Forensic Science Under Siege: The Challenges of Forensic Laboratories and the Medico-Legal Investigation System
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Table of contents
- FORENSIC SCIENCE UNDER SIEGEiii
- Copyright Pageiv
- Table of Contentsvii
- FOREWORDxi
- PREFACExiii
- ACKNOWLEDGEMENTSxxiii
- CHAPTER 1: FORENSIC SCIENCE: CELEBRATED AND VILIFIED1
- WHAT IS FORENSIC SCIENCE, ANYWAY?4
- NATURAL SCIENCE VS. APPLIED SCIENCE5
- WITHSTANDING THE TEST OF TIME7
- THE SCIENCE WARS8
- HOW FORENSIC SCIENCE IS CELEBRATED AND VILIFIED10
- IS FORENSIC SCIENCE BROKEN? EXPERTS HAVE THEIR SAY16
- THE NEEDS OF THE FORENSIC SCIENCE COMMUNITY21
- REFERENCES23
- RECOMMENDED READING24
- ENDNOTES24
- CHAPTER 2: THE STAKEHOLDERS IN FORENSIC SCIENCE: ROLES, PERSPECTIVES, AND EXPECTATIONS25
- THE STAKEHOLDERS25
- COLLABORATION IN ACTION: THE COURTROOM WORKGROUP32
- THE OVERLOOKED STAKEHOLDER?33
- ON COMMON GROUND: THE COURTROOM TRIAL35
- REFERENCES36
- RECOMMENDED READING37
- CHAPTER 3: AN INTRODUCTION TO THE U. S. FORENSIC LABORATORY SYSTEM39
- THE EVIDENCE: GARBAGE IN, GARBAGE OUT43
- REFERENCES48
- RECOMMENDED READING49
- CHAPTER 4: THE U. S. FORENSIC LABORATORY SYSTEM UNDER SIEGE51
- THE DIRTY DOZEN: COMMON CHARGES LEVIED AGAINST LABS55
- THE TALES OF TWO LABS UNDER THE MICROSCOPE97
- REFERENCES106
- RECOMMENDED READING107
- ENDNOTES107
- CHAPTER 5: THE REALITY OF THE U. S. FORENSIC LABORATORY SYSTEM109
- CRIME LAB FUNDING121
- HUMAN RESOURCE ISSUES124
- NEEDS ASSESSMENTS OF FORENSIC LABORATORIES127
- REFERENCES135
- RECOMMENDED READING136
- CHAPTER 6: AN INTRODUCTION TO THE U. S. MEDICO-LEGAL DEATH INVESTIGATION SYSTEM137
- ROLE CALL: THE CAST OF CHARACTERS IN MEDICO-LEGAL DEATH INVESTIGATION139
- PLAYING BY THE (REAL) RULES OF MEDICO-LEGAL DEATH INVESTIGATION143
- REFERENCES145
- RECOMMENDED READING146
- CHAPTER 7: THE U.S. MEDICO-LEGAL DEATH INVESTIGATION SYSTEM UNDER SIEGE147
- A HUMANŽ SCIENCE?147
- THE PROBLEM OF THE COWBOYŽ EXAMINER149
- THE EVERYDAY CHALLENGES152
- REFERENCES157
- CHAPTER 8: THE REAL STORY OF THE U.S. MEDICO-LEGAL DEATH INVESTIGATION SYSTEM159
- THE HISTORY OF ME AND CORONER SYSTEMS: THE SONG REMAINS THE SAME, OR SECOND VERSE, SAME AS THE FIRST159
- NEW ATTENTION TO OLD ISSUES164
- A PATCHWORK OF JURISDICTIONS166
- ALL INVESTIGATORS ARE NOT CREATED EQUAL: MAKING A CASE FOR AND AGAINST THE CORONER168
- COMPARING MEDICAL EXAMINER AND CORONER SYSTEMS172
- THE VALUE OF FORENSIC PATHOLOGISTS AND THE CHALLENGES THEY FACE173
- INFECTIOUS DISEASE SURVEILLANCE, BIOTERRORISM, MASS DISASTERS, AND HOMELAND SECURITY ISSUES181
- FEDERAL SUPPORT OF MEDICO-LEGAL OFFICES AND AGENCIES185
- THE QUALITY OF MEDICO-LEGAL DEATH INVESTIGATION IN THE UNITED STATES190
- QUALITY OF SERVICE AND ACCREDITATION OF MEDICO-LEGAL OFFICES194
- THE INFRASTRUCTURE NEEDS OF MEDICO-LEGAL OFFICES197
- OCCUPATIONAL HEALTH ISSUES202
- EDUCATION AND TRAINING203
- CONTINUING EDUCATION204
- TRAINING FOR MEDICO-LEGAL DEATH INVESTIGATORS206
- ASSESSING FORENSIC PATHOLOGY PROGRAMS REVEALS VITAL DEMOGRAPHIC DATA206
- RESEARCH ISSUES210
- FUNDING OF THE U.S. MEDICO-LEGAL DEATH INVESTIGATION SYSTEM214
- MEDICO-LEGAL OFFICES AND FORENSIC LABORATORIES: A SYMBIOTIC RELATIONSHIP215
- REFERENCES215
- RECOMMENDED READING217
- ENDNOTE219
- CHAPTER 9: THE COURTS: BATTLEFIELD FOR THE TRUTH AND A CHANGING PARADIGM221
- THE PARADIGM SHIFT222
- THE SHIFTY PARADIGM226
- SCIENCE AND THE LAW: CLASH OF THE TITANS230
- REFERENCES233
- RECOMMENDED READING233
- CHAPTER 10: NOT ALL SCIENCE IS CREATED EQUAL235
- DO WE UNDERSTAND SCIENCE?235
- DO WE UNDERSTAND SCIENTISTS?239
- WHAT IS SCIENCE?239
- EXPECTATIONS OF SCIENCE241
- COMPARING SCIENCE AND THE LAW245
- THE AGE OF JUNK SCIENCE246
- PSEUDO-SCIENCE: WILL WE KNOW IT WHEN WE SEE IT?248
- THE DEFINITION OF PSEUDO-SCIENCE252
- THE SCIENCES MOST UNDER SIEGE: THE PATTERN IDENTIFICATION SCIENCES253
- WHERE’S THE SCIENCE? THE IDENTIFICATION COMMUNITY ANSWERS BACK273
- FINGERPRINTS AND CASE LAW275
- THE NEEDS OF THE IDENTIFICATION SCIENCES COMMUNITY282
- REFERENCES285
- RECOMMENDED READING287
- ENDNOTE289
- CHAPTER 11: DNA: CONVICTING THE GUILTY, EXONERATING THE INNOCENT291
- DNA TYPING294
- TRIAL ISSUES RELATED TO DNA303
- TRENDS IN THE ADMISSIBILITY OF DNA EVIDENCE307
- LABORATORY QUALITY-RELATED ISSUES AND DNA312
- ERRORS AND CONTAMINATION314
- DNA AND WRONGFUL CONVICTIONS317
- THE POWER OF DNA: AN ANALYSIS OF NATIONWIDE FORENSIC DNA CAPABILITIES AND CAPACITY324
- REFERENCES337
- RECOMMENDED READING338
- CHAPTER 12: THE EVIDENCE TRILOGY AND FORENSIC SCIENCE341
- IN THE BEGINNING, THERE WAS FRYE342
- THE LEGACY OF FRYE344
- FRYE VERSUS DAUBERT345
- POST-DAUBERT CHALLENGES TO FORENSIC SCIENCE346
- THE SUPREME COURT’S INTEREST IN SCIENTIFIC EVIDENCE347
- THE EVIDENCE TRILOGY IS DISSECTED348
- THE IMPACT OF THE EVIDENCE TRILOGY348
- GETTING TO THE HEART OF EACH DECISION349
- THE SCIENCE WARS AFTER DAUBERT: EVALUATING EVIDENCE352
- THE VARIABLE INTERPRETATIONS OF DAUBERT355
- THE BOTTOM LINE356
- LEGAL PERCEPTIONS OF SCIENCE AND EXPERT KNOWLEDGE358
- THE SUPREME COURTS CRIMINAL DAUBERTŽ CASES359
- WHERE DO WE GO FROM HERE?362
- REFERENCES363
- RECOMMENDED READING365
- ENDNOTES366
- CHAPTER 13: THE STAKEHOLDERS IN COURT: JUDGES, JURIES, EXPERTS, AND ATTORNEYS367
- JUDGES AS GATEKEEPERS OF FORENSIC EVIDENCE367
- ADMISSIBILITY AND FORENSIC EVIDENCE: KEEPING THE FAITH372
- ALL JUDGES ARE NOT CREATED EQUAL373
- EXPERT WITNESSES: A JUDGE’S FRIEND OR FOE?381
- ATTORNEYS PREPARE FOR BATTLE385
- SPECIAL CONSIDERATIONS FOR DNA CASES392
- THE JURY AND THE CSI EFFECTŽ398
- THE LEGACY OF THE CSI EFFECTŽ408
- REFERENCES424
- RECOMMENDED READING426
- CHAPTER 14: THE CHAMPIONS OF FORENSIC SCIENCE: ADVOCACY AND FUNDING EFFORTS427
- THE BOTTOM LINE: SHOW ME THE MONEY443
- REFERENCES444
- RECOMMENDED READING444
- CHAPTER 15: THE ROAD TO REDEMPTION: AN AGENDA FOR REFORM445
- A FEW WORDS ABOUT ETHICS AND PROFESSIONALISM470
- ONE LAST THOUGHT477
- MODELS FOR IMPROVEMENT477
- HAS ANYONE ASKED THE FORENSIC COMMUNITY?487
- A MODEL MEDICAL EXAMINER SYSTEM489
- RECOMMENDATIONS FOR IMPROVEMENT OF THE MEDICO-LEGAL DEATH INVESTIGATION SYSTEM494
- REFERENCES501
- RECOMMENDED READING503
- ENDNOTES503
- CHAPTER 16: NEW INITIATIVES AND THE FUTURE OF FORENSIC SCIENCE505
- THE AMERICAN JUDICATURE SOCIETY506
- THE NATIONAL ACADEMIES515
- BUILDING NEW BRIDGES521
- REFERENCE523
- EPILOGUE: LOOKING OUT FOR DECEDENTS AND DEFENDANTS: TAKING A CUE FROM HEALTH CARE525
- ABOUT THE AUTHOR529
- INDEX531
Forensic science laboratories' reputations have increasingly come under fire. Incidents of tainted evidence, false reports, allegations of negligence, scientifically flawed testimony, or - worse yet - perjury in in-court testimony, have all served to cast a shadow over the forensic sciences. Instances of each are just a few of the quality-related charges made in the last few years.
Forensic Science Under Siege is the first book to integrate and explain these problematic trends in forensic science. The issues are timely, and are approached from an investigatory, yet scholarly and research-driven, perspective. Leading experts are consulted and interviewed, including directors of highly visible forensic laboratories, as well as medical examiners and coroners who are commandeering the discussions related to these issues. Interviewees include Henry Lee, Richard Saferstein, Cyril Wecht, and many others.
The ultimate consequences of all these pressures, as well as the future of forensic science, has yet to be determined. This book examines these challenges, while also exploring possible solutions (such as the formation of a forensic science consortium to address specific legislative issues). It is a must-read for all forensic scientists.
* Provides insight on the current state of forensic science, demands, and future direction as provided by leading experts in the field
* Consolidates the current state of standards and best-practices of labs across disciplines
* Discusses a controversial topic that must be addressed for political support and financial funding of forensic science to improve
Forensic Science Under Siege is the first book to integrate and explain these problematic trends in forensic science. The issues are timely, and are approached from an investigatory, yet scholarly and research-driven, perspective. Leading experts are consulted and interviewed, including directors of highly visible forensic laboratories, as well as medical examiners and coroners who are commandeering the discussions related to these issues. Interviewees include Henry Lee, Richard Saferstein, Cyril Wecht, and many others.
The ultimate consequences of all these pressures, as well as the future of forensic science, has yet to be determined. This book examines these challenges, while also exploring possible solutions (such as the formation of a forensic science consortium to address specific legislative issues). It is a must-read for all forensic scientists.
* Provides insight on the current state of forensic science, demands, and future direction as provided by leading experts in the field
* Consolidates the current state of standards and best-practices of labs across disciplines
* Discusses a controversial topic that must be addressed for political support and financial funding of forensic science to improve