The Methods Of Attacking Scientific Evidence

"The Methods of Attacking Scientific Evidence catalogs potential attacks on the admissibility and weight of expert testimony and scientific evidence and dissects the strategic factors involved"--

The Reference Manual on Scientific Evidence, Third Edition, assists judges in managing cases involving complex scientific and technical evidence by describing the basic tenets of key scientific fields from which legal evidence is typically derived and by providing examples of cases in which that evidence has been used. First published in 1994 by the Federal Judicial Center, the Reference Manual on Scientific Evidence has been relied upon in the legal and academic communities and is often cited by various courts and others. Judges faced with disputes over the admissibility of scientific and technical evidence refer to the manual to help them better understand and evaluate the relevance, reliability and usefulness of the evidence being proffered. The manual is not intended to tell judges what is good science and what is not. Instead, it serves to help judges identify issues on which experts are likely to differ and to guide the inquiry of the court in seeking an informed resolution of the conflict. The core of the manual consists of a series of chapters (reference guides) on various scientific topics, each authored by an expert in that field. The topics have been chosen by an oversight committee because of their complexity and frequency in litigation. Each chapter is intended to provide a general overview of the topic in lay terms, identifying issues that will be useful to judges and others in the legal profession. They are written for a non-technical audience and are not intended as exhaustive presentations of the topic. Rather, the chapters seek to provide judges with the basic information in an area of science, to allow them to have an informed conversation with the experts and attorneys.

Elliott B. Oppenheim practiced family medicine and emergency medicine for nearly eighteen years before attending law school and obtaining a master's degree in health law. He attended Occidental College (BA 1969), The University of California at Irvine (MD 1973), Detroit College of Law at Michigan State University (JD 1995), and Loyola University School of Law, Chicago (LL.M. Health Law 1996). He has written extensively about medical malpractice litigation, the Emergency Medical Treatment and Active Labor Act, and spoliation of evidence in medical negligence litigation and continues to write on medical-legal subjects. Dr. Oppenheim has been active in the field of medical negligence litigation for almost twenty-five years. He heads coMEDco, Inc., a national medical-legal consulting firm as President and CEO. Dr. Oppenheim also teaches health law. SUMMARY TABLE OF CONTENTS Chapter 1. Admissibility of Medical Records Chapter 2. The Recording Sequence Chapter 3. Why There Must Be a Record Chapter 4. Spoliation Chapter 5. Confidentiality and Privilege Chapter 6. Discovery and Trial Techniques This book is a pdf made from a high quality scan of the original.

Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placingforensic science in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder‘scommon sense reasoning. Finally, the volume‘s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.

Covers new trace evidence techniques and expanding areas of analysis, along with key theory and applications Developed around the need for updated information in the disciplines of trace evidence the Handbook of Trace Evidence Analysis focuses on the increasing awareness and need for validation, modern methods for addressing and controlling contamination, the shift towards incorporating statistical analyses into the interpretation phase and cutting edge research into new forensic science methods and their application. Beginning with an overview of the topic and discussing the important role that information derived from trace materials can provide during investigations, the book then presents chapters on key techniques. The first being the critical nature of microscopy, and the methods employed for the recognition, collection, and preservation of trace evidence. Subsequent chapters review the core disciplines of trace evidence examination: paints and polymers, hairs, fibers and textiles and glass. Each chapter contains in-depth discussions on the origin of the materials involved, including any natural or synthetic processes involved in their production, the nuances involved in their detection, and the methods of analysis that are used to extract valuable information from samples. In addition, suggested workflows in method and testing selections, as well as addressing specific scientific challenges as well as the limitations of knowledge on the transfer, persistence and background abundance of trace materials are discussed. The book ends by examining the interpretation of trace evidence findings from a historical perspective and examining the methods that are currently being developed. Provides an in-depth introduction to the general area of trace evidence and discusses current and new techniques Consolidates trace evidence and materials categories of testing into one reference series Offers a detailed focus on technical approaches and guidelines to trace evidence Includes analytical schemes/workflows and valuable guides for the interpretation of data and results The Handbook of Trace Evidence will appeal to forensic science academics, students, and practitioners in the trace evidence and materials science disciplines, as well as DNA analysts, toxicologists, forensic anthropologists, crime laboratory managers, criminal justice students and practitioners, and legal professionals. It would also be a valuable resource for every crime laboratory reference library.