an ignitable liquid in a laboratory test.
This month Gil Sapir reviews Junk Science and the American Criminal Justice System by M. Chris Fabricant.
