Book Review: Science in Court: Challenges in the Twenty-First Century

Date01 March 2012
AuthorLee Ayers
Published date01 March 2012
DOI10.1177/0734016811406714
Subject MatterBook Reviews
Book Reviews
D. E. Shelton
Science in Court: Challenges in the Twenty-First Century. Lanham, MD:
Rowman & Littlefield Publishing Group, Inc., 2011. x, 183 pp. $80.00. ISBN: 978-1-4422-087-3
Reviewed by: Lee Ayers, Southern Oregon University, OR, USA
DOI: 10.1177/0734016811406714
There is little doubt that forensic science plays an increasingly crucial role in the U.S. criminal jus-
tice system. As courts continue to struggle with what is admissible and claimed scientific exper-
tise, Shelton (2011) sets the stage for the reader to understand theacceptance of forensic evidence
to include direct or circumstantial testimony into the courtroom. How do we get to, ‘‘beyond a
reasonable doubt’’ point for the jury? From the introduction of the book, Shelton lays a historical
foundation of the Frye doctrine and how the case leads to the ‘‘general acceptance’’ of testimony
standard. With the defense and the prosecution challenging empirical evidence, a generation of
forensic evidence emerged.
Chapter 1 opens the stage with the basic questions of ‘‘who,’’ ‘‘how,’’ and ‘‘whether,’’ as the foun-
dational elements for examining scientific evidence. For example, Shelton offers that fingerprints,
handwriting,bite marks, hair, blood, and other comparisons have been allowed by thecourts as ‘‘iden-
tificationtestimony’’ to satisfy the ‘‘who’’ question. He goes on to say thatexperts in various scientific
arenas are allowedto testify about conclusionspertaining to the origin of the materialsand ‘‘how’’ they
were used in the commission of a crime. Movingto the ‘‘whether’’ question, theauthor offers that the
courts have routinely accepted forensicexpert’s testimony, distinctfrom physical evidence, to assist in
creating that an ‘‘alleged act’’ has occurred. At the end of every chapter, there are case studies that
elaborate the application of the materials presented.
Chapter 2 expands the reader’s knowledge of the ‘‘gatekeeper’’ concept, and ‘‘general accep-
tance’’ as relevant to the scientific community. Understanding the problem of ‘‘junk science’’
becomes an easier process through the examination of Frye and the Daubert Trilogy, and the scien-
tific validation sets forth the application process used by the courts. A complete state guide is offered
and includes which state is using each method of admissibility test. Additional application is offered
through case studies.
Chapter 3 enforces the concept of DNA being the ‘‘gold standard!’ Reminding the readers that
very small amounts can produce amazing results, Shelton outlines from the first case using DNA
evidence to the exoneration of postconviction test clearing DNA results, this form of evidence is
changing the criminal justice system we have come to know. Judicially, efficiency and motivation
for certainty of guilt are questioned. More cases are reviewed at the end of the chapter.
Chapter 4 moves deeper into the ‘‘who’’ question and the comparison analysis process is touched
upon. Understanding fingerprinting and handwriting comparison, the process, analysis, and how
Frye and Daubert analyses are applied creates a valid framework for the reader to apply the process
to the cases used at the end of the chapter for application verification.
Chapter 5 further explores the ‘‘who’’ question by examining microscopic hair analysis and how
DNA analysis, that is nuclear DNA versus mitochondrial DNA, is explored. The values of this
Criminal Justice Review
37(1) 127-145
ª2012 Georgia State University
Reprints and permission:
sagepub.com/journalsPermissions.nav
http://cjr.sagepub.com

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT