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Full-Text Articles in Law

The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley Apr 2021

The Absence Or Misuse Of Statistics In Forensic Science As A Contributor To Wrongful Convictions: From Pattern Matching To Medical Opinions About Child Abuse, Keith A. Findley

Dickinson Law Review (2017-Present)

The new scrutiny that has been applied to the forensic sciences since the emergence of DNA profiling as the gold standard three decades ago has identified numerous concerns about the absence of a solid scientific footing for most disciplines. This article examines one of the lesser-considered problems that afflicts virtually all of the pattern-matching (or “individualization”) disciplines (largely apart from DNA), and even undermines the validity of other forensic disciplines like forensic pathology and medical determinations about child abuse, particularly Shaken Baby Syndrome/Abusive Head Trauma (SBS/AHT). That problem is the absence or misuse of statistics. This article begins by applying …


Case Comment - People V. Nelson: A Tale Of Two Statistics, David H. Kaye Mar 2016

Case Comment - People V. Nelson: A Tale Of Two Statistics, David H. Kaye

David Kaye

In recent years, defendants who were identified as a result of a search through a database of DNA profiles have argued that the probability that a randomly selected person would match a crime-scene stain overstates the probative value of the match. The statistical literature is divided, with most statisticians who have written on the subject rejecting this claim. In People v. Nelson, the Supreme Court of California held that when the random-match probability is so small as to make it exceedingly unlikely that any unrelated individual has the incriminating DNA profile, this statistic is admissible in a database-search case. …


The Emerging Role Of Dna Analysis In The Criminal Justice System, Sandra Sherman Apr 2008

The Emerging Role Of Dna Analysis In The Criminal Justice System, Sandra Sherman

Pell Scholars and Senior Theses

Forensic science has evolved into the most advanced investigative tool used in the criminal justice field. DNA evidence is a strong component of forensic science and with constant advancements of DNA testing so that its evidence is more reliable and accepted in the criminal justice system will help provide justice for the quily and innocent alike.


Case Comment - People V. Nelson: A Tale Of Two Statistics, David H. Kaye Jan 2008

Case Comment - People V. Nelson: A Tale Of Two Statistics, David H. Kaye

Journal Articles

In recent years, defendants who were identified as a result of a search through a database of DNA profiles have argued that the probability that a randomly selected person would match a crime-scene stain overstates the probative value of the match. The statistical literature is divided, with most statisticians who have written on the subject rejecting this claim. In People v. Nelson, the Supreme Court of California held that when the random-match probability is so small as to make it exceedingly unlikely that any unrelated individual has the incriminating DNA profile, this statistic is admissible in a database-search case. …


By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris Jan 2003

By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait Jan 1991

Stories, Forensic Science, And Improved Verdicts, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Dna Data Banking: The Dangerous Erosion Of Privacy, E. Donald Shapiro, Michelle L. Weinberg Jan 1990

Dna Data Banking: The Dangerous Erosion Of Privacy, E. Donald Shapiro, Michelle L. Weinberg

Cleveland State Law Review

This article begins by describing the increasing prominence of DNA evidence in legal matters, before explaining how investigatory agencies wish to use DNA in their criminal investigations: primarily DNA banks and DNA testing large portions of the population in the wake of a crime. The article goes on to discuss privacy concerns about DNA profiling and DNA databanks. It discusses the differences between traditional fingerprint banks, and the greater privacy threats posed by the DNA banks. It moves on to point out the various public and private sector abuses possible with wide-spread DNA profiling. Finally, the authors suggest that legislation …