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Forensic Anthropology and the United States Judicial System

Forensic Anthropology and the United States Judicial System

Authors
Publisher Blackwell Science
Year 01/08/2019
Edition First
Pages 256
Version hardback
Readership level Professional and scholarly
Language English
ISBN 9781119470052
Categories International law, Analytical chemistry
$116.00 (with VAT)
449.00 PLN / €97.89 / £88.96
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Book description

A guide to the interface between forensic anthropology and the United States legal system Designed for forensic anthropologists at all levels of expertise, Forensic Anthropology and the United States Judicial System offers a comprehensive examination of how to effectively present osteological analyses, research and interpretations in the courtroom. Written by noted experts, the book contains an historical perspective of the topic, a review of current legislation that affects expert testimony as well as vital information on courtroom procedure and judicial expectation of experts. A comprehensive book, Forensic Anthropology and the United States Judicial System explains how to prepare case reports and offers suggestions for getting ready for pre-trial interviews. The book also includes detailed information on affidavits, fee structures and dealing with opposing experts. This book is part of the popular Wiley - American Association for Forensic Sciences series and: Offers a unique volume that addresses the interface between forensic anthropology and the legal system Contains detailed guidelines for expert testimony by forensic anthropologists with all levels of experience, from beginner to expert Includes information from the perspective of the Judiciary in terms of process and expectations of the Court Shows how to maintain independence from, and collaborate with other experts Presents detailed explanations of current legislation impacting forensic science Forensic Anthropology and the United States Judicial System is an information-filled guide for practitioners of the rapidly growing field that integrates forensic sciences and the judicial system.

Forensic Anthropology and the United States Judicial System

Table of contents

Notes on contributors xiii


Preface xix


Series preface xxiii


Foreword xxv


Acknowledgments xxix


About the editors xxxi


Glossary xxxiii


Part I Context


1 Confrontation: where forensic science meets the sixth amendment 3
Jennifer C. Love and Laura C. Fulginiti


1.1 Sixth amendment 4


1.1.1 Ohio v. Roberts, 448 U.S. 56 (1980). Argued November 26, 1979 - decided June 23, 1980, 5


1.1.2 Crawford v. Washington, 541 U.S. 36 (2004). Argued November 10, 2003 - decided March 8, 2004, 7


1.1.3 Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009). Argued November 10, 2008 - decided June 25, 2009, 8


1.1.4 Bullcoming v. New Mexico, 564 U.S. 647 (2011). Argued March 2, 2011 - decided June 23, 2011, 10


1.1.5 Williams v. Illinois, 567 U.S. 50 (2012). Argued December 6, 2011, - decided June 18, 2012, 11


1.2 Impact on forensic practitioners 12


1.A Appendix 14


1.A.1 Example of Florida application to compel testimony 16


1.A.2 Example of Arizona court order in response to Florida request 17


References 17


2 "Somewhere in this twilight": the circumstances leading to the National Academy of Sciences' report 19
Thomas Holland and Christian Crowder


2.1 Introduction 19


2.2 The long road to Daubert 20


2.2.1 The Frye standard of general acceptance 20


2.3 The federal rules of evidence 22


2.4 The rise of the toxic tort 24


2.5 Daubert and the supremacy of the FRE 25


2.6 The aftermath of Daubert 28


2.7 Llera Plaza and the assault on fingerprints 28


2.8 Fear, reality, and forensic anthropology 30


2.9 The gauntlet is thrown: the NAS gets involved 31


2.10 The CSI effect 31


2.11 The congressional response 32


2.12 The forensic sciences respond 33


2.13 Picking up the gauntlet 34


2.14 Conclusions 35


Notes 37


References 38


3 From the laboratory to the witness stand: research trends and method validation in forensic anthropology 41
Jonathan D. Bethard and Elizabeth A. DiGangi


3.1 Introduction 41


3.2 Research in forensic anthropology - a bibliometric survey 43


3.3 Court decisions and research 48


3.4 Conclusion and a path forward 49


Acknowledgments 50


References 50


4 Expertise and the expert witness: contemporary educational foundations of forensic anthropology 53
Katelyn L. Bolhofner and Andrew C. Seidel


4.1 A brief historical overview of the discipline 54


4.2 The educational background of early forensic anthropologists 55


4.3 The forensic anthropologist as expert witness 57


4.4 Current educational programs and training opportunities 58


4.4.1 Contemporary educational

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