Stephen J. Morse and Adina L. Roskies, Eds., A Primer on Criminal Law and NeuroscienceRead More
Resources
Experts in Child Sex Cases: Reversible Error in a Recent Case
UNC School of Government blog post by Jessica Smith
Experts in Child Sex Cases: Reversible Error in a Recent CaseRead More
Hypothesis Testing of the Critical Underlying Premise of Discernible Uniqueness in Firearms-Toolmarks Forensic Practice
Article by William A. Tobin and Peter J. Blau that argues that existing studies that are typically presented in court as support for firearm/projectile comparisons are fatally flawed and thus are of no value for validation of the techniques used. The authors offer a solution that would allow a scientifically defensible opinion to be proffered …
State v. Lawson, 352 Ore. 724 (2012)
On Nov. 29, 2012, the Oregon Supreme Court issued an important decision, which places the burden on the state to establish the reliability of the eyewitness identification and recognizes and requires courts to act in a manner consistent with the latest scientific research on eyewitness identification and memory. This opinion may be useful in NC …
Expert Testimony: “The Child Was Sexually Abused”
UNC School of Government blog post by Jessica Smith
Examining Shaken Baby Syndrome Convictions in Light of New Medical Scientific Research
Examines the controversy concerning Shaken Baby Syndrome and how emerging medical research is prompting the legal system to re-examine SBS convictions. Click on the link and then click Download This Paper at the top of the page to read the full article.
Examining Shaken Baby Syndrome Convictions in Light of New Medical Scientific ResearchRead More
Dog Sniffs of People and the Fourth Amendment
UNC School of Government blog post by Shea Denning that examines the status of dog sniffs under the Fourth Amendment as it applies to searches of individuals if a dog alerts to the person.
A placebo-controlled study to assess Standardized Field Sobriety Tests performance during alcohol and cannabis intoxication in heavy cannabis users and accuracy of point of collection testing devices for detecting THC in oral fluid
Psychopharmacology (Berl). 2012 October; 223(4): 439-446. This study finds that Standardized Field Sobriety Tests are only mildly sensitive to impairment from cannabis in heavy users. THC produced impairment on SFST performance in 30-50% of participants.
Session Law 2011-307
Section 6 of this law extends the time for local forensic science labs (other than the North Carolina State Crime Laboratory) to become accredited from October 1, 2012 to July 1, 2013. Section 6.1 clarifies which State Crime Laboratory employees are required to become certified.
Analysis of experiments in forensic firearms/toolmarks practice offered as support for low rates of practice error and claims of inferential certainty
Article by Clifford Spiegelman and William A. Tobin that evaluates experiments used to justify conclusions of “individualization” or specific source attribution to “100% certainty” and “near-zero” rates of error claimed by firearm toolmark examiners in court testimonies and suggests approaches for establishing statistical foundations for this firearm and toolmark comparisons.
Shaken Baby Syndrome, Abusive Head Trauma, and Actual Innocence: Getting It Right
Explains the history of the Shaken Baby Syndrome/Abusive Head Trauma diagnosis, discusses the ongoing debates around this diagnosis, reviews and critiques the scientific literature supporting the diagnosis, and discusses the appropriateness of testimony related to SBS/AHT under the Daubert standard. The full text article is available for free download by clicking the “download this paper” …
Shaken Baby Syndrome, Abusive Head Trauma, and Actual Innocence: Getting It RightRead More
Failed Evidence: Why Law Enforcement Resists Science
This book by Professor David. A. Harris looks at why wrongful convictions occur and seeks to explain why law enforcement and prosecutors resist adopting improved forensic practices. The first chapter can be downloaded for free by clicking on the “Download This Paper” button. Available in the IDS Forensic Resource Library.
Failed Evidence: Why Law Enforcement Resists ScienceRead More
DNA for the Defense Bar
This manual was written by a group of experienced defense attorneys and DNA experts. Its approach to basic and advanced topics is easy to understand. In addition to explaining the science and techniques of DNA analysis, the manual offers advice on topics such as opening and closing statements, jury selection, and cross examination.
Report from the Incapacity to Proceed Committee of the North Carolina General Assembly
April 2012 report created by the Incapacity to Proceed Committee of the North Carolina General Assembly which includes the Committee’s findings and recommendations for future capacity to proceed legislation.
Report from the Incapacity to Proceed Committee of the North Carolina General AssemblyRead More
State of Maryland v. Charles David Brightful, et al, No. K-10-04-259, Circuit Court for Carroll County, MD March 5, 2012
The Circuit Court for Carroll County, Maryland held that DRE evidence should be excluded. The court held that identification and classification by DREs “is not generally accepted as valid and reliable in the relevant scientific community.” See the opinion for a summary of expert testimony regarding DRE examinations which raises questions about the accuracy of …