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Articles 1 - 9 of 9

Full-Text Articles in Evidence

Dna In The Courtroom: The 21st Century Begins, James T. Griffith, Susan L. Leclair Dec 2014

Dna In The Courtroom: The 21st Century Begins, James T. Griffith, Susan L. Leclair

University of Massachusetts Law Review

DNA is one of the most significant discoveries in the field of forensic evidence yet it remains underutilized in the courtroom setting. This article provides an introduction to the scientific principles, structure and composition of DNA in an effort to make DNA more accessible to the judicial process.


Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, National Institute Of Justice Dec 2014

Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, National Institute Of Justice

University of Massachusetts Law Review

DNA analysis is the gold standard for identification of human remains from mass disasters. Particularly in the absence of traditional anthropological and other physical characteristics, forensic DNA typing allows for identification of any biological sample and the association of body parts, as long as sufficient DNA can be recovered from the samples. This is true even when the victim’s remains are fragmented and the DNA is degraded. While many effective laboratory protocols are available for DNA analysis, the analytical portion is only one part of the identification process.


Introduction To Excerpts From Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, Glenn R. Schmitt Dec 2014

Introduction To Excerpts From Lessons Learned From 9/11: Dna Identification In Mass Fatality Incidents, Glenn R. Schmitt

University of Massachusetts Law Review

On the 5th anniversary of the terrorist attacks on the World Trade Center, the National Institute of Justice – the research, development, and evaluation agency of the U.S. Department of Justice – published a major report on the identification of mass disaster victims using DNA analysis. The report was prepared by the Kinship and Data Analysis Panel, a multidisciplinary group of scientists assembled by the National Institute of Justice to offer guidance to the New York City Office of the Chief Medical Examiner in the identification of those who perished in the World Trade Center.


The Science Behind Breath Testing For Ethanol, Thomas E. Workman Jr. Mar 2014

The Science Behind Breath Testing For Ethanol, Thomas E. Workman Jr.

University of Massachusetts Law Review

Nationwide, law enforcement officers utilize breath-test machines to identify suspected drunk drivers. When defense attorneys represent a client who has been charged with alcohol related driving crimes, it is important to understand the science and methodology behind alcohol breath-testing, and specifically the functionality of the device used to test their client. This article explains the various methods of testing and types of devices used, as well as their effectiveness, by examining the scientific principles associated with common testin measures. This article serves as an aid to the practicing attorney who, by understanding the science and methodology of breath-testing, will be ...


Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway Apr 2013

Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford Nov 2012

Admissibility Of Dna Genetic Profiling Evidence In Criminal Proceedings: The Case For Caution, Lori L. Swafford

Pepperdine Law Review

No abstract provided.


Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal Jan 1987

Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal

Law Faculty Publications

A return to the emotionally neutral fundamentals of the hearsay rule presents the clash between pragmatists and academicians in a setting which is free of the value laden considerations surrounding child abuse cases. This clash arises at the most fundamental level, that of defining hearsay. Many academicians favor a definition of hearsay as evidence whose reliability depends upon the veracity of someone not subject to cross-examination. Pragmatists (particularly trial lawyers) often find this formulation awkward and prefer a concise definition of hearsay as an out-of-court statement offered for the truth of the contents. The choice of definitions can make a ...


A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal Jan 1981

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for ...


Justiciability, Edwin Borchard Jan 1936

Justiciability, Edwin Borchard

Faculty Scholarship Series

It might be supposed that justiciability, the very foundation of the judicial function, would be a matter on which courts could hardly differ. Yet there seems to be the greatest confusion among the courts as to when an issue is and is not susceptible of judicial decision. This is largely due to a devotion to phrases and symbols which make historical investigation and theoretical analysis seem an unnecessary encroachment on the judicial prerogative. The very system of stare decisis invites courts to relieve themselves of the necessity of thinking through again ostensible propositions which seem to have once received the ...