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Deceptively Simple: Framing, Intuition And Judicial Gatekeeping Of Forensic Feature-Comparison Methods Evidence, Jane Campbell Moriarty
Deceptively Simple: Framing, Intuition And Judicial Gatekeeping Of Forensic Feature-Comparison Methods Evidence, Jane Campbell Moriarty
Jane Campbell Moriarty
During the Symposium for the Judicial Conference Advisory Committee on Evidence Rules, held at Boston College on October 27, 2017, the scientists, statisticians, legal academics, and criminal defense lawyers presented a unified theme: the federal courts have not fulfilled their role as gatekeepers to exclude or limit potentially unreliable feature-comparison methods of forensic science evidence (“FCM evidence”). The only voiced dissents came from the DOJ and FBI lawyers, who argued that the courts had been admitting such pattern-matching evidence properly and that the evidence was indeed reliable.
Who Speaks For Neuroscience? Neuroimaging Evidence And Courtroom Expertise, Jane Campbell Moriarty, Daniel D. Langleben
Who Speaks For Neuroscience? Neuroimaging Evidence And Courtroom Expertise, Jane Campbell Moriarty, Daniel D. Langleben
Jane Campbell Moriarty
This Article explores the issue of proper qualifications necessary for expert witnesses who testify about structural and functional neuroimaging evidence. It outlines the nature of the problem; explains some of the complexity of the question of expertise as a matter of medicine, science, and law, using criminal cases involving mental health as a helpful template to discuss the issues; provides some thoughts about better regulating neuroimaging evidence by focusing on the qualifications of experts; and offers modest policy suggestions to address the question of expert competence.
Athletes, Veterans, And Neuroscience: A Symposium On Traumatic Brain Injury And Law, Jane Campbell Moriarty
Athletes, Veterans, And Neuroscience: A Symposium On Traumatic Brain Injury And Law, Jane Campbell Moriarty
Jane Campbell Moriarty
The last several years have educated us about the multiple causes and effects of traumatic brain injury (TBI). We have learned about concussions and brain injuries that many athletes suffer and the possibility of long term damage that such injuries may cause. The public is now sadly aware that many veterans are returning from Afghanistan and Iraq with combat-related brain injuries. And many citizens have learned first-hand that serious accidents can cause concussions and other forms of serious brain injuries.