Forensic Sciences: Judges As Gatekeepers

Waymaker

Courts & Judiciary

Paulette Brown: The New ABA President—Inspiration for a Diverse Profession

By Judge Michele D. Hotten

Paulette Brown is the first woman of color to assume the ABA presidency. "I have to be the very best that I can be to set an example for those younger than I so that they will understand the possibilities," she declares. "I challenge up-and-coming attorneys to do the same."

Features

Discovery

Uncertain Justice Measurement: Uncertainty and the Discovery of Truth in the Courtroom

By Ted Vosk

Measured results must be accompanied by quantitative measures of their margin of error—their uncertainty—to be admissible. Otherwise evidence is divested of the fact-finding power of science and undermines confidence in verdicts based upon it.

Discovery

Medical Forensic Sexual Assault Examinations: What Are They, and What Can They Tell the Courts?

By Lynn Hecht Schafran

A medical forensic sexual assault examination and testimony of a trained sexual assault nurse examiner can provide useful evidence. The law limits, however, the scope of the testimony and what the examination findings can actually prove.

Courts & Judiciary

The Parental Alienation Controversy: Two Opposing Views

By Judge Stephanie Domitrovich, PhD

Controversy surrounds the admissibility of evidence of parental alienation in both civil and criminal court cases. The following two articles in this issue present diametrically opposed positions.

Evidence

Parental Alienation Syndrome: 30 Years On and Still Junk Science

By Rebecca M. Thomas and James T. Richardson

In 30 years, no test, data, experiment, or other credible scientific evidence has supported parental alienation syndrome. This lack of scientific credibility has led many scientific, medical, and legal organizations to continue to reject its use.

Courts & Judiciary

Parental Alienation: Misinformation versus Facts

By William Bernet

It is incorrect to dismiss PA by calling it junk science or lacking in empirical evidence. PA allegations should be considered in enough detail to sort out the truth, half-truths, and non-truths. Given the complexity of family life, there are no easy answers.

Courts & Judiciary

“. . . and the courts have been utterly ineffective”

By Michael J. Saks and Ashley M. Votruba

A National Academy of Sciences report and subsequent studies indicate that forensic science professionals have yet to establish the validity of their approach or the accuracy of their conclusions and that courts have failed to come to grips with those failures.

Courts & Judiciary

Forensic Handwriting Comparison Examination in the Courtroom

By Thomas W. Vastrick

A properly trained forensic document examiner has the training and methodology to provide reliable information to the trier of fact. Judges have the duty to filter out misinformation or partial truths offered by unqualified “experts” or “critics.”

Science & Engineering

Scientific Evidence Resources on the Web

By Carol Henderson and Diana Botluk

This article provides an overview of valuable Web-based information on scientific evidence that the legal profession needs and the criminal and civil justice systems require for justice to be served in today’s science- and technology-driven climate.

Technology Column

Courts & Judiciary

Technology and the Future of Legal Services

By Judge Herbert B. Dixon Jr.

The ABA Commission on the Future of Legal Services has generated much discussion about ways to address the huge market of unmet legal needs. This column explores some technology possibilities for consideration by the Commission.

Ethics Column

Ethics

Ethical Issues and Forensic Evidence: How Much Science Should a Judge Know?

By Marla N. Greenstein

Judges are impartial arbiters of fact, relying on presentations in court for their education about facts to be proven. At what point is science best presented in court through experts and not directly to judges through professional education?

Renew Your ABA Membership

Forensic Sciences: Judges As Gatekeepers

Education in Forensic Sciences: Tools for Judges as Gatekeepers

Waymaker

Paulette Brown: The New ABA President—Inspiration for a Diverse Profession

Features

Uncertain Justice Measurement: Uncertainty and the Discovery of Truth in the Courtroom

Medical Forensic Sexual Assault Examinations: What Are They, and What Can They Tell the Courts?

The Parental Alienation Controversy: Two Opposing Views

Parental Alienation Syndrome: 30 Years On and Still Junk Science

Parental Alienation: Misinformation versus Facts

“. . . and the courts have been utterly ineffective”

Forensic Handwriting Comparison Examination in the Courtroom

Scientific Evidence Resources on the Web

Technology Column

Technology and the Future of Legal Services

Ethics Column

Ethical Issues and Forensic Evidence: How Much Science Should a Judge Know?

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Forensic Sciences: Judges As Gatekeepers

Education in Forensic Sciences: Tools for Judges as Gatekeepers

Waymaker

Paulette Brown: The New ABA President—Inspiration for a Diverse Profession

Features

Uncertain Justice Measurement: Uncertainty and the Discovery of Truth in the Courtroom

Medical Forensic Sexual Assault Examinations: What Are They, and What Can They Tell the Courts?

The Parental Alienation Controversy: Two Opposing Views

Parental Alienation Syndrome: 30 Years On and Still Junk Science

Parental Alienation: Misinformation versus Facts

“. . . and the courts have been utterly ineffective”

Forensic Handwriting Comparison Examination in the Courtroom

Scientific Evidence Resources on the Web

Technology Column

Technology and the Future of Legal Services

Ethics Column

Ethical Issues and Forensic Evidence: How Much Science Should a Judge Know?

ABA Resources

The ABA

Connect