شهادت‌های جنایی: علم، قانون و شواهد کارشناسی

Honorable Mention in Law & Legal Studies, 2015 PROSE Awards, Association of American Publishers Forensic Testimony: Science, Law and Expert Evidence —favored with an Honorable Mention in Law & Legal Studies at the Association of American Publishers 2015 PROSE Awards—provides a clear and intuitive discussion of the legal presentation of expert testimony. The book delves into the effects, processes, and battles that occur in the presentation of opinion and scientific evidence by court-accepted forensic experts. It provides a timely review of the United States Federal Rules of Evidence (FRE) regarding expert testimony, and includes a multi-disciplinary look at the strengths and weaknesses in forensic science courtroom testimony. The statutes and the effects of judicial uses (or non-use) of the FRE, Daubert , Kumho , and the 2009 NAS Report on Forensic Science are also included. The presentation expands to study case law, legal opinions, and studies on the reliability and pitfalls of forensic expertise in the US court system. This book is an essential reference for anyone preparing to give expert testimony of forensic evidence. Honorable Mention in the 2015 PROSE Awards in Law & Legal Studies from the Association of American Publishers A multi-disciplinary forensic reference examining the strengths and weaknesses of forensic science in courtroom testimony Focuses on forensic testimony and judicial decisions in light of the Federal Rules of Evidence, case interpretations, and the NAS report findings Case studies, some from the Innocence Project, assist the reader in distinguishing good testimony from bad

Expert witness books tend to be dry and strictly formulative in style. Most provide lists of evidence rules (in mind-numbing legalese) and tips about being clever and convincing in court. You won’t find much of that in Forensic Testimony: Science, Law and Forensic Evidence.

His book focuses on the responsibilities of witnesses going into courts to speak on their forensic technical expertise and analyses. Forensic Testimony does have a broad view of legal terms and vocabulary available as a glossary, but each of the 12 chapters take on the hard subjects present in today’s cases, courtrooms, and news media. Information regarding “junk” versus “established or validated” forensic subjects. These topics are sharply discussed and cover subjects such as forensic fraud, forensic negligence, and incompetence. So expect the “good” with the “bad” as this book shows why the NAS 2009 report of “Strengthening Forensic Science in the United States" has been singularly ignored by most forensic practitioner groups. This is a true failure of effect never seen in the history of the National Research Council researchers of the NAS (formed in 1916 to provide independent scientific advice for the US government). Full documentation of failures of individual experts and some less than scientifically validated forensics are compared to proper conduct, attitude and presentation of actual “scientific data” versus personal opinion. The fallacy in forensic circles that “it’s not real science but we still do good work” is thrown against cases of criminal exonerations after erroneous convictions aided by misguided forensic experts and their “court-accepted” but “not so validated” methods.

In closing, Forensic Testimony should be an eye-opener for students studying criminal justice and forensic science. The old-guard forensic experts (and their progeny) are well described as they continue to preach their self-righteous claims of 100% accuracy and service to their communities as a substitute for proper validation. Prosecution lawyers and their opponents in the Criminal Defense bar will learn about how wrongful convictions are occurring throughout the US justice system when bad forensics or overreaching forensic experts participate in courts. Judges interested in education and legal research should find the book stimulating with its content of case-based critique of expert witnesses calling themselves “scientists” but lacking a grasp of the scientific method as support.

• A multi-disciplinary forensic reference examining the strengths and weaknesses of forensic science in courtroom testimony
• Focuses on forensic testimony and judicial decisions in light of all the Rules, case interpretations, and the NAS report findings
• Case studies, some from the Innocence Project, assist the reader in distinguishing good testimony from bad
  

__Forensic Testimony: Science, Law and Expert Evidence__--favored with an Honorable Mention in Law & Legal Studies at the Association of American Publishers' 2015 PROSE Awards--provides a clear and intuitive discussion of the legal presentation of expert testimony. The book delves into the effects, processes, and battles that occur in the presentation of opinion and scientific evidence by court-accepted forensic experts. It provides a timely review of the United States Federal Rules of Evidence (FRE) regarding expert testimony, and includes a multi-disciplinary look at the strengths and weaknesses in forensic science courtroom testimony. The statutes and the effects of judicial uses (or non-use) of the FRE,__Daubert__,__Kumho__, and the 2009 NAS Report on Forensic Science are also included. The presentation expands to study case law, legal opinions, and studies on the reliability and pitfalls of forensic expertise in the US court system. This book is an essential reference for anyone preparing to give expert testimony of forensic evidence.Honorable Mention in the 2015 PROSE Awards in Law & Legal Studies from the Association of American PublishersA multi-disciplinary forensic reference examining the strengths and weaknesses of forensic science in courtroom testimonyFocuses on forensic testimony and judicial decisions in light of the Federal Rules of Evidence, case interpretations, and the NAS report findingsCase studies, some from the Innocence Project, assist the reader in distinguishing good testimony from bad Content: Front Matter, Page iii Copyright, Page iv Dedication, Page v Preface, Pages xiii-xiv Foreword, Page xv Acknowledgements, Pages xvii-xviii Introduction, Pages xix-xxxii Chapter 1 - The History of Experts in English Common Law, with Practice Advice for Beginning Experts, Pages 1-21 Chapter 2 - Science and Forensic Science, Pages 23-39 Chapter 3 - The Admissibility of Forensic Expert Evidence, Pages 41-56 Chapter 4 - Professional Forensic Expert Practice, Pages 57-78 Chapter 5 - Managing Your Forensic Case from Beginning to End: It’s All about Communication, Pages 79-96 Chapter 6 - Character Traits of Expert Witnesses: The Good and the Bad, Pages 97-107 Chapter 7 - Voir Dire and Direct Examination of the Expert, Pages 109-124 Chapter 8 - Cross-examination: The Expert’s Challenge and the Lawyers’ Strategies, Pages 125-145 Chapter 9 - Uniqueness and Individualization in Forensic Science, Pages 147-178 Chapter 10 - Forensic Failures, Pages 179-205 Chapter 11 - Forensic Expert Ethics: Cases and Concepts about Ethical Forensic Practice and Testimony in Court, Pages 207-220 Chapter 12 - The Unparalleled Power of Expert Testimony, Pages 221-235 Appendix, Pages 237-245 Legal Terminology, Pages 247-254 Index, Pages 255-263 Focuses on the responsibilities of witnesses going into courts to speak on their forensic technical expertise and analyses. This book includes Common Law and US Statutory Rules regarding scientific evidence from expert witnesses. It covers how courts and lawyers regard scientific evidence introduced by forensic experts.