Ohio Innocence Project Student Research Guide

Ebook -- access restricted to UC students, faculty & staff.

As forensic technology becomes more sophisticated, courts are demanding more scientific content and juries are expecting meticulous confirmation of facts alleged. Applying physics, chemistry, and engineering to the process of analysis and interpretation, Mechanics of Impression Evidence reflects the shift to these heightened standards and offers a starting point for significant change in the way that impression evidence is considered, utilized, and presented.

When a crime or other incident takes place, clothing items are often present or left behind, and can become directly involved in the case itself. Scientific Protocols for Forensic Examination of Clothing discusses the forensic examination of clothing in criminal cases. It examines the ramifications of DNA profiling and its effect on the screening approach to clothing examination.

Vol. 1. Introduction -- Related procedures -- Competency of witnesses -- Relevance -- Authentication -- Real evidence -- Scientific evidence -- Credibility of witnesses -- Character and habit evidence -- Uncharged misconduct -- The hearsay rule -- Admissions of a party-opponent -- Hearsay exceptions that do not require proof of declarant's unavailability -- Hearsay exceptions requiring proof of the declarant's unavailability -- Expert and lay opinion testimony -- The best evidence rule -- Communications privileges for confidential relations -- Privileges -- Search or seizure -- Probable cause and warrants -- v. 2. Warrantless searches -- Fourth Amendment standing -- The exclusionary rule and derivative evidence -- The voluntariness doctrine -- The McNabb-Mallory rule -- The Miranda doctrine -- The Sixth Amendment right to counsel at interrogations -- Suppression of confessions : the exclusionary rule -- Eyewitness identification -- Burdens of production and proof -- Judicial notice -- Stipulations

This book offers an overview of the theory and principles of evidence. An opening chapter offers a broad conceptual framework for understanding evidence. This framework is then used throughout the text to help the reader achieve a firm grasp of the essentials: relevance, character, hearsay, impeachment, opinion, privileges, and non-conventional forms of evidence. The book also includes an appendix that explains the mechanics of finding, offering, and objecting to evidence. The author has drawn on his thirty years of experience as an evidence professor and a practicing litigator to provide the reader with a solid understanding of what the evidence rules are trying to achieve and how they are going about it.

Introduction -- General provisions -- Collecting, preserving and use of DNA evidence -- Testing of DNA evidence --Pretrial proceedings -- Trial -- Post-conviction --Charging by DNA profile -- DNA databases

Is DNA technology the ultimate diviner of guilt or the ultimate threat to civil liberties? Over the past decade, DNA has been used to exonerate hundreds and to convict thousands. Its expanded use over the coming decade promises to recalibrate significantly the balance between collective security and individual freedom. For example, it is possible that law enforcement DNA databases will expand to include millions of individuals not convicted of any crime. Moreover, depending on what rules govern access, such databases could also be used for purposes that range from determining paternity to assessing predispositions to certain diseases or behaviors. Thus the use of DNA technology will involve tough trade-offs between individual and societal interests. This book, written by a distinguished group of authors including US Supreme Court Justice Stephen Breyer, explores the ethical, procedural, and economic challenges posed by the use of DNA evidence as well as future directions for the technology. After laying the conceptual historical, legal, and scientific groundwork for the debate, the book considers bioethical issues raised by the collection of DNA, including the question of control over DNA databases. The authors then turn to the possible genetic bases of human behavior and the implications of this still-unresolved issue for the criminal justice system. Finally, the book examines the current debate over the many roles that DNA can and should play in criminal justice.

DNA: Forensic and Legal Applications covers the technology and laws related to DNA, as well as the use of DNA evidence in the legal system.

Giving the reader an in-depth understanding of DNA evidence in criminal practice, this text explains in clear language how DNA evidence is obtained and how it can be successfully challenged in court to minimize its impact or even dismiss it completely.

Bridging law, genetics, and statistics, this book is an authoritative history of the long and tortuous process by which DNA science has been integrated into the American legal system. In a history both scientifically sophisticated and comprehensible to the nonspecialist, David H. Kaye weaves together molecular biology, population genetics, the legal rules of evidence, and theories of statistical reasoning as he describes the struggles between prosecutors and defense counsel over the admissibility of genetic proof of identity.

As science has discovered more and more about genetics, the legal implications have also grown; Genetics: A Handbook for Lawyers, the third book in the ABA Fundamentals series, explores these implications, with easy-to-understand discussions of the science and its application in real cases.

A Litigator's Guide to DNA educates litigators, judges, criminalists, students, and others about all aspects of the use of DNA evidence in criminal and civil trials. It includes discussions of the molecular biological basis for the tests, essential laboratory practices, probability theory and mathematical calculations. It presents issues relevant to all parties involved in trying a case, from the prosecution and the defense, and to the judge and jury. T

Genetic Testing and the Criminal Law is a unique international treatment of the dynamic and established criminal investigation technique of DNA testing. Gathering together expert practitioners, judges and researchers from12 countries, each chapter deals with the specific criminal law of the jurisdiction in its interaction with the expanding use of DNA testing in criminal investigations and trials. The chapters cover the criminal law of the United Kingdom, Japan,Australia, Germany, New Zealand, Spain, South Africa, Canada, Italy,Finland, Argentina and Denmark.

This book provides you with a legal and practical approach to the new world of digital information. It provides an overview and history of digital evidence, as well as a thorough discussion of relevant issues, including how you can view and understand informational records, how to ensure that any digital record is authentic, identity issues and more.

The Basics of Digital Forensics provides a foundation for people new to the digital forensics field. This book teaches you how to conduct examinations by discussing what digital forensics is, the methodologies used, key technical concepts and the tools needed to perform examinations.

The Handbook of Digital Forensics and Investigation builds on the success of the Handbook of Computer Crime Investigation, bringing together renowned experts in all areas of digital forensics and investigation to provide the consummate resource for practitioners in the field. This unique collection details how to conduct digital investigations in both criminal and civil contexts, and how to locate and utilize digital evidence on computers, networks, and embedded systems.

This book explains the basic principles of data as building blocks of electronic evidential matter, which are used in a cyber forensics investigations. The text is written in a step-by-step manner, beginning with the elementary building blocks of data progressing upwards to the representation and storage of information.

Criminal law practice is a minefield of legal ethics issues for both the prosecution and defense. There are a myriad of ethical questions requiring not only an understanding of the relevant ethics rules, but also applicable constitutional and statutory law as well as rules of criminal procedure and evidence. This book aims to put these and other ethical questions on the "radar screens" of criminal practitioners and to provide both prosecution and defense with the analysis and authorities necessary to understand the issues and underlying policies. This book gathers in one place ethics columns written over a number of years for the ABA Criminal Justice Section's publication Criminal Justice. Each has been updated and some expanded. Do No Wrong: Ethics for Prosecutors and Defenders is designed to help provide guidance for resolving ethical issues such as: -How far may the prosecution or defense go in using religion in closing argument? -Does the defense lawyer or the client decide whether to raise an insanity defense or to present mitigation evidence? -Is the defendant entitled to Brady material prior to entering a plea bargain? -When may the defense introduce evidence of an alternate perpetrator or SODDI (the "some other dude did it") defense? A list of research resources appears at the end of each chapter. In addition to exploring ethical issues that prosecutors and defense attorneys routinely face, this book also examines emerging areas of ethics, such as lawyer involvement in client media campaigns, and ongoing policy debates over the proper roles for prosecution and defense counsel.

Children's Testimony offers a comprehensive and up-to-date assessment of issues relating to children's evidence. Starting with psychological underpinnings and child protection considerations, the reader is taken through a clearly structured and timely collection of chapters from internationally renowned contributors. Pointers for practitioners are clearly highlighted throughout and a unique, jargon-free glossary of psychological terms encountered in child witness research is included making this a highly practical text. * An accessible review of existing knowledge and preview of new and recent developments in psychological research and forensic practice * An outstanding group of international contributors * Offers a broad scope that considers all the key areas of research and practice

This looseleaf treatise is an examination of the legal and practical aspects of eyewitness identification. Civil liability for mistaken identification, standards of fairness for lineups and photo identifications, exclusionary sanctions, and many other related issues are discussed in detail.

Forensic psychiatrist Emanuel Tanay has testified in thousands of court cases as an expert witness. Tanay walks the reader through his experiences in the courtroom, explaining the role of the forensic psychiatrist in the litigation process and providing a 'behind-the-scenes' view of our criminal justice system, including individual chapters on some of his most interesting and infamous cases. Tanay also provides clear examples of the rampant injustice that he has witnessed.

Authored by a 21-year police veteran and university research professor, Criminal Investigative Failures comprehensively defines and discusses the causes and problems most common to failed investigations. More importantly, it outlines realistic strategies for avoiding investigative pitfalls.

Each and every death scene presents new challenges to even the most seasoned investigator. Despite the unique nature of each scenario, using a standardized protocol is the key to ensuring consistent and accurate results. Death Scene Investigation: A Field Guide provides concise direction for the death scene investigator, crime scene investigator, coroner, medical examiner, or anyone associated with the investigation of death. Since the majority of deaths are due to natural causes, the book emphasizes these situations, yet also examines unnatural circumstances. It begins by providing a general overview of death investigation before delving into a chronological point-by-point analysis of the death scene. Topics discussed include how to assess the body at the scene, and how to investigate natural and unnatural deaths. Explores Various Causes Next, the text demonstrates how death manifests in various parts of the body. A section on traumatic injuries examines and demonstrates with color photographs blunt force, sharp force, and a host of other injuries that the death examiner is likely to confront. The book addresses identification methods and explores how to determine signs of resuscitation and previous surgeries. It concludes with a discussion of the purpose and performance of the autopsy and provides a survey of the different forensic experts that may become useful to the death investigator. Enhanced by numerous color photos, this volume is a direct, succinct handbook that is invaluable to those that confront the reality of death on a day-to-day basis. Its convenient format makes it the perfect guide to take along to the scene.