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Article • March 15, 2023 • from CLN April, 2023
Filed under: Daubert Standards
New Jersey Supreme Court Announces Adoption of Daubert-Type Standard for Criminal and Quasi-Criminal Cases in Assessing Admissibility of Expert Evidence Under Rule 702 by Richard Resch by Richard Resch The Supreme Court of New Jersey unanimously adopted a Daubert-type standard for determining the admissibility of expert evidence under New Jersey …
Article • January 15, 2023 • from CLN February, 2023
Traditional Forensic Ballistics Comparisons Giving Way to Virtual 3D Methods by Casey Bastian by Casey J. Bastian Forensic experts have been conducting ballistics comparisons and presenting their testimony in courts for more than 100 years. Experts frequently imply that accurately identifying that a specific gun fired a particular bullet is …
Article • May 15, 2022 • from CLN June, 2022
New RECOVER Fingerprint Technology Used to Solve 1983 Cold Case by Casey Bastian by Casey J. Bastian Forensic technologies are constantly being innovated in an ongoing effort to correctly solve crimes and create a better justice system. Identifying the correct suspect is vital to administering true justice. The sole detective …
Article • March 15, 2021 • from CLN April, 2021
Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis by Anthony Accurso by Anthony Accurso In its January 8, 2021, opinion, the Supreme Court of Alabama held that a law enforcement agent’s testimony about how historical cell-site data could be used …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that a police officer testified as an expert without first being qualified by the court at …
Article • January 15, 2021 • from CLN February, 2021
Staggering Injustice by Derek Gilna Experts Say Cross-Racial Eyewitness Identification Errors Are Widespread and Contribute to Thousands of Wrongful Convictions by Derek Gilna In a time where much of the American criminal justice system is justifiably under intense pressure to eliminate potential racial bias, there is at least one issue …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit Announces Panels of Court of Appeals May Fashion Remedy When District Court Commits Daubert Error by Douglas Ankney by Douglas Ankney In its November 5, 2020 opinion, the U.S. Court of Appeals for the Ninth Circuit, en banc, announced that panels of the Ninth Circuit may now fashion …
Article • December 15, 2020 • from CLN January, 2021
Michigan Supreme Court Reverses Murder Conviction Due to Unreliable, Suggestive Showup by Matthew Clarke by Matt Clarke The Supreme Court of Michigan held that a showup identification of the alleged shooter in a murder case was impermissibly suggestive and unreliable. Because the prosecution’s case was “significantly less persuasive” without the …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. District Court for the District of Arizona failed in its gatekeeping function …
Article • September 15, 2020 • from CLN October, 2020
The Junk Science Cops Use to Decide You’re Lying by Jordan Smith Leaked documents detail law enforcement trainings in lie detection techniques that have been discredited by scientists. by Jordan Smith, The Intercept The article was originally published on August 12, 2020, and is republished with permission from The Intercept, …
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