Includes chapters that provide context for statistical testimony by expert witnesses Includes chapters that describe relevant statistical methodology Includes chapters applying statistical methodology to specific areas of forensic science

Includes chapters that provide context for statistical testimony by expert witnesses Includes chapters that describe relevant statistical methodology Includes chapters applying statistical methodology to specific areas of forensic science

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 New Wigmore: A Treatise on Evidence is an authoritative guide with answers to evolving questions in civil and criminal litigation . The five volume series presents the same quality of research, thought, and analysis as the original Wigmore, creating a genuine present-day counterpart to the seminal evidence treatise. Volume 1: Selected Rules of Limited Admissibility, by David Leonard, provides a sophisticated framework for lawyers and judges to understand and apply the rules that exclude evidence for policy reasons. Included are extensive discussions of: The latest amendments to Federal Rule 408 Party-oriented limited admissibility in criminal cases The types of agreements that qualify as and#8220;Mary Carterand#8221; agreements Evidence of nolo contendere pleas when the party who entered the plea brings a civil action based on the same event Admissibility of evidence of investigations conducted by a party Remedial measures taken before the event giving rise to the action or taken by a third party, or required by a government authority The use of limiting instructions and proper timing The use the doctrine of and#8220;detrimental relianceand#8221; to enforce a plea agreement the government seeks to abolish The admissibility of settlement agreements that, if not disclosed, might lead to distorted fact-finding The propriety of informing the jury that there has been a settlement of claims involving a part Volume 2: Evidentiary Privileges, by Edward J. Imwinkelried, offers unique analysis of recent evidentiary problems including application of the attorney-client privilege to government agencies and corporate entities, and the difficulty of determining exactly who holds the privilege. In these two volumes, youand#8217;ll find also a practical framework for evaluating the existence or scope of new privileges, as well as coverage of issues like these: The common interest or joint defense privilege Skirmishes over the DOJand#8217;s policies regarding corporate waiver of attorney-client privilege Privilege for mediation proceedings Burns v. Commonwealth, where the Virginia Supreme Court sharply limited the protection for confidential spousal communications The latest cases recognizing a constitutional right to informational privacy Protections for journalists and who qualifies The governmental attorney-client privilege The First Circuit decision holding that in certain circumstances, even when an individual corporate officer has a personal attorney-client privilege with corporate counsel, the corporation may unilaterally waive the privilege The latest cases on the waiver consequences of inadvertent production during pretrial discovery Volume 3: Expert Evidence, by David H. Kaye, David E. Bernstein and Jennifer L. Mnookin, provides in depth coverage of the topics that lawyers and judges must know when dealing with expert testimony about 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: 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. An in-depth look at the continuing importance and practical operation of the Frye standard. Qualifications for expert witnesses. Permissible subject matter and al