Forensic Science: Complex Admissibility Standard For Scientific Evidence And Expert Witness's Testimony, 2018 CUNY New York City College of Technology
Forensic Science: Complex Admissibility Standard For Scientific Evidence And Expert Witness's Testimony, Md Wahidur Rahman, Marissa J. Moran
Publications and Research
Modern science forces the world to accept new theories and invention. Science has invented several tools, which are used in the legal system to dispute criminal cases. Scientific evidence and expert witness testimony have weight in the courtroom because those are scientifically proved to be true. Even though there are few case laws and Federal rule of evidence 1975, still the admissibility standard is complex which may lead injustice.
This article examines the Federal rule of evidence, case laws and scholars’ opinion to address the complexity of the admissibility standard of scientific evidence and expert testimony. The first legal question ...
Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, 2018 Australian National University
Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner
Genocide Studies and Prevention: An International Journal
Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview ...
Sb 127 - Criminal Procedure, 2018 Georgia State University College of Law
Sb 127 - Criminal Procedure, Adriana C. Heffley, Allison S. Kim
Georgia State University Law Review
The Act introduces procedure by which victims who were not provided notice criminal proceedings, after requesting notice, may file a motion to be acknowledged by the court. This Act is meant to create a means by which a victim’s rights, as introduced by the constitutional amendment in SR 146, may be raised or enforced.
A Game Of Katso And Mouse: Current Theories For Getting Forensic Analysis Evidence Past The Confrontation Clause, 2018 Georgetown University Law Center
A Game Of Katso And Mouse: Current Theories For Getting Forensic Analysis Evidence Past The Confrontation Clause, Ronald J. Coleman, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The Sixth Amendment’s Confrontation Clause ensures that an “accused” in a “criminal prosecution” has the right “to be confronted with the witnesses against him [.]” Although perhaps a simple concept, defining the scope of confrontation rights has proved extremely difficult. The law has had particular difficulty scoping confrontation rights in forensic analysis cases, such as those where the prosecution seeks to utilize a laboratory report of DNA, blood alcohol content, narcotics, or other “CSI” type analysis. In this connection, Justice Gorsuch recently authored an opinion dissenting from denial of certiorari in Stuart v. Alabama, in which he recognized the “decisive ...
Where Are The Gatekeepers? Challenging Utah’S Threshold Standard For Admissibility Of Expert Witness Testimony, 2018 SJ Quinney College of Law, University of Utah
Where Are The Gatekeepers? Challenging Utah’S Threshold Standard For Admissibility Of Expert Witness Testimony, Samuel D. Hatch
Utah Law Review
Utah’s Rule 702 on the admissibility of expert witness testimony is far too low. Utah trial courts cannot to fulfill their role as gatekeepers because the threshold standard forces them to admit almost everything without ensuring reliability. Accordingly, Utah evidence law will benefit from amending Rule 702 whether it reverts to the federal rule or elects the Minnesota approach. Either is preferred to the almost nonexistent standard currently in place, which has drifted far from the “inherent[ly] reliab[le]” tradition and is no longer “the touchstone of admissibility” in Utah. The State should amend Rule of Evidence 702 ...
Maine Sexual Assault Kit Study, 2018 University of Southern Maine, Muskie School of Public Service, Cutler Institute for Health and Social Policy
Maine Sexual Assault Kit Study, Alison Grey, Erika Arthur, Viacheslav Tomenko, George Shaler Mph, Elisabeth Snell
The Cutler Institute recently released the Maine Sexual Assault Kit (SAK) Study Report. This report was produced for the Maine Coalition Against Sexual Assault (MECASA). In 2018 MECASA contracted with researchers at the Cutler Institute, with funding in part from a grant from the Office on Violence Against Women STOP Violence Against Women Formula Grant Program, through the Maine Department of Public Safety.
Researchers employed a mixed-methods approach to gather comprehensive data about the current status of sexual assault kits in Maine; the challenges and successes of processing and storing kits in Maine; and nationally recognized best practices.
Findings from ...
Neither Limited Nor Simplified: A Proposal For Reform Of Illinois Supreme Court Rule 222(B), 2018 University of Michigan Law School
Neither Limited Nor Simplified: A Proposal For Reform Of Illinois Supreme Court Rule 222(B), Michael S. Smith
Michigan Law Review
A limited and simplified discovery system should broaden access to courts, resolve disputes quickly, and expedite relief to injured parties. It should not incentivize procedural gamesmanship or increase the system’s complexity. Regrettably, Illinois’s “limited and simplified” discovery system does both. The initiation procedure for the simplified system, Rule 222(b), creates procedural traps and perverse incentives for both plaintiffs and defendants, and conflicting appellate interpretations of the Rule intensify the problem. This Note examines the flaws underlying the current simplified discovery scheme and argues for reform. It examines simplified discovery schemes in other states to recommend a new ...
Assessing The Viability Of Implicit Bias Evidence In Discrimination Cases: An Analysis Of The Most Significant Federal Cases, 2018 University of Florida Levin College of Law
Assessing The Viability Of Implicit Bias Evidence In Discrimination Cases: An Analysis Of The Most Significant Federal Cases, Anthony Kakoyannis
Florida Law Review
The theory of implicit bias occupies a rapidly growing field of scientific research and legal scholarship. With the advent of tools measuring individuals’ subconscious biases toward people of other races, genders, ages, national origins, religions, and sexual orientations, scholars have rushed to explore the ways in which these biases might affect decision-making and produce broad societal consequences.
The question that remains unanswered for scholars, attorneys, and judges is whether evidence of implicit bias and its effects can or should be used in legal proceedings. Although the study of implicit bias dates back several decades, only recently have judicial opinions begun ...
Revenge Porn, 2018 Roger Williams University
Revenge Porn, Thomas Lonardo, Tricia P. Martland, Rhode Island Bar Journal
Life of the Law School (1993- )
No abstract provided.
65. Adults’ Perceptions Of Children’S Referentially Ambiguous Responses., 2018 Brock University
65. Adults’ Perceptions Of Children’S Referentially Ambiguous Responses., Breanne E. Wylie, Thomas D. Lyon, Alison M. O’Connor, Christina Lapytskaia, Angela D. Evans
Thomas D. Lyon
64. Effects Of The Putative Confession Instruction On Perceptions Of Children’S True And False Statements, 2018 University of California, Irvine
64. Effects Of The Putative Confession Instruction On Perceptions Of Children’S True And False Statements, Jennifer Gongola, Nicholas Scurich, Thomas D. Lyon
Thomas D. Lyon
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
Brooklyn Law Review
We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of ...
Throwing Out Junk Science: How A New Rule Of Evidence Could Protect A Criminal Defendant's Right To Confront Forensic Scientists, Michael Luongo
Journal of Law and Policy
As the forensic science industry grows, so do the scandals – overburdened crime labs, unverified science, corrupt analysts, and diminishing federal oversight. Given the need to ensure that valid forensic science-based evidence is used at trial, a criminal defense attorney typically has the opportunity to cross-examine the scientist who conducted the forensic analysis. However, the 2012 Supreme Court decision of Williams v. Illinois has muddied an otherwise cohesive Confrontation Clause doctrine, allowing for the admission of forensic evidence without the testimony of the forensic scientist, but with no clear holding and different interpretations about what is considered “testimonial evidence.” To correct ...
The At&T/Time Warner Merger: How Judge Leon Garbled Professor Nash, 2018 Georgetown University Law Center
The At&T/Time Warner Merger: How Judge Leon Garbled Professor Nash, Steven C. Salop
Georgetown Law Faculty Publications and Other Works
The US District Court in the AT&T/Time Warner vertical merger case has issued its opinion permitting the merger. At of this writing in August 2018, the Department of Justice (DOJ) has appealed to the DC Circuit and filed its brief, as have several Amici. I was disappointed that the DOJ was unable to prove its case to the satisfaction of Judge Leon, the trial judge. Notwithstanding the court’s confidence that the merger is procompetitive, I remain concerned that it will have anti- competitive effects, both on its own and following the subsequent vertical mergers in the TV ...
2018 Changes To The Evidence Act And Criminal Procedure Code - The Criminal Justice Reform Bill And Evidence (Amendment) Bill, 2018 Singapore Management University
2018 Changes To The Evidence Act And Criminal Procedure Code - The Criminal Justice Reform Bill And Evidence (Amendment) Bill, Siyuan Chen, Eunice Chua
Research Collection School Of Law
Various portions of the Evidence Act and Criminal Procedure Code were amended in 2018 vide the Criminal Justice Reform Bill and Evidence (Amendment) Bill; this was a continuation of a series of gradual but important changes to the criminal justice system that had begun in 2010 when the old Criminal Procedure Code was replaced. This legislation comment outlines and briefly analyses some of the most substantive changes brought about by the 2018 amendments: the video-recording of interviews in criminal proceedings; the introduction of a psychiatrist panel to regulate the reception of evidence from expert psychiatric witnesses in criminal proceedings; and ...
Cabining Judicial Discretion Over Forensic Evidence With A New Special Relevance Rule, 2018 University of Michigan Law School
Cabining Judicial Discretion Over Forensic Evidence With A New Special Relevance Rule, Emma F.E. Shoucair
Michigan Law Review
Modern forensic evidence suffers from a number of flaws, including insufficient scientific grounding, exaggerated testimony, lack of uniform best practices, and an inefficacious standard for admission that regularly allows judges to admit scientifically unsound evidence. This Note discusses these problems, lays out the current landscape of forensic science reform, and suggests the addition of a new special relevance rule to the Federal Rules of Evidence (and similar rules in state evidence codes). This proposed rule would cabin judicial discretion to admit non-DNA forensic evidence by barring prosecutorial introduction of such evidence in criminal trials absent a competing defense expert or ...
Do You See What I See? Problems With Juror Bias In Viewing Body-Camera Video Evidence, 2018 University of Michigan Law School
Do You See What I See? Problems With Juror Bias In Viewing Body-Camera Video Evidence, Morgan A. Birck
Michigan Journal of Race and Law
In the wake of the Michael Brown shooting in Ferguson, Missouri, advocates and activists called for greater oversight and accountability for police. One of the measures called for and adopted in many jurisdictions was the implementation of body cameras in police departments. Many treated this implementation as a sign of change that police officers would be held accountable for the violence they perpetrate. This Note argues that although body-camera footage may be useful as one form of evidence in cases of police violence, lawyers and judges should be extremely careful about how it is presented to the jury. Namely, the ...
Spotlight On A Discipline: Forensics, 2018 University of North Georgia
Spotlight On A Discipline: Forensics, Bianca Valdez
International Social Science Review
Bianca Valdez is a digital forensic scientist and a dedicated member of SMS, an organization that aims to raise awareness about human trafficking. She also volunteers with NOVA-HTI, an organization designed to help human trafficking victims.
Will Rule 401(B) Ever Be Predictable, 2018 West Virginia University College of Law
Will Rule 401(B) Ever Be Predictable, Sean D. Thomas
West Virginia Law Review
No abstract provided.
The Privilege Doctrines--Are They Just Another Discovery Tool Utilized By The Tobacco Industry To Conceal Damaging Information?, 2018 Pace University School of Law
The Privilege Doctrines--Are They Just Another Discovery Tool Utilized By The Tobacco Industry To Conceal Damaging Information?, Christine Hatfield
Pace Law Review
This Comment will analyze the tobacco companies' use of the privilege doctrines to avoid litigation over the past thirty years, specifically focusing on the last fifteen years of litigation between this industry and its accusers. Part II of this Comment will discuss the pertinent discovery rules and the manner in which they are abused. Part III will examine the development, scope and limitations of the attorney-client privilege and work product doctrines, considering with particularity the corporate context and the applicability of the crime-fraud exception to these doctrines. Part IV will review the case law of the tobacco litigation, focusing on ...