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Author: Joseph L. Gastwirth Publisher: Springer Science & Business Media ISBN: 1461212162 Category : Social Science Languages : en Pages : 454
Book Description
Expert testimony relying on scientific and other specialized evidence has come under increased scrutiny by the legal system. A trilogy of recent U.S. Supreme Court cases has assigned judges the task of assessing the relevance and reliability of proposed expert testimony. In conjunction with the Federal judiciary, the American Association for the Advancement of Science has initiated a project to provide judges indicating a need with their own expert. This concern with the proper interpretation of scientific evidence, especially that of a probabilistic nature, has also occurred in England, Australia and in several European countries. Statistical Science in the Courtroom is a collection of articles written by statisticians and legal scholars who have been concerned with problems arising in the use of statistical evidence. A number of articles describe DNA evidence and the difficulties of properly calculating the probability that a random individual's profile would "match" that of the evidence as well as the proper way to intrepret the result. In addition to the technical issues, several authors tell about their experiences in court. A few have become disenchanted with their involvement and describe the events that led them to devote less time to this application. Other articles describe the role of statistical evidence in cases concerning discrimination against minorities, product liability, environmental regulation, the appropriateness and fairness of sentences and how being involved in legal statistics has raised interesting statistical problems requiring further research.
Author: Joseph L. Gastwirth Publisher: Springer Science & Business Media ISBN: 1461212162 Category : Social Science Languages : en Pages : 454
Book Description
Expert testimony relying on scientific and other specialized evidence has come under increased scrutiny by the legal system. A trilogy of recent U.S. Supreme Court cases has assigned judges the task of assessing the relevance and reliability of proposed expert testimony. In conjunction with the Federal judiciary, the American Association for the Advancement of Science has initiated a project to provide judges indicating a need with their own expert. This concern with the proper interpretation of scientific evidence, especially that of a probabilistic nature, has also occurred in England, Australia and in several European countries. Statistical Science in the Courtroom is a collection of articles written by statisticians and legal scholars who have been concerned with problems arising in the use of statistical evidence. A number of articles describe DNA evidence and the difficulties of properly calculating the probability that a random individual's profile would "match" that of the evidence as well as the proper way to intrepret the result. In addition to the technical issues, several authors tell about their experiences in court. A few have become disenchanted with their involvement and describe the events that led them to devote less time to this application. Other articles describe the role of statistical evidence in cases concerning discrimination against minorities, product liability, environmental regulation, the appropriateness and fairness of sentences and how being involved in legal statistics has raised interesting statistical problems requiring further research.
Author: Alisa Smith Publisher: ISBN: Category : Law Languages : en Pages : 408
Book Description
This book fills a gap in the field of criminal justice and law and society. Unlike any other available undergraduate text, this book integrates legal cases and empirical research on social science questions confronted by the criminal courts. In other words, it examines how social science impacts criminal law and procedure. The book is organized around the criminal court process beginning with issues related to pretrial proceedings and ending with issues concerning sentencing. Specifically, the book provides an introduction to the history of social science used by the courts and the types of social science admitted as evidence in the courts. The chapters that follow provide seminal legal cases and empirical, social science research on a variety of topics ranging from pretrial publicity and racial profiling to Megan's Law and the death penalty. Smith introduces students to the "law in action" by demonstrating how social science influences the courts and the courts influence society. Moreover, students are given the opportunity to critically review court opinions and social science studies that test some of the assumptions relied on by the courts in rendering their decisions. Sociology of law, law and society, and criminal justice students will find this book interesting, raise questions about the influence of law on society and whether empirical research helps or hinders grounded judicial decision-making. The teacher's manual accompanying the book provides a wealth of information about Internet-based resources, student activities, and videos to encourage student discussion and identify relevant current events.
Author: John Monahan Publisher: ISBN: Category : Law Languages : en Pages : 728
Book Description
The publication incorporates Dauber v. Merrill Dow Pharmaceuticals, Inc., the United States Supreme Court's landmark decision on scientific evidence in addition to new Daubert-based cases cited throughout the book. The book offers an in-depth discussion of the growing use of survey methods to establish damages in mass tort cases. The authors have integrated the latest Web site addresses to aid in further social science and legal research. It includes selections from two handbooks: the Federal Judicial Center Reference Manual on Scientific Evidence and West's? Modern Scientific Evidence.
Author: Jennifer L. Skeem Publisher: Guilford Press ISBN: 1606233912 Category : Psychology Languages : en Pages : 418
Book Description
This rigorous yet reader-friendly book reviews the state of the science on a broad range of psychological issues commonly encountered in the forensic context. The goal is to help professionals and students differentiate between supported and unsupported psychological techniques--and steer clear of those that may be misleading or legally inadmissible. Leading contributors focus on controversial issues surrounding recovered memories, projective techniques, lie detection, child witnesses, offender rehabilitation, psychopathy, violence risk assessment, and more. With a focus on real-world legal situations, the book offers guidelines for presenting scientific evidence accurately and effectively in courtroom testimony and written reports.
Author: Eugene Borgida Publisher: John Wiley & Sons ISBN: 9780470695692 Category : Psychology Languages : en Pages : 448
Book Description
Beyond Common Sense addresses the many important and controversial issues that arise from the use of psychological and social science in the courtroom. Each chapter identifies areas of scientific agreement and disagreement, and discusses how psychological science advances our understanding of human behavior beyond common sense. Features original chapters written by some of the leading experts in the field of psychology and law including Elizabeth Loftus, Saul Kassin, Faye Crosby, Alice Eagly, Gary Wells, Louise Fitzgerald, Craig Anderson, and Phoebe Ellsworth The 14 issues addressed include eyewitness identification, gender stereotypes, repressed memories, Affirmative Action and the death penalty Commentaries written by leading social science and law scholars discuss key legal and scientific themes that emerge from the science chapters and illustrate how psychological science is or can be used in the courts
Author: Rosemary J. Erickson Publisher: ISBN: Category : Judicial process Languages : en Pages : 212
Book Description
The cultures of law and social science differ markedly as to the kinds of truth they pursue. Law is deductive, presenting its findings as certainties; social science is largely inductive, presenting its conclusions as subject to revision and contingency. Yet the legal community traditionally draws at will and unsystematically on the findings of social science, sometimes with unfortunate results. The authors of this study explore this issue by focusing on the manner in which the United States Supreme Court uses social science data in reaching its decisions. Concentrating on decisions involving the issues of abortion, sex discrimination, and sexual harassment, they show that the use of such data has increased over the last twenty years, but they also show that whether such data are used appears to hinge more on the liberal, conservative, or longheld positions of the judges and the types of cases involved, rather than on the objectivity or validity of the data. By offering insights into how data are used by the Supreme Court, the authors hope to show social scientists how to make their research more suitable for courtroom use and to show the legal community how such data can be used more effectively.
Author: Michael Freeman Publisher: Routledge ISBN: 0429791968 Category : Law Languages : en Pages : 315
Book Description
First published in 1998, this volume contains essays from leading thinkers on both sides of the Atlantic on the relationship between law and science. Science plays an ever-increasing part in the development of legislation and the adjudication of cases. Its limitations and its value are explored in these essays which discuss issues of methodology and of evidence. Amongst areas covered are silicone breast implants, the rape trauma syndrome, the environment, inventions and Bayesianism.
Author: Donald L. Horowitz Publisher: Brookings Institution Press ISBN: 9780815707318 Category : Law Languages : en Pages : 326
Book Description
In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests
Author: Joseph L. Gastwirth
Author: Joseph L. Gastwirth
Author: Alisa Smith
Author: John Monahan
Author: John Monahan
Author: Jennifer L. Skeem
Author: Eugene Borgida
Author: Rosemary J. Erickson
Author: Michael Freeman
Author: Donald L. Horowitz
Author: James W. Loewen