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[...]... participating in forensicscienceand evidence seminars at the College of Law xi Contents 1 ScienceandtheCriminalLaw 1 I Scienceandthe Legal Process 1 II ForensicScience Questions 2 III ForensicScienceand Circumstantial Evidence 6 IV Forensic Science, Forensic Evidence, andthe Modern Crime Scene 7 V Scientific Foundations andthe Courts 8 VI Scienceandthe Courts... People v Sutherland: A Case Study .19 The Sutherland Case Facts 20 The Prosecution’s ForensicEvidence:The Tire Tracks .21 The Prosecution’s ForensicEvidence:The Hair Evidence 21 The Prosecution’s ForensicEvidence:The Fiber Evidence 22 The Court’s Analysis: The Hairs and Fibers .23 The Sutherland Case: The Court’s Analyses 25 Sutherland II Case 25 Sutherland Conclusion... 33 2 Science, Forensic Science, and Evidence .41 I Introduction 41 II ForensicScienceand Evidence 44 III Forensic Evidence and History 48 IV Forensic Evidence andthe Crime Scene .50 V Forensic Evidence Basics 52 VI Forensic Evidence and Circumstantial Evidence 55 VII Forensic Science, Probability, andtheLaw 57 VIII ForensicScienceandthe Courts:... logic, and common sense, are to be found in the late 18th century andthesecond half of the 19th century The real history of forensic evidence andthecriminallaw does not begin with the increasingly impressive applications of science since the 1920s and 1930s Until that modern period, Science andthe Criminal Law 7 there were a series of reported decisions employing what might be referred to as forensic. .. cancer in his client The company lawyers have their own experts, who will deny the carcinogenic potential of PCBs In a criminal prosecution for sexual assault and murder, the state wishes to present complex DNA, hair, and fiber testimony to place the defendant at the crime scene.26 10 ForensicEvidence: Science andthe Criminal Law, SecondEdition According to tried and true evidence law theory, any such... member of the DePaul University College of Law faculty since 1972 He teaches in the areas of torts, products liability, criminal law, evidence andforensic evidence During the academic years 1995–1996 he was the Robert A Clifford Professor of Tort Lawand Public Policy His work with the Center for LawandScience involves the maintenance of a comprehensive lawandscience Web site and organizing and participating... in the area of the interaction between science andthe civil andcriminallaw He is the author of five previous books: Preparing Products Liability Cases (John Wiley & Sons, 1987) Using Litigation Databases (John Wiley & Sons, 1989) Modern Tort Litigation (John Wiley & Sons, 1990) ForensicEvidence: Science andthe Criminal Law (CRC Press, 2001) Scienceand Litigation: Products Liability in Theory and. .. without the existence of the minimal type of comparative statistical databases available in more science- based disciplines 6 ForensicEvidence:ScienceandtheCriminal Law, SecondEdition such as DNA typing and population predictability The primarily observational base of a significant amount of forensic sciences’ contribution to thecriminallaw may seem alarming, but close observation has always been the. .. today’s forensicscience has as much in common with inferential, circumstantial evidence theory as it does with modern scientific theory The proving power of the tug of circumstance lies in the fact that the discussion of forensics is had in the context of crime-scene items linked to the defendant in hand IV Forensic Science, Forensic Evidence, andthe Modern Crime Scene The basic methodologies of the. .. scene 4 ForensicEvidence:ScienceandtheCriminal Law, Second Edition These class statements begin the sketch of the person or persons who were present and are essential investigative links in the chain of circumstantial evidence pointing toward a particular suspect The success of such efforts, of course, is directly related to the integrity of the crime-scene preservation The sad results in the recent . of
Law.
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Contents
1. Science and the Criminal Law 1
I. Science and the Legal Process 1
II. Forensic Science Questions 2
III. Forensic Science and. Daubert, and Beyond 61
xiv Forensic Evidence: Science and the Criminal Law, Second Edition
IX. Basic Questions Related to Forensic Science and Forensic