- Forensic Science and the Law

2010 ◽  
pp. 502-519
Keyword(s):  
Forensic Science ◽  
The Law

Do not be concerned by its appearance of complexity. It is a clear, manageable system of notation. The best understanding of this method can be obtained from briefly discussing it from three perspectives: 1 The original Wigmore Chart Method dating from 1913. 2 Anderson and Twining’s modification of the Wigmore Chart Method, from the mid-1980s. 3 Use of the modified method in this book as an aid for understanding argument construction. This will give a firm understanding of the discussions above through a practical demonstration. This discussion will then be followed by a practical demonstration of the modified Chart Method (changed slightly for our use) looking at the fictional criminal case of R v Mary. This is a demonstration devised to continue the development of argumentative skills already discussed in this chapter. A second case, R v Jack, is provided at the end of the chapter to allow students to try out their developing skills by analysing and charting a new case and building an argument. 7.10.1 The original Wigmore Chart Method John Wigmore wanted to restore an imbalance in the approach to evidence to be used in the trial. He first unveiled his views in an article published in the Illinois Law Review in 1913. He was concerned with issues surrounding the law of evidence. The law of evidence, as it is normally considered in university courses and in practice, is particularly concerned with the what type of evidence is admissible in court to prove the case of the parties. It is also concerned with the procedures that need to be followed to ensure that allowable evidence is not rendered inadmissible due to procedural and avoidable mistakes by those dealing with it before it reaches the court room. (This covers the field of forensic science as well as witness testimony.) Wigmore, however, believed that while the admissibility of evidence and the following of procedures are important aspects of the law relating to evidence, there was another more important area that had been completely ignored. This was the aspect of proof itself. What is the effect of the admissible evidence? How does it build to a finding of case proved for or against one party? Can it be said that there is a science of proof? Here of course issues relating to evidence and the construction of argument begin to merge. Wigmore sees proof in terms of the proving of points in argument persuading judges and juries of the outcome of a case. He argued:

2012 ◽  
pp. 240-240
Keyword(s):  
Forensic Science ◽  
Criminal Case ◽  
Witness Testimony ◽  
Modified Method ◽  
University Courses ◽  
The Law ◽  
Law Of Evidence ◽  
Admissible Evidence ◽  
Practical Demonstration

Forensic Source Conclusions

2020 ◽  
Vol 228 (3) ◽  
pp. 149-161
Author(s):  
Jonathan J. Koehler
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Cognitive Limitations ◽  
Law Enforcement Officials ◽  
The Law ◽  
Science Evidence

Abstract. Forensic science evidence may be the most powerful weapon in the arsenal of law enforcement officials and prosecutors. As such, it is important to be aware of factors that threaten the validity of forensic source conclusions (e.g., “This bullet was fired from that gun”). This paper identifies 20 threats to the validity of forensic source conclusions including threats that spring from (a) the evidentiary samples themselves, (b) forensic examiners and the procedures they use, (c) features of the law, and (d) cognitive limitations of jurors and others who must weigh forensic science source claims.

Forensic Science and the law

1988 ◽  
Vol 36 (1-2) ◽  
pp. 41-45 ◽  
Author(s):  
C.H.S. Jayewardene
Keyword(s):  
Forensic Science ◽  
The Law

scholarly journals When science doesn't meet the law: Addressing the absence of forensic skills in law degrees

2016 ◽  
pp. 1-4
Author(s):  
Carole McCartney ◽  
John Cassella
Keyword(s):  
Forensic Science ◽  
Short Article ◽  
Educational Package ◽  
The Law ◽  
Science Educators ◽  
A Current

This short article outlines the development of an educational package to bring forensic science into the law curriculum. It details a current project at Leeds University, in collaboration with forensic science educators from Staffordshire University.

9. Science and justice—a case study

2020 ◽  
pp. 107-112
Author(s):  
Jim Fraser
Keyword(s):  
Forensic Science ◽  
Gunshot Residue ◽  
Human Cognition ◽  
Forensic Evidence ◽  
Critical Part ◽  
The Law

The defining feature of forensic science is its relationship with the law. ‘Science and justice—a case study’ considers the final stages of a criminal inquiry—adjudication by the courts. The significance of forensic evidence is assessed by human cognition. The evidence is weighed carefully by experts, but words can be misunderstood or manipulated. The murder of Jill Dando in 1999 is used as a case study, where the significance of gunshot residue became a critical part of the case. The canon of forensic technologies will continue to develop and change. The conceptual gap between technology and the law is likely to remain and perhaps increase.

1. What is forensic science?

2020 ◽  
pp. 1-7
Author(s):  
Jim Fraser
Keyword(s):  
Life History ◽  
Forensic Science ◽  
Relevant Information ◽  
Criminal Investigation ◽  
Analysis And Evaluation ◽  
Physical Evidence ◽  
Legal Standard ◽  
Criminal Intent ◽  
The Law

‘What is forensic science?’ describes forensic science as the investigation, explanation, and evaluation of events of legal relevance including the identity, origin, and life history, and interaction of humans, materials, substances, and artefacts. A variety of techniques and methodologies, some of which are scientific, are used to describe, infer, and reconstruct events based on the analysis and evaluation of fragmentary physical evidence and other relevant information. From these facts, established to some pre-determined legal standard, the law infers behaviour, motivation, and criminal intent. In short, forensic science answers the central questions in a criminal investigation: who, what, where, when, why, and how?

Sign in / Sign up

Export Citation Format

Share Document