Interpreting Evidence: Evaluating Forensic Science in the Courtroom - Hardcover

Robertson, Bernard; Vignaux, G. A.

 
9780471960263: Interpreting Evidence: Evaluating Forensic Science in the Courtroom

Synopsis

An attorney and an expert in using probability in decision making describe a powerful new approach to presenting scientific evidence and cross examining expert witnesses in court. Using clear practical terms, they explain the principles of interpretation applicable to all forms of scientific evidence. These principles demonstrate how evidence should be imparted by expert witnesses as well as considered and combined with other evidence by jurors. Authentic case studies illustrate the operation of interpretation principles and how the problems which arose in these cases should have been avoided. Specific evidential areas covered include database matching, transfer evidence, blood and DNA evidence, fingerprints, handwriting and behavioral evidence.

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About the Author

Bernard Robertson is a qualified barrister at the Inner Temple in London and is currently senior lecturer in the Department of Business Law at Massey University, New Zealand. Professor G. A. (Tony) Vignaux is Professor of Operations Research at the Institute of Statistics and Operations Research, Victoria University of Wellington, New Zealand. Both authors have co-written numerous articles and conference papers on the interpretation of forensic scientific evidence and on reasoning in evidence generally.

From the Back Cover

* How certain can you be that matching fingerprints have a common origin?
* How reliable are the testing procedures for DNA and blood samples? What inferences can be drawn from the results of such procedures by criminal, family and immigration lawyers?
* If matching glass or fibre traces are found, what value can be placed on this evidence?
The manner in which the defence, prosecution and expert witnesses deal with such questions can decide the outcome of a case. The important new techniques based on principles of logic and probability which the authors advocate in Interpreting Evidence offer litigants and witnesses clear and practical advice on the presentation of physical evidence in a courtroom. Written jointly by a lawyer and an expert in using probability in decision-making, Interpreting Evidence discusses actual case reports (such as the UK Birmingham Six case, the New York case of People v Castro, the O.J. Simpson trial in Los Angeles and the Pengelly case in New Zealand) to illustrate this modern technique of interpreting scientific evidence. Equally applicable in every modern jurisdiction, Interpreting Evidence is essential reading for criminal, family and immigration lawyers as well as prosecution services, the judiciary and forensic scientists. For teachers and students of evidence this book will be invaluable as a teaching and discussion tool.

"The general thesis of the book is admirable and the writing is very good indeed. It deserves to have considerable influence on the appreciation of scientific evidence in law." Professor Dennis Lindley, Professor of Statistics, University College London, UK (retired).

"I am sure that this will become a standard work for all who need to understand the logic of evaluating evidence. The authors have taken great pains to avoid complicated mathematics and expose, with remarkable clarity, the essential principles of this fascinating, yet neglected, subject." Dr Ian Evett, Home Office Forensic Science Service, UK.

"This is a book that must be read by anybody for whom scientific evidence may be important. Novices will find this book a clear guide ... to understanding how scientific evidence should be presented in litigation. Those who think of themselves as experts will find themselves stimulated by the able presentation and vigorous advocacy of the authors' approach." Professor Richard Friedman, Professor of Law, University of Michigan, USA.

From the Inside Flap

Interpreting Evidence Evaluating Forensic Science in the Courtroom Bernard Robertson ? Professor G. A. Vignaux With the increasing availability of sophisticated methods of analyzing physical evidence, the weight attributed to that evidence is becoming more and more important. The decisive factor in a case can often be the methods adopted by both the defence and prosecution to evaluate physical evidence and cross-examine opposing expert witnesses. Interpreting Evidence is a ground-breaking work in this fascinating area of law. It is the first book-length version explaining modern methods of interpreting scientific evidence for lawyers and scientists alike. The methods presented by the authors use basic principles of logic and probability in a non-mathematical and clear manner. Interpreting Evidence avoids describing in great detail the ever changing techniques of forensic scientific examination - instead it explains in clear and logical terms principles of interpretation which are applicable to all forms of scientific evidence. These principles explain how witnesses should present their evidence and how the litigants should attempt to seek out the true value of the evidence. The book is illustrated throughout with studies of reported cases showing how the principles of interpretation advocated by the authors could have been used to avoid the problems which actually arose. In addition to explaining the principles of interpretation, the authors expose some common fallacies which exist in forensic science cases and consider some specific types of scientific evidence in the light of their analysis. The authors also consider the implications of their approach on reforming the law of evidence and procedure.

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