FORENSIC EVIDENCE: SCIENCE AND THE CRIMINAL LAW

344 Pages·2005·1.47 MB·English

by  Terrence F. Kiely

FORENSIC
EVIDENCE:
SCIENCE AND THE
CRIMINAL LAW
Terrence F. Kiely
CRC Press
Boca Raton London New York Washington, D.C.
'2001 CRC Press LLC
Library of Congress Cataloging-in-Publication Data
Kiely, Terrence F.
Forensic evidence : science and the criminal law / Terrence F. Kiely
p. cm.
Includes bibliographical references and index.
ISBN 0-8493-1896-3 (alk. paper)
1. Evidence, Expert--United States. 2. Forensic sciences--United States. I. Title.
KF8961 .K54 2000
345.73′067−−dc21 00-037856
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© 2001 by CRC Press LLC
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'2001 CRC Press LLC
If any Man be delighted in History, let him read the Books of Law, which are nothing
else but Annals and Chronicles of Things done and acted upon from year to year, in
which each Case presents you with a petit history; and if Variety of Matter doth most
delight the reader, doubtless, the reading of those Cases, (which differ like Men’s
Faces), tho like the Stars in Number, is the most pleasant reading in the World.
—Giles Duncombe
Trials per Pais, or the Law of England Concerning Juries by Nisi Prius (1725)
. . .
For without Victory at the Trial, to what Purpose is the Science of the Law? The
Judge can give no Sentence, no decision without it, and must give Judgement for
that Side the Trial goes; therefore I may well say, tis the chief Part of the Practice
of the Law. And if so, to whom shall I offer this Treatise, but to you the Practisers?
—Giles Duncombe
Trials per Pais, or the Law of England Concerning Juries by Nisi Prius (1725)
'2001 CRC Press LLC
Preface
Forensic Evidence: Science and the Criminal Law is intended to serve as an intro-
duction and guide to the appreciation and understanding of the significant historical,
contemporary, and future relationship between the world of the forensic sciences
and the criminal justice system. This book is not intended to be a close study of
forensic science, nor was it ever conceived as becoming one. It is devoted to a study
of the judicial response to uses of forensic science in the investigation, prosecution,
and defense of a crime. The audience to which this study is directed are those
intimately or potentially involved in that relationship: police, forensic scientists,
prosecutors, defense lawyers, and professors and students of the criminal law. It is
meant to stand on its own but also to complement the growing number of excellent
treatises and studies in the forensic sciences proper, many of which are published
in the CRC Press series in the area of forensic sciences.
The book focuses on those cases questioning the legal acceptability under a
Frye or Daubert standard of the methodological basis of the forensic science at
issue. However, equally, if not more importantly, the focus is on the discussions of
the numerous cases where the courts, assuming the acceptability of the underlying
methodology, have scrutinized and accepted or rejected a wide variety of investiga-
tive uses of the science under discussion, offered as proof of one or more material
facts in a criminal prosecution. This latter area of study is of equal, if not more
central, importance in understanding the place of forensic science in the criminal
justice system of the 21st century. It is time for another close look at both the body
of claims and the actual expert opinions supplied to the criminal justice system as
we enter the new century. The totally justified attention given rapid DNA develop-
ments should not overshadow the ongoing judicial acceptance and use of the more
traditional body of forensic sciences, such as hair, fiber, ballistics, and fingerprints,
some of which have never been fully challenged. The contributions of forensic
science to the criminal justice system have been, and remain, significant.
This book is divided into 12 chapters, most of which, with the exceptions of
Chapters 1, Science, Forensic Science, and Evidence, Chapter 2, Science and the
Criminal Law, and Chapter 12, Epilogue, address the legal profile of a specific
forensic science.
Chapter 1, Science, Forensic Science, and Evidence, briefly analyzes the histor-
ical and contemporary context in which legal arguments directed to the adequacy
of the findings of forensic science are conducted. This is a necessary precursor to
the more criminally focused discussion that constitutes the bulk of this book. The
framework of the Frye and Daubert standards for the introduction of scientific
opinion are discussed here, as well as the significant differences that exist when the
legal challenge comes in a civil law forum as opposed to a criminal one.
'2001 CRC Press LLC
Chapter 2, Science and the Criminal Law, provides an overview of the entire
subject of the uses of forensic sciences in the investigation, prosecution, and defense
of criminal cases in U.S. courts. Central topics addressed are the historical and
contemporary relationship between forensic science and proof of crime, the funda-
mentals of the application of forensic science disciplines to the investigation and
prosecution of a criminal case, the function of probabilistic analysis to that process,
and an extended discussion of the legal aspects of the modern crime scene.
Each of the next nine chapters discusses a specific forensic science discipline:
Chapter 3, Hair Analysis, discusses the court’s response to both class and individual
expert opinions in respect to attempts to connect one or more hairs found at a crime
scene to an individual suspect. This controversial subject sets the analytical frame-
work for the discussions that follow on a wide range of forensic science applications.
Chapter 4, Fiber Analysis, discusses the identification and use of a wide variety of
fiber materials from crime scenes and the processes used to link such materials to
a suspect. Chapter 5, Ballistics and Tool Marks, addresses the subjects of firearms
and projectile identification, the matching of bullets to a weapon, gunshot residue,
tool mark identification, and attempts to match crime scene striations to a tool
associated with a suspect. Chapter 6, Soil, Glass, and Paint, discusses the nature of
soil and glass-shard particle identification and the attempt to connect such materials
with an individual suspect. Chapter 7, Footprints and Tire Impressions, addresses
the identification, photographing, and/or casting of footwear and tire impressions
found at a crime scene, and their association with a suspect. The chapter ends with
a listing of bite mark cases. Chapter 8, Fingerprints, discusses the subject of finger-
print identification procedures and the recent Automated Fingerprint Identification
System (AFIS). Chapter 9, Blood Spatter Analysis, analyzes cases involving the
subject of presumptive testing for blood products as well as the subject of bloodstain
pattern analysis and its importance in many key aspects of crime scene reconstruction
efforts. Chapter 10, DNA Analysis, analyzes the court’s scientific conditions for the
acceptance of identification testimony arising from RFLP, PCR, mitochondrial DNA,
and STR DNA analyses, in addition to the small but growing number of cases and
articles addressing nonhuman DNA testing, in particular, dog, cat, and plant DNA
testimony. Chapter 11, Forensic Anthropology and Entomology, briefly examines
those decisions that utilize the methodologies and findings of these fields as aides
to the investigation and identification of human remains and providing time-of-death
estimates. And, finally, Chapter 12, Epilogue, provides a brief summary note on the
subjects not covered in this book and the major points sought to be made in the
entire work. The book ends with an appendix containing an extensive primer on
how to conduct forensic science and forensic evidence research.
'2001 CRC Press LLC
Acknowledgment
I wish to thank Dean Terri Foster of the DePaul University College of Law, for her
gracious and ongoing support during the research and writing of this book. I also
owe a great debt to friend and colleague James J. Ayres, Adjunct Professor of
Computer Law and my cocreator and codirector of the Center for Law and Science
at DePaul University College of Law. I also wish to express my gratitude to DePaul
students Richard Battle, David Becker, and most recently, Maria Vathes and Laura
Pieper, for their research skills, friendship, and untold hours at the final stages of
this book. Many thanks to Harvey Kane and Becky McEldowney of CRC Press.
Harvey had the faith in the project and Becky has gotten me through it with consistent
friendliness, patience, and good humor. Special thanks must go to my editor, Michele
Berman, for her great help in smoothing out the rough edges of this book.
My greatest debt is to my students in Forensic Evidence over these past 5 years,
for their interest and patience as I developed the content and structure of this book.
It goes without saying that my true reason for accomplishing anything is, as
always, my wife Sidni. Thanks again for everything, not the least of which was
keeping our Newfoundland Beau and our pitbull Buster from trashing my office and
consuming the final draft of this work.
'2001 CRC Press LLC
Dedication
This book is dedicated to the loving memory of my mother
Elizabeth Wolfe and my step-father John Wolfe
'2001 CRC Press LLC
Table of Contents
Chapter 1 Science, Forensic Science, and Evidence
I. Science and the Legal Process
II. Litigation as History
III. Law and Science
IV. Science and the Supreme Court
A. Supreme Court Cases
1. Frye v. United States
2. Daubert v. Merrell Dow Pharmaceuticals
3. General Electric v. Joiner
4. Kumho Tire v. Carmichael
B. Science Advisory Boards
V. Conclusion
Research Note
Endnotes
Chapter 2 Science and the Criminal Law
I. Introduction
II. Science and the Criminal Law: Overview
III. Forensic Science and Legal History
IV. Forensic Science and Circumstantial Evidence
A. 18th and 19th Century CaseAnalyses
V. Forensic Science and Forensic Evidence
VI. Forensic Science, Probability, and the Law
VII. Forensic Science, Forensic Evidence, and the Modern Crime Scene
VIII. Forensic Science and the Criminal Law:A Case Study
A. The Facts
B. The Prosecution’s Forensic Evidence: Hairs and Fibers
andTireTracks
C. The Court’sAnalysis: Hairs and Fibers andTireTracks
IX. Conclusion
Research Note
Endnotes
Chapter 3 Hair Analysis
I. Introduction
II. Recent Case Discussions
III. Conclusion
Endnotes
'2001 CRC Press LLC
Chapter 4 Fiber Analysis
1. Introduction
II. The Wayne Williams Case
III. Other FiberAnalysis Cases
Research Note
Endnotes
Chapter 5 Ballistics and Tool Marks
I. Introduction
II. Weapon Identification
III. Angle of Shot
IV. Bullet Matching
V. Incompetency of Counsel
VI. WoundAnalysis and Ballistics
VII. Tool Mark Cases
Research Note
Endnotes
Chapter 6 Soil, Glass, and Paint
I. Introduction
II. Glass Analysis
A. General
B. Glass Analysis Cases
III. Paint Analysis
A. General
B. Paint Analysis Cases
IV. Soil Analysis
A. General
B. Soil Analysis Cases
Research Note
Endnotes
Chapter 7 Footprints and Tire Impressions
I. Introduction
II. Footprints
A. General
B. Footwear Cases
III. Tire Impressions
A. General
B. Tire Impression Cases
IV. Bite Mark Case Listing
Research Note
Endnotes
'2001 CRC Press LLC