Forensic Evidence in Court

The interpretation and evaluation of scientific evidence and its presentation in a court of law is central both to the role of the forensic scientist as an expert witness and to the interests of justice. This book aims to provide a thorough and detailed discussion of the principles and practice of evidence interpretation and evaluation by using real cases by way of illustration. The presentation is appropriate for students of forensic science or related disciplines at advanced undergraduate and master's level or for practitioners engaged in continuing professional development activity. The book is structured in three sections. The first sets the scene by describing and debating the issues around the admissibility and reliability of scientific evidence presented to the court. In the second section, the principles underpinning interpretation and evaluation are explained, including discussion of those formal statistical methods founded on Bayesian inference. The following chapters present perspectives on the evaluation and presentation of evidence in the context of a single type or class of scientific evidence, from DNA to the analysis of documents. For each, the science underpinning the analysis and interpretation of the forensic materials is explained, followed by the presentation of cases which illustrate the variety of approaches that have been taken in providing expert scientific opinion.

Autorentext

Craig Adam is based at the School of Physical and Geographical Sciences, Keele University, Keele, UK. He has been involved in forensic science education and research for almost fifteen years while working at Keele University. Originally a physicist by training, he has particular interests in the mathematical and statistical aspects of the discipline, in addition to his research on the physicochemical characterisation of forensic materials, document analysis and blood dynamics. He has published across all these areas, including the textbook Essential Mathematics and Statistics for Forensic Science, available from Wiley-Blackwell. He has extensive experience in developing teaching resources across the spectrum of forensic science and, over recent years, has focused on the interface between science and the court. This has led him to explore the legal, scientific and statistical perspectives driving the evolution of the crucial step in the progress of scientific evidence from the crime scene through the legal debate to its influence on the ultimate decision by the court.

Inhalt

Preface xvi

Part 1 1

1 An Introduction to the Admissibility of Expert Scientific Opinion 3

1.1 Admissibility, Reliability and Scientific Evidence 3

1.2 The Impact of the DNA Revolution 5

1.3 The Miscarriage of Justice 6

1.3.1 The United Kingdom 7

1.3.2 The United States 8

1.3.3 Canada 8

1.3.4 Australia 9

1.4 DNA Reveals Wrongful Convictions 9

1.5 The Causes of Wrongful Conviction 10

1.6 Unreliable Scientific Evidence 11

1.6.1 The Status and Expertise of the Expert Witness 11

1.6.2 The Expert is not Impartial 12

1.6.3 The Evidence was Wrong 13

1.6.4 Exaggerated Evaluation by the Expert 13

1.6.5 Unethical Behaviour 14

1.6.6 Human Error 14

1.6.7 Non-validated Methodology 15

1.6.8 Overconfidence in New Techniques 15

1.7 The Scientist and the Laboratory 16

1.8 Conclusions 17

References 17

Further Reading 18

2 Admissibility from the Legal Perspective 20

2.1 Admissibility, Relevance and Reliability of Evidence 20

2.2 Admissibility in the United States 22

2.2.1 Reliability and the Frye Test 22

2.2.2 Meeting the Frye Criterion: US v Stifel 1970 23

2.2.3 Admissibility and the Gatekeeper Role: The Daubert Test 23

2.2.4 The Daubert Trilogy 25

2.2.5 General Electric v Joiner 1997 25

2.2.6 Kumo Tire Company v Patrick Carmichael 1999 26

2.2.7 Post?]Daubert Hearings: US v Dennis Mooney 2002 26

2.3 Admissibility in Canada 27

2.3.1 R v Mohan 1994 27

2.3.2 R v Abbey 2009 29

2.3.3 R v Trochym 2007 29

2.4 Admissibility in Australia 30

2.4.1 R v Bonython 1984 30

2.4.2 Makita v Sprowles 2001 31

2.4.3 Dasreef Pty Limited v Hawchar 2011 31

2.5 Admissibility in England and Wales 32

2.5.1 R v Turner 1975 33

2.5.2 R v Gilfoyle 2001 33

2.5.3 R v Luttrell 2004 34

2.6 Conclusions on Admissibility 35

2.6.1 Relevance and Expertise 35

2.6.2 The Scientific Basis of the Opinion 35

2.6.3 Weight of Evidence 37

References 37

Further Reading 38

3 Forensic Science and the Law: The Path Forward 39

3.1 National and Legal Developments in the United States 39

3.1.1 Federal Rules of Evidence 40

3.1.2 Strengthening Forensic Science in the United States 2009 41

3.1.3 US Reference Manual on Scientific Evidence 43

3.2 National and Legal Developments in Canada 44

3.2.1 Legal Enquiries into Miscarriages of Justice 44

3.2.2 The Science Manual for Canadian Judges 45

3.3 National and Legal Developments in Australia 46

3.3.1 The Uniform Rules of Evidence 47

3.4 National and Legal Developments in England and Wales 48

3.4.1 Forensic Science on Trial 2005 49

3.4.2 The Law Commission Report 2011 49

3.4.3 The Royal Statistical Society Guides 51

3.4.4 HCSTSC Report Forensic Science 2013 52

3.4.5 UK Government Response (2013) to the Law

Commission Report 52

3.5 Conclusions 53

References 53

Further Reading 54

4 Scientific Opinion and the Law in Practice 56

4.1 Scientific Opinion and the Judicial System 56

4.1.1 Adversarial and Inquisitorial Systems of Justice 56

4.1.2 Scientific Evidence Within the Inquisitorial System 57

4.1.3 Inquisitorial Versus Adversarial 57

4.2 The Scientist in Court 58

4.3 The Role and Duties of the Scientific Expert Witness 59

4.3.1 Definitions of the Role 59

4.3.2 Duties and Responsibilities of the Expert Witness 60

4.4 Quality Control of Analysis and Opinion 61

4.4.1 An Australian Standard for Forensic Analysis 61 4.4.2 Regulation of Forensic Science in the United Kingdom 6...