Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (11)
- Criminal Procedure (9)
- Evidence (9)
- Science and Technology Law (8)
- Law Enforcement and Corrections (6)
-
- Law and Society (6)
- Courts (5)
- Judges (5)
- Constitutional Law (4)
- Legal Ethics and Professional Responsibility (4)
- Law and Psychology (3)
- Medicine and Health Sciences (3)
- State and Local Government Law (3)
- Civil Rights and Discrimination (2)
- Jurisprudence (2)
- Mental and Social Health (2)
- Public Law and Legal Theory (2)
- Comparative and Foreign Law (1)
- Computer Law (1)
- European Law (1)
- Food and Drug Law (1)
- Fourteenth Amendment (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Intellectual Property Law (1)
- International Law (1)
- Legal Profession (1)
- Institution
- Publication
- Publication Type
Articles 1 - 16 of 16
Full-Text Articles in Law
A Discouraging Omen: A Critical Evaluation Of The Approved Uniform Language For Testimony And Reports For The Forensic Latent Print Discipline, Simon A. Cole
Georgia State University Law Review
The theme of the 2018 Georgia State University Law Review symposium is the Future of Forensic Science Reform. In this Article, I will assess the prospects for reform through a critical evaluation of a document published in February 2018 by the United States Department of Justice (DOJ), the Approved Uniform Language for Testimony and Reports for the Forensic Latent Print Discipline (ULTR).
I argue that this document provides reason to be concerned about the prospects of forensic science reform. In Part I, I discuss the background of the ULTR. In Part II, I undertake a critical evaluation of the ULTR. …
The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman
The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman
Georgia State University Law Review
As this Article sets forth, once a computerized algorithm is used by the government, constitutional rights may attach. And, at the very least, those rights require that algorithms used by the government as evidence in criminal trials be made available—both to litigants and the public. Scholars have discussed how the government’s refusal to disclose such algorithms runs afoul of defendants’ constitutional rights, but few have considered the public’s interest in these algorithms—or the widespread impact that public disclosure and auditing could have on ensuring their quality.
This Article aims to add to that discussion by setting forth a theory of …
The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako
The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako
Georgia State University Law Review
The use of an array of scientific techniques and technologies is now considered customary within criminal justice, with technological developments and scientific advancements regularly added to the crime investigator’s arsenal. However, the scientific basis, reliability, and fallibility of the application of such “forensic science” (and the resulting scientific evidence) continues to come under intense scrutiny. In response to apparently irremediable problems with the quality of scientific evidence in the United Kingdom (UK), the government created the role of “Forensic Science Regulator” in 2007.
The introduction of a regulator was intended to establish quality standards for all forensic science providers in …
Three Transformative Ideals To Build A Better Crime Lab, Nicole B. Cásarez, Sandra G. Thompson
Three Transformative Ideals To Build A Better Crime Lab, Nicole B. Cásarez, Sandra G. Thompson
Georgia State University Law Review
This Article proposes that policy makers should consider establishing their jurisdiction’s crime laboratories as government corporations independent of law enforcement as a means of improving their quality and efficiency. Simply building new buildings or seeking accreditation will not solve the endemic problems that crime laboratories have faced. Rather, we propose that crime laboratories be restructured with a new organizational framework comparable to the Houston Forensic Science Center's (HFSC) status as a local government corporation (LGC), which has proven to be conducive to creating a new institutional culture.
From our experience with the HFSC, we also believe that crime laboratories are …
Georgia State Law Review Symposium Keynote Address: Uncovering Forensic Flaws - An Outside Perspective, Spencer S. Hsu
Georgia State Law Review Symposium Keynote Address: Uncovering Forensic Flaws - An Outside Perspective, Spencer S. Hsu
Georgia State University Law Review
This transcript is a reproduction of the Keynote Address by Spencer Hsu at the 2017–2018 Georgia State University Law Review Symposium — From the Crime Scene to the Court room: The Future of Forensic Science Reform — on April 6, 2018.
Spencer Hsu is an investigative reporter at the Washington Post, a two-time Pulitzer Prize finalist, and a national Emmy Award nominee.
The Overdose/Homicide Epidemic, Valena E. Beety
The Overdose/Homicide Epidemic, Valena E. Beety
Georgia State University Law Review
This Article explores the lack of regulation of coroners, concerns within the forensic science community on the reliability of coroner determinations, and ultimately, how elected laypeople serving as coroners may influence the rise in drug-induced homicide prosecutions in the midst of the opioid epidemic.
This Article proposes that the manner of death determination contributes to overdoses being differently prosecuted; that coroners in rural counties are more likely to determine the manner of death for an illicit substance overdose is homicide; and that coroners are provided with insufficient training on interacting with the criminal justice system, particularly on overdose deaths. Death …
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
Medicapt In The Democratic Republic Of The Congo: The Design, Development, And Deployment Of Mobile Technology To Document Forensic Evidence Of Sexual Violence, Karen Naimer, Widney Brown, Ranit Mishori
Medicapt In The Democratic Republic Of The Congo: The Design, Development, And Deployment Of Mobile Technology To Document Forensic Evidence Of Sexual Violence, Karen Naimer, Widney Brown, Ranit Mishori
Genocide Studies and Prevention: An International Journal
This review essay provides an overview of the MediCapt app and the steps Physicians for Human Rights has taken to design, develop, and field-test the app in the Democratic Republic of the Congo. It also explores advocacy opportunities that the app’s emerging technology may facilitate down the road. This review essay also identifies the many challenges and questions that we have grappled with and lessons learned as we seek to deploy MediCapt in a low-resourced and politically unstable context and take it to scale beyond DRC. Finally, in sharing the details of this case study, we hope to emphasize both …
The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger
The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger
Robert M. Sanger
Forensic Evidence - Toward A Legacy Of Truth-Telling And Fair Trial For International Criminal Tribunals, Beth S. Lyons
Forensic Evidence - Toward A Legacy Of Truth-Telling And Fair Trial For International Criminal Tribunals, Beth S. Lyons
Beth S. Lyons
No abstract provided.
Sharpening The Tools Of An Adequate Defense: Providing For The Appointment Of Experts For Indigent Defendants In Child Death Cases Under Ake V. Oklahoma, Laurel Gilbert
San Diego Law Review
This Comment proposes that because of ongoing concerns regarding the reliability and validity of forensic science in the United States, the Due Process Clause constitutionally mandates the appointment of forensic experts for indigent defendants in criminal cases arising out of a child’s death if the prosecution relies on forensic evidence. Part II of this Comment provides an overview of the current law governing the admissibility of forensic expert testimony in criminal cases and explains why these admissibility standards create a need for the appointment of defense forensic experts to protect the rights of criminal defendants. Part III then discusses Due …
Remedying Wrongful Execution, Meghan J. Ryan
Remedying Wrongful Execution, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state’s district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court’s investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and …
Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie
Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie
Richard E. Redding
Judges play a central role in decision making in the justice system. This chapter reviews the extant empirical research on judicial decision making in criminal, juvenile, and civil cases. We discuss judges’ decision making about forensic mental health evidence introduced in these cases, judicial receptivity to various kinds of evidence, and their understanding of clinical and scientific evidence as well as the ways they make rulings about such evidence. We focus on decision making at the trial court level, in those arenas that are most relevant to the forensic mental health practitioner (psychiatrist, psychologist, or social worker) who is called …
Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie
Judicial Decision Making About Forensic Mental Health Evidence, Richard E. Redding, Daniel C. Murrie
Richard E. Redding
Judges play a central role in decision making in the justice system. This chapter reviews the extant empirical research on judicial decision making in criminal, juvenile, and civil cases. We discuss judges’ decision making about forensic mental health evidence introduced in these cases, judicial receptivity to various kinds of evidence, and their understanding of clinical and scientific evidence as well as the ways they make rulings about such evidence. We focus on decision making at the trial court level, in those arenas that are most relevant to the forensic mental health practitioner (psychiatrist, psychologist, or social worker) who is called …
Open Discussion: Role Of Scientific Evidence
Open Discussion: Role Of Scientific Evidence
Indiana Law Journal
Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.
The Brady Solution: A Due Process Remedy For Those Convicted With Evidence From Faulty Crime Labs, Laurel P. Gorman
The Brady Solution: A Due Process Remedy For Those Convicted With Evidence From Faulty Crime Labs, Laurel P. Gorman
University of San Francisco Law Review
No abstract provided.