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Nov 4, 2024 · The Law Must Respond When Science Changes. What was once fair under the law may become unfair when science changes. The law must react to uphold due process. By David Faigman & Jeff Kukucka.
A compelling body of scientific research demonstrates that the validity of many forensic sciences is uncertain and that courts have been ineffective in safeguarding the reliability of forensic science.
- Emma Cunliffe, Gary Edmond
- 2021
Scientific evidence is frequently offered to answer questions of fact in a court of law. DNA genotyping may link a suspect to a homicide. Receptor binding assays and behavioral toxicology may testify to the teratogenic effects of bug repellant.
Oct 10, 2023 · Conversely, while our courts and legislatures promote carefully worded standards to guard against “junk science” in litigation, both the scientific community and much of the legal community recognize that these standards, in practice, are often leaky, ineffective, and inadequate as a check on the use of shoddy science in the legal system.
- 10.1073/pnas.2312529120
- 2023/10/10
Oct 2, 2023 · Progress made thus far toward a “scientific re-invention of forensic science” is fruit of a larger science-law consilience with many benefits for justice. Much of this consilience has emerged naturally from interdisciplinary pursuits, such as the NAS Committee on Science, Technology, and Law, and forensic initiatives at the American ...
Jun 10, 2020 · As the OJ Simpson case famously demonstrated, where either the scientists themselves, or those who the collect trace evidence they analyse, are viewed as untrustworthy, otherwise extremely powerful scientific evidence may fail to satisfy a jury (Lynch et al., 2008: 113–120).
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There is no disagreement that forensic science is a mainstay in the effective delivery of a fair and equitable justice system and no disputing its importance in the resolution of legal dispute. Yet, the relationship between science and the law can at best be described as a firmly rooted confrontational symbiotic tolerance.
