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Full-Text Articles in Law
Dna Exonerations And Stakeholder Responses: A Case Of Cognitive Dissonance, Anne Richardson Oakes, Julian Killingley
Dna Exonerations And Stakeholder Responses: A Case Of Cognitive Dissonance, Anne Richardson Oakes, Julian Killingley
Tennessee Law Review
The availability of DNA testing developed in the 1980s transformed the ability of prosecutors to secure convictions while providing Innocence Projects with the tools to overturn them. However, DNA exonerations which establish conclusively that a person convicted of a crime is in fact innocent, can represent a major threat to the value systems and therefore the self-belief of stakeholders who acted in good faith and in the genuine but mistaken belief that the exoneree was guilty. This Article reports on the findings of an investigation into stakeholder responses to DNA exonerations between 1990-1999 when DNA evidence was new and more …
Commissioning Innocence And Restoring Confidence: The North Carolina Innocence Inquiry Commission And The Missing Deliberative Citizen, Mary Kelly Tate
Commissioning Innocence And Restoring Confidence: The North Carolina Innocence Inquiry Commission And The Missing Deliberative Citizen, Mary Kelly Tate
Maine Law Review
Since 1989, the United States has witnessed 289 DNA exonerations, with exonerees serving an average of thirteen years in prison. Although DNA an its unmatched power for the conclusive results is what brought popular attention to wrongful convictions, the scope of the problem is vastly larger than the number of known DNA exonerations. The actual number of convicted individuals who are factually innocent is unknown. The state of North Carolina has recently responded to this national crisis via a newly created state agency. This essay applauds North Carolina’s response, but urges that ordinary citizens, qua jurors, be active participants in …
Optimizing Collection Of Trace Biological Samples From Vehicle Headrests, Kevin Tang, Jesse Ramirez, John Bond, Jocelyn Weart, Yvette Delatorre, Ian Fitch, Steven Lee
Optimizing Collection Of Trace Biological Samples From Vehicle Headrests, Kevin Tang, Jesse Ramirez, John Bond, Jocelyn Weart, Yvette Delatorre, Ian Fitch, Steven Lee
Themis: Research Journal of Justice Studies and Forensic Science
Tape-lifting and swabbing are two methods commonly used for collecting biological samples in the United Kingdom and United States to investigate vehicle crimes. Determining the optimal collection method may lead to an increase in generating DNA profiles and crime-solving. The objective of this study is to evaluate the efficiency of adhesive tape and the double-swab collection methods for investigating vehicle crimes with possible touch DNA samples. Two experiments were conducted to evaluate the use of tape-lifts and swabs on spiked common vehicle fabric materials. The efficiency of recovery between the two collection methods was performed using qPCR. The results from …
Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell
Forensics And Fallibility: Comparing The Views Of Lawyers And Jurors, Brandon L. Garrett, Gregory Mitchell
West Virginia Law Review
No abstract provided.
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss
Washington and Lee Law Review
No abstract provided.
Dna Analysis And The Confrontation Clause: “Special Needs” Category For Dna Testimonial Evidence, Colleen Clark
Dna Analysis And The Confrontation Clause: “Special Needs” Category For Dna Testimonial Evidence, Colleen Clark
Golden Gate University Law Review
This Comment examines three recent U.S. Supreme Court decisions dealing with forensic evidence and how its use is affected by the Confrontation Clause. The Confrontation Clause provides a defendant with the right to confront adverse witnesses. Notably, in Williams v. Illinois, Justice Breyer pointed out that the Court has explicitly not addressed the “outer limits of the “testimonial statements” rule set forth in Crawford v. Washington.” Specifically, Justice Breyer asked how “the Confrontation Clause [applies] to the panoply of crime laboratory reports and underlying technical statements written by (or otherwise made by) laboratory technicians?” This question, while left …
Williams V. Illinois: Confronting Experts, Science, And The Constitution, Natasha Crawford
Williams V. Illinois: Confronting Experts, Science, And The Constitution, Natasha Crawford
Mercer Law Review
DNA evidence has revolutionized forensic science, making it the "single greatest advance in the search for truth.., since the advent of cross-examination." In Williams v. Illinois, the United States Supreme Court affirmed the Illinois Supreme Court's holding that there was no Confrontation Clause violation where experts based their testimony on another analyst's DNA report that was not admitted into evidence. The Court held an expert may assume the truth of certain facts-such as a DNA profile contained in a forensic report-to offer testimony based on those facts without testifying to the truth of the matter asserted. Until Williams, the …
The Admissibility Of Eyewitness-Identification Expert Testimony In Oklahoma, Sean S. Hunt
The Admissibility Of Eyewitness-Identification Expert Testimony In Oklahoma, Sean S. Hunt
Oklahoma Law Review
No abstract provided.
"False But Highly Persuasive": How Wrong Were The Probability Estimates In Mcdaniel V. Brown?, David H. Kaye
"False But Highly Persuasive": How Wrong Were The Probability Estimates In Mcdaniel V. Brown?, David H. Kaye
Michigan Law Review First Impressions
In McDaniel v. Brown, the Supreme Court will review the use of DNA evidence in a 1994 trial for sexual assault and attempted murder. The Court granted certiorari to consider two procedural issues—the standard of federal postconviction review of a state jury verdict for sufficiency of the evidence, and the district court's decision to allow the prisoner to supplement the record of trials, appeals, and state postconviction proceedings with a geneticist's letter twelve years after the trial. The letter from Laurence Mueller, a professor at the University of California at Irvine, identified two obvious mistakes in the state's expert testimony. …
Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires
Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires
Kentucky Law Journal
No abstract provided.
Introduction Symposium: Toward More Reliable Jury Verdicts - Law, Technology, And Media Development Since The Trials Of Dr. Sam Sheppard , Patricia J. Falk
Introduction Symposium: Toward More Reliable Jury Verdicts - Law, Technology, And Media Development Since The Trials Of Dr. Sam Sheppard , Patricia J. Falk
Cleveland State Law Review
The three Sheppard cases, spread over almost half a century, serve as a point of departure to explore how the multiple forces of law, science, and the media have interacted in criminal trials and in later challenges to the reliability of those trials. The Sheppard cases have resulted in five enduring legacies. Perhaps the most obvious legacy of the Sheppard cases is the new law the case made when it was heard by the United States Supreme Court on a federal habeas corpus appeal. In Sheppard v. Maxwell, the Court created a new legal standard regarding the effects of pretrial …
A Distant Mirror: The Sheppard Case From The Next Millennium, James Robertson
A Distant Mirror: The Sheppard Case From The Next Millennium, James Robertson
Cleveland State Law Review
My own vantage point is that of a trial judge, and for me, revisiting the Sheppard case is a chance to ruminate on the relationship between judges and the media and how judges deal with high profile cases. I will consider that subject, and then meander a little farther along and share a few thoughts about what I call hermetically sealed justice - our modem insistence that judges say nothing and juries know nothing. Finally, I will have a few words to say about DNA evidence and the "reliable verdict" ideal that appears to be one of the propositions to …
Genetically Altered Admissibility: Legislative Notice Of Dna Typing, Jayne L. Jakubaitis
Genetically Altered Admissibility: Legislative Notice Of Dna Typing, Jayne L. Jakubaitis
Cleveland State Law Review
This note examines the conflict over acceptance of DNA evidence. Part I discusses the process of DNA typing as a form of scientific evidence and the courts' responses to this novel technique. Part II examines the legislative responses to DNA typing. Part III explores the potential impact of the admissibility statutes both on the courts and on the accused. Finally, Part IV suggests areas of legislative regulation which may aid in resolving the current difficulties of DNA typing.
Genetically Altered Admissibility: Legislative Notice Of Dna Typing, Jayne L. Jakubaitis
Genetically Altered Admissibility: Legislative Notice Of Dna Typing, Jayne L. Jakubaitis
Cleveland State Law Review
This note examines the conflict over acceptance of DNA evidence. Part I discusses the process of DNA typing as a form of scientific evidence and the courts' responses to this novel technique. Part II examines the legislative responses to DNA typing. Part III explores the potential impact of the admissibility statutes both on the courts and on the accused. Finally, Part IV suggests areas of legislative regulation which may aid in resolving the current difficulties of DNA typing.
Dna Fingerprinting: Evidence Of The Fuiture, Jane E. Hanner
Dna Fingerprinting: Evidence Of The Fuiture, Jane E. Hanner
Kentucky Law Journal
No abstract provided.