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Daubert v. Merrell Dow Pharmaceuticals case review
Daubert v. Merrell Dow Pharmaceuticals case review
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Recommended: Daubert v. Merrell Dow Pharmaceuticals case review
The article Do Fingerprints Lie? was written by Michael Specter. It challenges the subject of whether fingerprint evidence is flawless as it is generally accepted in court. For a very long time, the US court system would accept any sort of "expert testimony", regardless of whether they were legitimately experts. Opinions that were "generally accepted" in the field were allowed, even if they weren't factually proven. The case of Daubert v. Merrell Dow Pharmaceuticals brought this into a more critical light and created stricter guidelines for what could be admissible.
The article begins with the story about Shirley McKie, a police officer who was mistakenly accused of a crime because her fingerprint was found on a murder crime scene yet she
insisted that she had never entered the house. She seked for help and Allan Bayle, a senior forensic official said that the print that had been taken from the crime scene matched her left thumb, but it had actually been the print of the murderer's right forefinger. This story serves to establish the inaccuracy of two different frequently accepted ideas about fingerprints: that everyone has matchless fingerprints that can be precisely matched to a single person by the police. It turns out, though everyone does have different fingerprints (they are created in the womb based on everyone's unique movements and friction), they are very very similar, and there is not necessarily enough training within the FBI to correctly and 100% accurately identify fingerprints all the time. The anecdote serves the purpose of disproving the things that the reader thinks they know to be true. Specter also uses an abundance of quotes from experts to give the reader the best idea of what the general feeling in the fingerprinting community is towards the court case that was going on and the questioning of its validity. Specter himself is not an expert on this issue, so he realizes the need for expert testimony. He incorporates the opinions from different sides so that he can present an unbiased view of this very complicated issue.
On June 19th of 1990, Robert Baltovich’s girlfriend Elizabeth Bain went missing. Elizabeth told her family that she was going to check the tennis schedules at her school, the University of Toronto Scarborough Campus. She never returned, but her car was eventually recovered. It was found with blood on the backseat, with forensic tests showing that it was Elizabeth’s. With no clear evidence, the “solving” of the case was completely based on eyewitness testimonies, which eventually had Robert arrested for the murder of his girlfriend.
According to the Innocence Project (2006), “On September 17, 2001, Chad wrote the Innocence Project in New York, which, in 2003, enlisted pro bono counsel from Holland & Knight to file a motion for DNA testing on Tina’s fingernail scrapings.” The state had tested the DNA that was under Tina’s nail from the first case but at that time it was inadequate and could not be tested. It was not until now that we have the technology capable enough to test it. In June 2004, the test came back negative to matching both Jeremey and Chain Heins but did come from an unknown male. The state argued that it was not enough to overturn the conviction so Chad’s attorney asked the state to do some further testing and to compare the DNA from under the fingernails to the hairs that was found on Tina’s body. It was in 2005 that the Florida Department of Law Enforcement confirmed that there was a match between the DNA under Tina’s nail and the pubic hair. According to LaForgia (2006), “this particular type of DNA, the report stated, was found in only about 8 percent of Caucasian American men.” During this process there was a new piece of evidence that Chad’s attorney had learned about during the appeals process, a fingerprint. There were some accusations that the prosecutors never disclosed this information about this third fingerprint and if they did it was too late. The jurors did not even know about this fingerprint and if they did this could have changed the whole case. This fingerprint was found on several objects that included the smoke detector, a piece of glass, and the bathroom sink. It was soon discovered that this fingerprint matched with the DNA found on the bedsheets that Tina was on. This was finally enough evidence to help Chad Heins become exonerated in
Mr. Cockburn concluded that the evidence presented in this case was misinterpret and misapprehend, the leading investigation was “unscientific and slipshod” which lead to the sentence of Edward splatt. Many questions were raised, whether police officers should collect trace elements from the crime scene? The involvemet of police officers collecting samples rather than scientific experts which could lead to wrong and misleading evidence? The scientific procedure undertaking in this investigation. And these collected samples collected from officers and tested would lead to unvaluable piece of evidence.After Edward splatt conviction, anattorney- general by the name of Mr Griffin keeped a close eye on the case and examined the moran report and
Police also had fingerprints from the buick the was used in the South Braintree crime. But the fingerprints didn’t match and the police instead questioned them on their religion, political beliefs and associates, instead of the crime. The prosecutors used witnesses, but the witness accounts made no sense. Meaning it didn’t match the descriptions of the men and the stories weren’t the same and had loopholes. One witness said she saw the shooting from 60 feet away and said one of the men, which she said was Sacco, had big hands but he had small hands.
...lice or lawyers used their integrity. The police skirted around the law and use evidence that the witnesses said was not correct. They had a description of the suspect that did not match Bloodsworth but, they went after him as well. They also used eyewitness testimony that could have been contaminated.
We were presented with many facts that all pointed to Mr. Washburn as the murder. In the house all of the entrances were thoroughly inspected by authorities, and they found no sign of ransacking. “[They] examined all the locking mechanisms, all the doors and windows. In [their] opinion there was no evidence of any forced entry” (P.81). When police looked for fingerprints, “They were all of the Washburn family and the maid” (P.81). There was no trace of an outside party; somebody usually in the Washburn house committed the murder. While in the living room, an officer found a drop of blood. The evidence technician was called the next night to run some tests. “He sprayed the living room carpet with luminol. It is a luminous spray, and when it comes in contact with blood it illuminates” (P.82). To both men’s surprise the whole living room was illuminating. After spraying further the men found a trail from the living room through the kitchen to the garage. In the closet the men found a wet mop, which was tested for blood and also came back positive. Somebody tried to clean his or her bloody mess, and try to save himself. The physical evidence proves the killer was somebody who was familiar to the Washburn household.
On Thanksgiving evening, November 27, 1992, Sergeant Kenneth Mathison and his wife Yvonne drive their 1988 tan Ford van along Route 131 in Hilo, Hawaii. The rain is pouring down and before he knows it, Kenneth Mathison is awaiting police assistance as he cradles his wife’s dead body in the back of their van. Mathison, a sergeant of 25 years with the Hilo Police Department was allegedly informing his wife, a maternity nursing professional at the Hilo Medical Center, that he was being investigated in his second paternity suit. According to Mathison, when Yvonne heard the news, she jumped from the passenger side of the van. While he was looking for her in the blinding rain, Mathison purportedly ran over his wife. He then carried the body into the van and secured it with yellow rope in the back before attempting to find help. Will the forensic evidence support Mathison’s account of that fateful evening?
Jennifer Thompson-Cannino was raped at knife point in her apartment. She was able to escape and identify Ronald Cotton as her attacker. The detective conducting the lineup told Jennifer that she had done great, confirming to her that she had chosen the right suspect. Eleven years later, DNA evidence proved that the man Jennifer Identified, Ronald Cotton was innocent and wrongfully convicted. Instead, Bobby Poole was the real perpetrator. Sadly, there are many other cases of erroneous convictions. Picking cotton is a must read for anybody because it educates readers about shortcomings of eyewitness identification, the police investigative process and the court system.
When the first responder got to the scene he adimatately meet the 911 caller, who lead him to a car in an apartment parking lot. The car doors were closed and all of the windows were fogged. The police officer used his flashlight to see inside of the car before opening the door. He found a young African American woman who had been shot several times. The officers quickly called for backup, investigators and medical personnel. While awaiting for their arrival he secured the crime scene with caution tape, creating an initial perimeter setup as discussed in lecture two. Once everyone arrived he left it to them to search the car while he talked to the 911 caller, witnesses and others who had information on who had been present in the car. The investigators were able to collect physical evidence of bullets and cartage casings that were found outside the vehicle and inside the vehicle on the floorboard of the driver’s side. The team determined the bullets came from a 40 caliber. Other types of physical evidence that were found on the scene were the bloody clothing on the victim, the victim’s cell phone and fibers in the car from the driver’s side. personnel at the scene crime took several photographs, powered test for finger prints and did a blood spatter analysis. Stewart’s autopsy revealed that she had been shot at close range in the left hand once and in the
Crime is a common public issue for people living in the inner city, but is not limited to only urban or highly populated cities as it can undoubtedly happen in small community and rural areas as well. In The Real CSI, the documentary exemplified many way in which experts used forensic science as evidence in trial cases to argue and to prove whether a person is innocent or guilty. In this paper, I explained the difference in fingerprinting technology depicted between television shows and in reality, how DNA technology change the way forensics evidence is used in the court proceedings, and how forensic evidence can be misused in the United States adversarial legal system.
Another discrepancy between actual forensics and how it is portrayed in the media is the availability of information in databases. There is only a small percentage of the entire population’s fingerprints or DNA samples stored within databases such as the Integrated Automated Fingerprint Identification System (IAFIS). This makes finding a match between a DNA sample or fingerprint difficult, as a match would only be found if the person’s information was already stored within the database. If there is no match previously stored in a database, the fingerprint or DNA sample could be potentially rendered useless within a trial. Typically, in order to perform an analysis, investigators must already have a suspect in mind and request a DNA or fingerprint sample from him or her. If the suspect does not want to provide one however, the sample collected as evidence may not count as valid. The CSI effect creates an idealized image that all crimes can be solved with a hair or drop of blood, but this is not always the case in real life.
Lyman, D. Michael; Criminal Investigation, The Art and Science; 3rd edition, 2002 Prentice Hall. Pgs. 188-200.
First and foremost is the Michael Mosley case. Michael Mosley was convicted murdering a couple ten years ago (Wurtman, 2011). Two other men were cleared when Mosley’s DNA was found at the scene of the murder (Crowe II, 2012). Also, there was a palm print on the wall and further DNA on the sheets in the bedroom (Wurtman, 2011). In contrast to all the evidence, Mosley’s attorney offered an alternative reason and painted a picture of different events to explain Mosley’s DNA’s presence (Wurtman, 2011). However, the jury didn’t buy the defense’s story, and Michael Mosley’s conviction led to a call for the DNA database to be worked on with the most interesting fact being that Michael Mosley had no DNA in the system until seven years later than the crime (Crowe II, 2012).
The three different main types of fingerprints are Loops, Arches, and Whorls (Jackson 1). Henry Faulds is known as the Father of Fingerprints and developing fingerprints (Jackson 1). His discovery of fingerprints has made a huge impact not only in his time but, in Modern Crime Scene Investigation (Jackson 1). Without fingerprinting, it would be very difficult to convict criminals of crimes and very hard to try to process information. Crime Scene Investigators make a huge impact in Forensic Science. We need CSI workers, without them people could only imagine what crime would be like not only in our community, but in our
The most interesting aspect was the Chamberlin case and the reversal of the interpretation of evidence that resulted in the release of the Lindy Chamberlain (Houck & Siegel, 2010). It begs us to consider the power of evidence and the ability of law enforcement to misinterpret the results. Not only are innocent people convicted, most importantly guilty people can go free. Just think chocolate milk could render a false positive for chocolate milk. Perhaps now DNA could decipher the difference between cattle and human samples, it is the knowledge that evidence can be swayed by a person’s opinion without serving the truth. This story heightened the relevance of specimen collection, testing, and