Rowman & Littlefield Publishers
Pages: 196
•
Trim: 6½ x 9½
978-1-4422-0187-3 • Hardback • October 2010 • $133.00 • (£102.00)
978-1-4422-0188-0 • Paperback • October 2010 • $48.00 • (£37.00)
978-1-4422-0189-7 • eBook • October 2010 • $45.50 • (£35.00)
Donald Shelton is Chief Judge of the Michigan 22nd Judicial Circuit and an adjunct professor in the criminal justice and political science departments at Eastern Michigan University. He also serves as a supervising judge for the Washtenaw Juvenile Court. He has previously worked as an attorney and taught at Washtenaw Community College and the University of Maryland.
List of Figures
Introduction
Chapter 1: The History and Development of Forensic Scientific Evidence
Chapter 2: The Problem of Junk Science
Chapter 3: DNA—the New Gold Standard
Admissibility of DNA at Trial
Postconviction DNA Testing
Chapter 4: The "Who" Question
Fingerprint Evidence
Handwriting Comparison
Chapter 5: More "Who" Questions
Hair Analysis
Bite Mark Analysis
Chapter 6: The "How" Question
Toolmarks and Firearms
Bullet Lead Comparison
Fire, Explosion and Arson Evidence
Bloodstain Pattern Evidence
Chapter 7: The "Whether" Question: Social Science Evidence in Criminal Cases
Eyewitness Identification Experts
Forensic Abuse Syndromes
Conclusions about Social Science Evidence
Chapter 8: Jurors and Forensic Science Evidence
The "CSI" Myth
The "Tech" Effect
"Negative" Evidence
Voir Dire, Argument and Jury Instructions
Chapter 9: Conclusions: Where Do We Go From Here?
The Last Twenty Years—An Era of Doubt
Daubert's Change in the Legal Standard for Admissibility
The Emergence of DNA as a New Model for Forensic Scientific Evidence
The Impact of DNA Exonerations
The Impact of the National Academy of Sciences Report
The Impact of New Technology Awareness by Jurors
The Current State of Forensic Science Evidence in Criminal Cases
Thoughts about the Future of Criminal Forensic Science
Appendix: Recommendations of the National Research Council Strengthening Forensic Science in the United States: A Path Forward
Notes
Index
About the Authors
You couldn't find a better source for grasping the issues confronting the field of forensic science today than Forensic Science in Court. As a trial judge, Donald Shelton has observed the legal process from its most critical perspective, so who better than a 'gatekeeper' to guide us? Judge Shelton provides a detailed framework for best practices in all areas of forensic science, for today and in the future. Everyone with a hand in the justice system, from judges to attorneys to expert witnesses, should read this book.
— Katherine Ramsland, DeSales University, author of Beating the Devil's Game: A History of Forensic Science and Criminal Investigation
Judge Shelton's book hits the right balance: it clearly communicates the basic procedures used in each technique but does not dwell too much in any one area. For a very difficult subject matter, it is fairly easy to read, and the case studies really make the issues come alive. Judge Shelton is not afraid to point out the weaknesses both legally and scientifically of some of the procedures.
— Ron Bretz, Thomas M. Cooley Law School
The book offers a searching examination of some of the most sacred of the sacred cows in the scientific evidence field, including: fingerprints, firearms comparisons, psychiatric evaluation, and so on. Former trial lawyer and current judge Donald Shelton has successfully put together an overview of the scientific issues that demand attention in light of modern legal principles. Forensic Science in Court will be a uniquely useful working tool for judges, lawyers, investigators and anyone who aspires to join those professions. It is thoroughly researched, thoughtfully presented and completely readable.
— Nick Rine, University of Michigan Law School
This important book stands at the intersection of law, science, and technology, and it is essential reading for lawyers, judges, jurors, investigators, policy-makers, and citizens who care about their court system. In this highly readable book, Judge Shelton vividly illustrates that all too often forensic evidence does not meet the test of scientific validity.
— Nancy S. Marder, Professor of Law, Chicago-Kent College of Law
Judge Shelton's book is a very readable, entertaining, concise, and enlightening account of the history of the use of forensic science evidence in criminal trials. This book is a valuable resource for lawyers, judges, and students. I highly recommend it.
— Thomas K. Clancy, Director, National Center for Justice and the Rule of Law; University of Mississippi School of Law
- Clearly outlines the legal standards for the admissibility of scientific evidence
- Includes descriptions of the most common forms of scientific evidence in criminal prosecutions and the questions surrounding each of them
- Illustrates each chapter with case studies to bring issues to life and show real-world applications
- Considers how the latest report from the National Research Council may impact the admissibility of forensic evidence
- Discusses the "CSI effect" and how the law is reacting to it
- Analyzes the predisposition of judges to admit evidence seen as scientific