I’m sure you, like me, have used or tried to use PTSD at trial, either on the merits or at least in sentencing. Along with TBI, PTSD seems to have a significant impact, especially when it results from combat. There has been a lot published over the last few years…
We previously commented on an issue of voodoo science, and more on voodoo science, and the National Research Counsel report on the future of forensics. The promoters of this piece of voodoo — a voice stress analyser — convinced law enforcement to fund and buy their expensive machine and methods…
Here's a filler piece from Slate.Nina S. Rastogi, Murder, She Wrote: How forensic handwriting identification works, Slate, 26 March 2009.Here's an interesting standard for expert testimony admissibility: According to the handful of studies on the subject, a trained examiner will be correct more often than a layman. One 1997 study…
A lot of times we get caught up in the need for an "expert" witness. If you have an expert witness the person is testifying under Mil. R. Evid. 702. True, the expert can "get-in" more information than other witnesses, but do you always need an expert. Federal Evidence blog…
According to the MJ ruling in a case I just completed in Korea, the Intoxilyzer SD2 is reliable if administered in accordance with its instruction manual and the applicable AR. However, at Camp Casey, Korea, they are not admissible. That is because the MP's do not conduct proper calibrations in…
Prof. Colin Miller has posted on how to and who may authenticate a persons voice, Follow My Voice: Seventh Circuit Finds That Voice Authentication Doesn't Need To Be Done By An Expert. Federal Rule of Evidence 901(b)(5), which states that the requirement of authentication or identification as a condition precedent…
Reference Manual on Scientific Evidence (2d ed. 2000), Federal Judicial Center. A third edition is in the works.
United States v. Lopez-Medina, 461 F.3d 724 (6th Cir. 2006). Federal Evidence Review draws attention to this case on the issue of law enforcement testimony. The case involved drugs. In military prosecutions we have similar situations where law enforcement testifies about drugs. The circuit concluded that plain error resulted: “We…
Expert Can Testify About “Role-Playing In … Sexually Explicit Conversations On The Internet”, Federal Evidence Review, 25 September 2008. For those of us who have done internet solicitation cases, the concept of role-playing and lying amongst participants is a known serious issue. These cases, as have mine, usually come up…
What do you do if you have government sponsored or endorsed "science" that helps catch thieves, cheats, and liars, and other scientists question the validity of your science — you threaten a lawsuit for libel. Professor Tillers has picked up on the interesting topic of voice analysis as first raised…