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Evidence

Selected Works

Forensic science

Jane Campbell Moriarty

Articles 1 - 3 of 3

Full-Text Articles in Law

Will History Be Servitude?: The Nas Report On Forensic Science And The Rule Of The Judiciary, Jane Moriarty Dec 2009

Will History Be Servitude?: The Nas Report On Forensic Science And The Rule Of The Judiciary, Jane Moriarty

Jane Campbell Moriarty

For several decades, the prosecution and its witnesses have maintained that despite little research and virtually no standards, they can match a fingerprint, handwriting, bullet and bullet cartridge, hair, dental imprint, footprint, tire track, or even a lip print to its unique source (collectively, “individualization evidence”). Not only can they match it, they claim, they can do so often without any error rate. In the last few decades, with the help of lawyers and academics, litigants have challenged the underlying reliability of individualization evidence. Scholars in various disciplines have written about the startling state of individualization evidence, including its lack …


“Misconvictions,” Science And The Ministers Of Justice, Jane Campbell Moriarty Jan 2007

“Misconvictions,” Science And The Ministers Of Justice, Jane Campbell Moriarty

Jane Campbell Moriarty

DNA evidence has exonerated over two hundred wrongfully convicted defendants in the last several years, providing insights into the causes of such convictions. One such cause, faulty scientific evidence, is a focus of this article. For decades, many have written about the prevalence of and reasons for wrongful convictions --what I have termed “misconvictions.” A few reasons support the coinage “misconvictions”: the miscarriage of justice when an innocent person is convicted; the mistakes involved in the prosecution and trial of the case; the mistaken identification that may have occurred; and finally, the recognition that all wrongful convictions are a missed …


Forensic Science: Grand Goals, Tragic Flaws, And Judicial Gatekeeping, Jane Campbell Moriarty Dec 2004

Forensic Science: Grand Goals, Tragic Flaws, And Judicial Gatekeeping, Jane Campbell Moriarty

Jane Campbell Moriarty

In the last decade, a number of scientists have published articles and testified in court, explaining the ways in which they believe that some of the forensic sciences do not meet reliability standards and that laboratories make errors. The explosion of exonerations resulting from DNA technology has raised questions about the accuracy of many forensic sciences and the quality of some laboratory testing. A substantial number of these defendants can point to erroneous forensic science as a contributing cause of their wrongful convictions. In the courts, increasingly, the parties have substantial and serious disagreements about the quality of forensic science. …