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Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli May 1991

Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli

Vanderbilt Law Review

"At bottom the case against Claus von Bilow was a scientific case. It would have to be refuted by scientific evidence,"' wrote Alan Dershowitz. The von Bilow case is not alone. Many recent notorious criminal trials involved scientific proof. For example, the prosecution offered hypnotically refreshed testimony and bite mark evidence in the Ted Bundy case. Fiber evidence proved critical in the trial of Wayne Williams for the murder of two of the thirty young black males killed in Atlanta in the late 1970s.' Other illustrations include the pathology and serology testimony in the Jean Harris trial, the forensic analysis …


Breaking The Silence: Should Jurors Be Allowed To Question Witnesses During Trial?, Jeffrey S. Berkowitz Jan 1991

Breaking The Silence: Should Jurors Be Allowed To Question Witnesses During Trial?, Jeffrey S. Berkowitz

Vanderbilt Law Review

The above line of questioning destroyed the defendant's chance of being acquitted. Surprisingly, however, the questions that sealed the defendant's fate were raised by a juror after the prosecutor had failed to elicit the devastating facts.'

The notion of allowing jurors to question witnesses during a trial is not a novel one, but the governmental entities responsible for supervising the court system never have encouraged the practice.' As a result, juror questioning is not widespread.' This situation, however, may be changing. During 1989 judges in at least thirty states, including New York, California, and Connecticut, agreed to conduct the first …