no magic wand the idealization of science in law

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No Magic Wand

Author : David Stanley Caudill
ISBN : 0742550230
Genre : Law
File Size : 32. 33 MB
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Since 1993, Supreme Court precedent has asked judges to serve as gatekeepers to their expert witnesses, admitting only reliable scientific testimony. Lacking a strong background in science, however, some judges admit dubious scientific testimony packages by articulate practitioners, while others reject reliable evidence that is unreasonably portrayed as full of holes. Seeking a balance between undue deference and undeserved skepticism, Caudill and LaRue draw on the philosophy of science to help judges, juries, and advocates better understand its goals and limitations. Published in cooperation with The Center for Public Justice.

Stories About Science In Law

Author : David S. Caudill
ISBN : 9781317049890
Genre : Law
File Size : 68. 72 MB
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Presenting examples of how literary accounts can provide a supplement to our understanding of science in law, this book challenges the view that law and science are completely different. It focuses on stories which explore the relationship between law and science, especially cultural images of science that prevail in legal contexts. Contrasting with other studies of the transfer and construction of expertise in legal settings, this book considers the intersection of three interdisciplinary projects: law and science, law and literature, and literature and science. Looking at the appropriation of scientific expertise into law from these perspectives, this book presents an original introduction into how we can gain insight into the use of science in the courtroom and in policy and regulatory settings through literary sources.

Expert Evidence And Scientific Proof In Criminal Trials

Author : Paul Roberts
ISBN : 9781351567398
Genre : Social Science
File Size : 45. 5 MB
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Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placing ?forensic science? in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder?s ?common sense? reasoning. Finally, the volume?s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.

The Social Life Of Forensic Evidence

Author : Corinna Kruse
ISBN : 9780520288386
Genre : Law
File Size : 29. 86 MB
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In The Social Life of Forensic Evidence, Corinna Kruse provides a major contribution to understanding forensic evidence and its role in the criminal justice system. Arguing that forensic evidence can be understood as a form of knowledge, she reveals that each piece of evidence has a social life and biography. Kruse shows how the crime scene examination is as crucial to the creation of forensic evidence as laboratory analyses, the plaintiff, witness, and suspect statements elicited by police investigators, and the interpretations that prosecutors and defense lawyers bring to the evidence. Drawing on ethnographic data from Sweden and on theory from both anthropology and science and technology studies, she examines how forensic evidence is produced and how it creates social relationships as cases move from crime scene to courtroom. She demonstrates that forensic evidence is neither a fixed entity nor solely material, but is inseparably part of and made through particular legal, social, and technological practices.

Faith And Law

Author : Robert F. Cochran
ISBN : 9780814716724
Genre : Law
File Size : 38. 30 MB
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What does it mean to be a Jewish woman today? To an Orthodox woman, it means living a religious way of life in which serving God totally defines her self-perception and her role as wife and mother. For the secular woman, it means having a sense of belonging, although not necessarily to a specific Jewish community. Most contemporary Jewish women fall somewhere in between, but at the core of all of their identities is a complex interweaving of religious and ethnic elements, a shared history, and a collective memory of periods of prejudice, persecution, wandering, and resettlement. Focusing on Jewish women in the United States and Britain, Adrienne Baker examines such issues as women's role in religious law, the spectrum of synagogue observance, the mother's role as conveyor of tradition, conversion and inter- faith marriages, and sexuality. In particular, the book examines the impact of feminism on Jewish women and their culture, uncovering the counterinfluences of tradition and new freedoms on women's lives.

Prison Religion

Author : Winnifred Fallers Sullivan
ISBN : 9781400830374
Genre : Law
File Size : 43. 84 MB
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More than the citizens of most countries, Americans are either religious or in jail--or both. But what does it mean when imprisonment and evangelization actually go hand in hand, or at least appear to? What do "faith-based" prison programs mean for the constitutional separation of church and state, particularly when prisoners who participate get special privileges? In Prison Religion, law and religion scholar Winnifred Fallers Sullivan takes up these and other important questions through a close examination of a 2005 lawsuit challenging the constitutionality of a faith-based residential rehabilitation program in an Iowa state prison. Americans United for the Separation of Church and State v. Prison Fellowship Ministries, a trial in which Sullivan served as an expert witness, centered on the constitutionality of allowing religious organizations to operate programs in state-run facilities. Using the trial as a case study, Sullivan argues that separation of church and state is no longer possible. Religious authority has shifted from institutions to individuals, making it difficult to define religion, let alone disentangle it from the state. Prison Religion casts new light on church-state law, the debate over government-funded faith-based programs, and the predicament of prisoners who have precious little choice about what kind of rehabilitation they receive, if they are offered any at all.

Symposium

Author : St. John's University (New York, N.Y.). School of Law
ISBN : STANFORD:36105063756386
Genre : Law
File Size : 37. 75 MB
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Evidence

Author : Kenneth S. Broun
ISBN : 0314168796
Genre : Law
File Size : 90. 99 MB
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The most significant change in the Seventh Edition deals with the revolution in Confrontation Clause jurisprudence occasioned by the Supreme Court's decisions in Crawford v. Washington (2004) and Davis v. Washington (2006). The confrontation section of the book in Chapter 13 is completely revised and substantially expanded. Extensive notes describe the operation of the earlier system of confrontation analysis, the immediate impact, and the areas of continuing uncertainty under Crawford and Davis. The new edition also continues the trend in the Sixth Edition, which dramatically revamped the book's treatment of scientific evidence, and includes a number of new cases and notes regarding scientific evidence because of the dynamic nature of that particular area of evidence law.

Current Publications In Legal And Related Fields

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ISBN : STANFORD:36105064159796
Genre : Bibliography
File Size : 41. 90 MB
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Black Robes White Coats

Author : Rebecca C. Harris
ISBN : STANFORD:36105131670239
Genre : Law
File Size : 44. 30 MB
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Scientific evidence is commonplace in today's criminal trials. From hair and handwriting analysis to ink and DNA fingerprints, scientists have brought their world to bear on the justice system. Combining political analysis, scientific reasoning, and an in-depth study of specific state supreme court cases, Black Robes, White Coats is an interdisciplinary examination of the tradition of "gatekeeping," the practice of deciding the admissibility of novel scientific evidence. Rebecca Harris systematically examines judicial policymaking in three areas ųforensic DNA, polygraphs, and psychological syndrome evidenceųto answer the question: Why is scientific evidence treated differently among various jurisdictions? These decisions have important implications for evaluating our judicial system and its ability to accurately develop scientific policy. While the interaction of these professions occurs because the white coats often develop and ascertain knowledge deemed very useful to the black robes, Harris concludes that the black robes are well positioned to render appropriate rulings and determine the acceptability of harnessing a particular science for legal purposes. First book systematically to gather and analyze judicial decisions on scientific admissibility Analyzes several key cases including Arizona v. Bible and Kansas v. Marks Includes examples of evidence in three appendices: forensic DNA, polygraph evidence, and syndrome evidence Presents an original model of the gatekeeping process

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