Bridging law, genetics, and statistics, this book is an authoritative history of the long and tortuous process by which DNA science has been integrated into the American legal system. In a history both scientifically sophisticated and comprehensible to the nonspecialist, David H. Kaye weaves together molecular biology, population genetics, the legal rules of evidence, and theories of statistical reasoning as he describes the struggles between prosecutors and defense counsel over the admissibility of genetic proof of identity. Combining scientific exposition with stories of criminal investigations, scientific and legal hubris, and distortions on all sides, Kaye shows how the adversary system exacerbated divisions among scientists, how lawyers and experts obfuscated some issues and clarified others, how probability and statistics were manipulated and misunderstood, and how the need to convince lay judges influenced the scientific research. Looking to the future, Kaye uses probability theory to clarify legal concepts of relevance and probative value, and describes alternatives to race-based DNA profile frequencies. Essential reading for lawyers, judges, and expert witnesses in DNA cases, The Double Helix and the Law of Evidence is an informative and provocative contribution to the interdisciplinary study of law and science.

The Double Helix and the Law of Evidence

Kaye, David H.

Legal History

Harvard University Press

Leonard, David P., Imwinkelried, Edward J., Kaye, David H., Mnookin, Jennifer L., Bernstein, David E.

The New Wigmore: A Treatise on Evidence: Evidence of Other Misconduct and Similar Events

Bernstein, David E.

Imwinkelried, Edward J.

Leonard, David P.

Law Practice

Wolters Kluwer/Law & Business

Expert Evidence provides in-depth coverage of the topics that lawyers and judges must know when dealing with expert testimony concerning medicine, engineering, psychology, economics, and forensic science, among other areas. It covers the topics common to all such testimony and focuses on scientific and statistical evidence, providing sophisticated and up-to-date explanations and analyses of: <ul>
<li>The principles and policies underlying all the approaches to admitting scientific evidence, from the traditional relevance standard to the most restrictive interpretations of the Supreme Court's watershed opinion in Daubert v. Merrell Dow Pharmaceuticals</li> <li>An in-depth look at the continuing importance and practical operation of the Frye standard </li> <li>Qualifications for expert witnesses </li> <li>Permissible subject matter and allowable bases for expert testimony</li> <li>The learned treatise exception to the hearsay rule </li> <li>The impact of evidence-based medicine and more rigorous legal standards for proof of causation in product liability and medical malpractice cases </li> Of immense value in civil and criminal litigation, this resource is packed with authoritative answers to your most pressing admissibility questions, providing: <ul>
<li>The only extensive treatment showing you how to invoke the exceptions to the exclusionary rules in both federal and state courts </li> <li>The most up-to-date analysis of these crucial and complex evidentiary rules, with hundreds of cases and the latest state codifications as well as thorough background, so you can underpin your argument with powerful support </li> <li>Expert guidance on framing limiting-instructions to protect a party from jury misuse of evidence </li> <li>Extensive breakdown into subsections, so you can find the specific material you need quickly and easily </li> </ul>
Filled with practice-proven insights and guidance, Expert Evidence enables you to: <ul>
<li>Master the underlying legal principles of expert evidence as they apply to your case </li> <li>Formulate novel arguments based on solid precedent </li> <li>Validate expert evidence in products liability, medical malpractice, criminal forensics, criminal prosecutions, criminal defense, and appellate matters </li> <li>Identify statistical fallacies quickly and easily </li> <li>Find vital information and development winning strategies using numerous tables, charts, and graphs Expert Evidence deals with the ideas behind the cases in a sophisticated way</li> </ul>
</ul>

The New Wigmore: A Treatise on Evidence - Expert Evidence

Mnookin, Jennifer L.

Aspen Publishers

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Books by Kaye, David H.