Forensic Evidence in Court, Evaluation and Scientific Opinion by Adam, Craig -- Read -- Imperial Library of Trantor

Index

Cover Title Page Table of Contents Preface Part 1

1 An Introduction to the Admissibility of Expert Scientific Opinion

1.1 Admissibility, Reliability and Scientific Evidence 1.2 The Impact of the DNA Revolution 1.3 The Miscarriage of Justice 1.4 DNA Reveals Wrongful Convictions 1.5 The Causes of Wrongful Conviction 1.6 Unreliable Scientific Evidence 1.7 The Scientist and the Laboratory 1.8 Conclusions References Further Reading

2 Admissibility from the Legal Perspective

2.1 Admissibility, Relevance and Reliability of Evidence 2.2 Admissibility in the United States 2.3 Admissibility in Canada 2.4 Admissibility in Australia 2.5 Admissibility in England and Wales 2.6 Conclusions on Admissibility References Further Reading

3 Forensic Science and the Law: The Path Forward

3.1 National and Legal Developments in the United States 3.2 National and Legal Developments in Canada 3.3 National and Legal Developments in Australia 3.4 National and Legal Developments in England and Wales 3.5 Conclusions References Further Reading

4 Scientific Opinion and the Law in Practice

4.1 Scientific Opinion and the Judicial System 4.2 The Scientist in Court 4.3 The Role and Duties of the Scientific Expert Witness 4.4 Quality Control of Analysis and Opinion 4.5 Conclusion References Further Reading

Part 2

5.1 Analysis, Interpretation and Evaluation 5.2 The Role and Outcomes of Forensic Investigation 5.3 Fact and Opinion 5.4 Expert Opinion and the Forensic Science Paradigm 5.5 What are Propositions? 5.6 Competing Propositions in the Court References Further Reading

6 Case Studies in Expert Opinion

6.1 Case Study 1: Facial Comparison Evidence 6.2 Case Study 2: Ear‐mark Identification 6.3 Case Study 3: Glass and Gunshot Residue 6.4 Conclusions References Further Reading

7 Formal Methods for Logical Evaluation

7.1 Frequentist and Bayesian Approaches to Evaluation 7.2 The Likelihood Ratio Method 7.3 Expressing Opinion Through Likelihood Ratio 7.4 Evaluation and Bayes' Theorem 7.5 Prior Odds 7.6 Posterior Probabilities 7.7 Working Out Conditional Probabilities and Likelihood Ratio 7.8 Conclusions References Further Reading

8 Case Studies in Probabilistic Opinion

8.1 People v Collins 1968 8.2 R v Michael Shirley 2003 8.3 R v D J Adams 1996, 1998 8.4 The Defendant's Fallacy: R v J 2009 8.5 Conclusion References Further Reading

9 Cognitive Bias and Expert Opinion

9.1 Cognitive Bias 9.2 Contextual Bias 9.3 Other Sources of Bias 9.4 Fingerprint Examination: A Case Study in Bias 9.5 Mitigating Bias 9.6 Mitigating Bias Versus Research on Traces 9.7 Conclusions References Further Reading

Part 3

10 The Evaluation of DNA Profile Evidence

10.1 DNA Profiling Techniques – A Brief History 10.2 Databases in DNA Profiling 10.3 Interpretation and Evaluation of Conventional DNA Profiles 10.4 Suspect Identification from a DNA Database 10.5 Case Studies of DNA in the Court 10.6 Current Practice for Evaluating DNA Profile Evidence 10.7 DNA – The Only Evidence 10.8 Errors and Mistakes in Forensic DNA Analysis 10.9 Conclusions References Further Reading

11 Low Template DNA

11.1 Technical Issues 11.2 Importance of the Chain of Custody: Queen v Sean Hoey 2007 11.3 The Caddy Report 2008 11.4 Case Studies in LTDNA opinion in the UK Courts 11.5 LTDNA in Jurisdictions Outside the United Kingdom 11.6 Conclusions References Further Reading

12 Footwear Marks in Court

12.1 The Analysis and Interpretation of Footwear Marks 12.2 Match Opinion: R v D S Hall 2004 12.3 The Likelihood Ratio Approach to Evaluation of Footwear Marks 12.4 Standardising Scales for Expert Opinion 12.5 Challenges to Opinion on Footwear Evidence: R v T 2010 12.6 Discussion of R v T 12.7 Footwear Mark Evidence After R v T: R v South 2011 12.8 ENFSI Recommendations on Logical Evaluation 2015 12.9 Conclusions References Further Reading

13 Fingerprints and Finger‐Marks – Identifying Individuals?

13.1 Fingerprint Identification on Trial 13.2 ACE‐V: A Scientific Method? 13.3 Evaluation Criteria 13.4 Evolution of the Basis of Fingerprint Opinion in the Court 13.5 A Critical Summary of Fingerprint Identification 13.6 Challenges to Fingerprint Testimony 13.7 Identifying a Mark from a Database 13.8 Admissibility of Fingerprint Evidence 13.9 Towards a Probabilistic Evaluation of Fingerprint Evidence 13.10 Conclusions References Further Reading

14 Trace Evidence, Databases and Evaluation

14.1 Analytical Methodologies for Glass, Fibres and GSR 14.2 Databases for Source and Activity Levels 14.3 Glass Evidence in Court 14.4 Fibre Evidence in Court: R v Dobson 2011, R v Norris 2013 14.5 Gunshot Residue (GSR) Evidence in Court 14.6 Conclusions References Further Reading

15 Firearm and Tool‐Mark Evidence

15.1 Pattern Matching of Mechanical Damage 15.2 The Interpretation and Evaluation of Tool‐Mark Evidence 15.3 Critical Review of Tool‐Mark Evaluation 15.4 Consecutive Matching Striations 15.5 Databases 15.6 Tool‐Marks and Evaluation by Likelihood Ratio 15.7 Firearms Evidence in the US Courts 15.8 Concluding Comments on Firearms Cases References Further Reading

16 Expert Opinion and Evidence of Human Identity

16.1 Introduction to Ear‐Marks 16.2 R v Kempster 2003, 2008 16.3 State v Kunze 1999 16.4 Review of Ear‐Mark Cases 16.5 Introduction to Bite‐Mark Evidence 16.6 The ABFO Guidelines and Expert Opinion 16.7 Bite‐Mark Cases in the United States 16.8 Body Biometrics: Facial Mapping and Gait 16.9 Conclusion References Further Reading

17 Questioned Documents

17.1 Handwriting and Signature Comparison – A Scientific Methodology? 17.2 Scales of Expert Opinion 17.3 Jarrold v Isajul and Others 2013 17.4 Gale v Gale 2010 17.5 The Bridgewater Four (R v Hickey and Others) 1997 17.6 R v Previte 2005 17.7 Admissibility and Other Issues in Handwriting and Signature Evidence 17.8 Admissibility and Evaluation in the US Courts 17.9 Conclusions References Further Reading

18 Bloodstain Pattern Analysis

18.1 The Nature of Bloodstain Pattern Evidence 18.2 Issues for BPA Expert Opinion in the Courts 18.3 The Scientific Basis of Bloodstain Pattern Analysis: The Murder of Marilyn Sheppard 18.4 Three Approaches to the Presentation of Blood Evidence 18.5 The Problem of Expirated Blood 18.6 Experts in Disagreement: R v Perlett 2006 18.7 Conclusions References Further Reading

19 Conflicting Expert Opinion: SIDS and the Medical Expert Witness

19.1 Eminent Experts: Issues and Conflicts 19.2 R v Clark 2000, 2003 19.3 A Bayesian Analysis: Murder or SIDS? 19.4 R v Cannings 2004 19.5 Trupti Patel 2003 19.6 Conclusions References Further Reading

Appendix: Some Legal Terminology Index of Cases, Individuals and Inquiry Reports General Index End User License Agreement