Law Commons^™

Technological Tethereds: Potential Impact Of Untrustworthy Artificial Intelligence In Criminal Justice Risk Assessment Instruments, Sonia M. Gipson Rankin

Washington and Lee Law Review

Issues of racial inequality and violence are front and center today, as are issues surrounding artificial intelligence (“AI”). This Article, written by a law professor who is also a computer scientist, takes a deep dive into understanding how and why hacked and rogue AI creates unlawful and unfair outcomes, particularly for persons of color.

Black Americans are disproportionally featured in criminal justice, and their stories are obfuscated. The seemingly endless back-to-back murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and heartbreakingly countless others have finally shaken the United States from its slumbering journey towards intentional criminal justice reform. Myths about …

Scientific Evidence Admissibility: Improving Judicial Proceedings To Decrease Erroneous Outcomes, Leica Kwong

Themis: Research Journal of Justice Studies and Forensic Science

In the United States, Federal Rules of Evidence 702, the Frye and Daubert standards govern the admissibility of scientific evidence in the courtroom. Some states adopted Frye while others adopted Daubert, causing varying judicial outcomes. The verdicts in some cases may be erroneous due to a nationally used standard. Frye has broad criteria of requiring scientific evidence to be generally accepted. While Daubert contains more requirements for the evidence to be admissible, such as peer review, publication, and scientific principles. Daubert, alongside FRE 702, provides a thorough guideline for trial judges who have the gatekeeping role to decide admissibility aiming …

Life After Daubert V. Merrell Dow: Maine As A Case Law Laboratory For Evidence Rule 702 Without Frye, Leigh Stephens Mccarthy

Maine Law Review

In reaching its recent decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court grappled not with case law but with fundamental questions about the nature of science and its role in law. The court in Daubert addressed the problematic issue of admissibility of expert scientific testimony. In the end the Court rejected as an exclusionary rule the venerable standard set in 1923 by Frye v. United States. Frye held that scientific testimony was to be excluded unless it had gained “general acceptance” in its field. Daubert held that Rule 702 of the Federal Rules of Evidence …

Scientific Evidence And Forensic Science Since Daubert: Maine Decides To Sit Out On The Dance, Thomas L. Bohan

Maine Law Review

In 1993, the Supreme Court of the United States stated that with the federal adoption of statutory rules of evidence in 1975, the common law rule for determining admissibility of scientific testimony was superseded, and that thenceforth admissibility of scientific testimony was to be determined solely by Federal Rule of Evidence 702 (Rule 702). The Frye standard had been adopted in one form or another by most of the federal circuits and by many of the state courts during the 70 years preceding Daubert. Referred to as the “general acceptance” standard, the Frye standard--although adopted in a variety of forms--had …

The Admissibility Of Trueallele: A Computerized Dna Interpretation System, Katherine L. Moss

Washington and Lee Law Review

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

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 …

Newly Available, Not Newly Discovered, Penny J. White

The Journal of Appellate Practice and Process

Advances in science have made it possible to discover new evidence. This newly discovered evidence is not always admissible as evidence. This essay suggests methods by which appellate courts may approach a balance between the rigid application of limitation periods in serious criminal cases and admitting evidence that proves innocence.

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.

Shaken Baby Syndrome: Who Are The True Experts, Joseph D. Hatina

Cleveland State Law Review

Shaken baby syndrome is a serious form of child maltreatment, often involving infants younger than six months of age. It commonly occurs, yet it is frequently overlooked in its most chronic form and underdiagnosed in its most serious expression. Section II of this article will discuss the symptoms, presentation, and clinical findings of shaken baby syndrome. It will conclude by looking at recommendations from the U.S. Advisory Board on Child Abuse and Neglect. Section III delves into the history, function and statistics of Child Death Review Teams on a national level. The discussion ends by examining Ohio's proposed legislation concerning …

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 …