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Full-Text Articles in Evidence

The Forensic Community Can Educate Lawyers, Judges, Robert M. Sanger Jun 2017

The Forensic Community Can Educate Lawyers, Judges, Robert M. Sanger

Robert M. Sanger

Forensic science has made significant strides in elevating the standards for forensic analysis, reporting and testimony over the last few years. Yet, lawyers and judges lag far behind in understanding the significance of these strides. There is an attempt to educate law students in the law schools and to educate lawyers and judges through continuing legal and judicial education but it is slow in finding its way into the actual courtroom. Therefore, while there is progress at the highest levels of forensic science, a lot of "junk" science competes for the attention of jurors.

Forensic scientists can help educate the …


The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger Oct 2016

The New Pcast Report To The President Of The United States On Forensic Science, Robert M. Sanger

Robert M. Sanger

The President of the United States requested an in-depth report from the President’s Council of Advisors
on Science and Technology (known as PCAST) in 2015 to “consider whether there are additional steps that
could usefully be taken on the scientific side to strengthen the forensic science disciplines and ensure the validity of forensic evidence used in the Nation’s legal system.” The PCAST Report was issued September 20, 2016, specifically referring to criminal court applications of forensic science. The report has implications for civil
litigators as well as criminal. It also has implications for judges, particularly those at the trial level. …


The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger Aug 2016

The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger

Robert M. Sanger

This article will discuss the Academy Standards Board Consensus Body for Forensics in the area of Firearms and Toolmarks, and its role in the scheme of standards, commissions and entities doing this type of work.


The Hallmark Of A Champion—Or Not, Robert Sanger Jun 2015

The Hallmark Of A Champion—Or Not, Robert Sanger

Robert M. Sanger

Two decisions that just came down, one from the United States Supreme Court and the other from the California Supreme Court. The former is Hall v. Florida and the latter is In re Champion on Habeas Corpus. The Hall and Champion cases, although they do not cite each other, both discuss significant issues with regard to who is eligible for execution under the Atkins decision.

Hall and Champion perpetuate the myth that capital punishment can be imposed accurately and consistently. Additionally, both cases contain serious errors in interpreting science while suggesting that life and death decisions can be based on …


Full-Scale Intelligence Quotient Test Scores And The Impropriety Of “Ethnic (Or Socio-Economic) Adjustment” In Atkins Cases, Robert Sanger Jan 2015

Full-Scale Intelligence Quotient Test Scores And The Impropriety Of “Ethnic (Or Socio-Economic) Adjustment” In Atkins Cases, Robert Sanger

Robert M. Sanger

After attending this presentation, attendees will gain new information regarding developments in epigenetics which relate to the validity of Full-Scale Intelligence Quotient (FSIQ) scores in determining intellectual disability for the purpose of eligibility of a criminal defendant to be executed if otherwise subject to the death penalty. (Complete Abstract at page 727 of the proceedings: http://www.aafs.org/sites/default/files/2015/2015Proceedings.pdf )


Empiricism In Daubert And The California Supreme Court In Sargon, Robert Sanger Aug 2014

Empiricism In Daubert And The California Supreme Court In Sargon, Robert Sanger

Robert M. Sanger

California has become a Daubert state. In Sargon v. The University of Southern California, the California Supreme Court held that judges are the “gatekeepers” with regard to expert or scientific evidence in this state, just as has been the case in the federal system (and many other states) since the decision in Daubert. Now that California is avowedly a Daubert state, it is important to understand why courtroom evidence – scientific, expert or, for that matter, otherwise – is properly grounded in empiricism. Empiricism is the theory that knowledge is derived from experience. Understanding this empirical basis for both Daubert …


A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger Dec 2013

A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger

Robert M. Sanger

Scientific or expert testimony is often critical in criminal cases. The Supreme Court has established that the trial judge is the "gatekeeper" who is to determine what evidence is allowed before the jury. The current rules of evidence are not organized in a way that makes this task readily intelligible. This chapter proposes a more direct our-step process to accomplish the gatekeeping function.


The Admissibility Of Bayesian Likelihood Ratios, Robert Sanger Jul 2013

The Admissibility Of Bayesian Likelihood Ratios, Robert Sanger

Robert M. Sanger

As someone once said, “there are lies, damned lies and statistics.” Anyone who has tried a case where statistics are presented to the jury knows how powerful statistics can be. Jurors are generally not versed in statistics and are vulnerable to being misled. Ironically, judges may not be much better at identifying valid statistical analyses as opposed to bogus ones.

In this Criminal Justice column we will look at statistical analysis and its place in the courtroom. We will look at a recent decision of the British Courts and the implications for that type of thinking on American jurisprudence. To …


Close Test Scores And Epigenetics In Atkins Cases, Robert M. Sanger Dec 2011

Close Test Scores And Epigenetics In Atkins Cases, Robert M. Sanger

Robert M. Sanger

In the Atkins case, the United States Supreme Court held that it was unconstitutional to execute a person who was intellectually disabled (mentally retarded). An IQ score is evidence that can be considered in making the determination of whether a particular individual is intellectually disabled. Certain prosecution experts seek to add points to the scores of African Americans as a form of "ethnic adjustment" making those individuals more susceptible to being put to death. This article examines the molecular biology issues that may have an effect on whether such points should properly be added.