CONTENTS
| Jurisdiction | United States |
Contents
Table of Cases xv
List of Figures xix
Acknowledgments xxi
Introduction xxiii
Chapter 1 • Using Forensic Evidence to Prove Ultimate Issues 3
Overview 3
Chapter Objectives 4
What Is Forensic Evidence? 5
How Is Forensic Evidence Used in Criminal Trials? 5
Proof of Ultimate Issues 6
Standard of Proof 7
Identification 7
Proving What Happened 7
Individual vs. Class Characteristics 8
Science vs. Junk Science 10
Qualifications of the Forensic Expert and Freedom from Bias 10
Eyewitness Identification 11
Rules Governing Admitting a Forensic Expert's Testimony 11
Federal Rules of Evidence 703 and 705 12
Chain of Custody 13
The Expert "Opinion" 13
Jury Instructions on Expert Testimony 14
Forensic Evidence Is Circumstantial Evidence 14
Case Study in Circumstantial Evidence: The Richard Crafts Case 18
Were Helle's Statements Admissible under the Hearsay Rule? 19
Fingernail, Hair, Fiber, Tooth, and Tissue 20
Standard of Proof Where One Inference Depends on Another 21
Circumstantial Evidence in the Grant Case 26
The Handkerchief 27
Summary 28
Discussion Questions 29
Chapter 2 • The Court Process: Procedure, Law, and Rules of Evidence 31
Overview 31
Chapter Objectives 33
The Rules of Evidence Govern the Admission of Evidence 33
State and Federal Courts Have Different Rules 33
The Role of the Courts in Admitting Evidence 34
Motions 34
Motions in the Grant Case 35
Grant's Motion to Exclude DNA Evidence 35
Grant's Motion to Exclude His Statement to Police 35
Grant's Motion during Trial for a "Mistrial" 36
Grant's Motion for New Trial 36
General Principles of Law Applicable to Criminal Trials 36
The Effect of a Not Guilty Verdict 36
More than One Trial Can Result from the Same Set of Facts 37
Double Jeopardy Applies Only to Acquittal of the Same Crime 37
The Effect of the U.S. Confrontation Clause on Which Witnesses Must Testify 38
The Meaning of Precedent 41
The Jury Is the Finder of Fact 42
Rules of Evidence Governing What Evidence Can Be Admitted 42
Pretrial Procedure 42
Relevance 43
Undue Prejudice 44
Was a Prosecution's DNA Testimony Unduly Prejudicial? 45
Evidence of Prior Crimes Is Generally Not Admissible 45
The Defendant Is Not Required to Testify 46
Rules Relating to Forensic Expert Testimony 48
Judicial Notice 48
Appeals 49
Federal Court System 49
State Courts 50
Harmless Error Rule and Abuse of Discretion Standard 51
Possible Rulings on Appeal 51
Habeas Corpus Appeals 52
Summary 54
Discussion Questions 55
Chapter 3 • Crime Scene Investigation 57
Overview 57
Chapter Objectives 58
How Forensic Evidence Is Processed 58
Locard's Exchange Principle 59
On-Site Investigation 59
Laboratory Testing 61
Do Juries Expect Forensic Evidence? 63
Crime Scene Drawings 64
Chain of Custody 67
The Chain of Custody in the Grant Case 70
Linking Forensic Evidence to Witness Statements 71
Missing Evidence 72
Expert Qualifications 72
No Experts for the Defense 73
Claims of Ineffective Counsel Based on Crime Scene Experts 74
Summary 75
Discussion Questions 76
Chapter 4 • The Scientific Method and "Junk Science" 77
Overview 77
Chapter Objectives 78
What Is the Scientific Method? 79
Defining the Relevant Scientific Community 81
Determining the Error Rate 81
The "Science" of Inclusion, Exclusion, and Identification 82
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