Black robes, white coats : the puzzle of judicial policymaking and scientific evidence / Rebecca C. Harris.

Format:

Book

Author/Creator:

Harris, Rebecca C., 1972-

Language:

English

Subjects (All):

Evidence, Expert--United States.

Evidence, Expert.

Admissible evidence--United States.

Admissible evidence.

State courts--United States.

State courts.

Judicial discretion--United States.

Judicial discretion.

Physical Description:

1 online resource (212 p.)

Edition:

1st ed.

Place of Publication:

New Brunswick, N.J. : Rutgers University Press, c2008.

Language Note:

English

Summary:

Scientific evidence is commonplace in today's criminal trials. From hair and handwriting analysis to ink and DNA fingerprints, scientists have brought their world to bear on the justice system. Combining political analysis, scientific reasoning, and an in-depth study of specific state supreme court cases, Black Robes, White Coats is an interdisciplinary examination of the tradition of "gatekeeping," the practice of deciding the admissibility of novel scientific evidence. Rebecca Harris systematically examines judicial policymaking in three areas forensic DNA, polygraphs, and psychological syndrome evidence to answer the question: Why is scientific evidence treated differently among various jurisdictions? These decisions have important implications for evaluating our judicial system and its ability to accurately develop scientific policy. While the interaction of these professions occurs because the white coats often develop and ascertain knowledge deemed very useful to the black robes, Harris concludes that the black robes are well positioned to render appropriate rulings and determine the acceptability of harnessing a particular science for legal purposes. First book to systematically gather and analyze judicial decisions on scientific admissibility Analyzes several key cases including Arizona v. Bible and Kansas v. Marks Includes examples of evidence in three appendices: forensic DNA, polygraph evidence, and syndrome evidence Presents an original model of the gatekeeping process

Contents:

Frontmatter

Contents

List of Tables

Introduction

1. The Mystery of the Gatekeepers

2. Clues to Judicial Behavior

3. Forensic DNA: Law Enforcement in the Laboratory

4. Lie Detection: Victim of Law and Politics

5. Syndrome Evidence: Science Isn't Everything

6. Gatekeepers and the Politics of Knowledge

7. New Clues? Gatekeeping and the Twenty-first Century

Appendix A. State Supreme Court Cases for Forensic DNA

Appendix B. State Supreme Court Decisions for Polygraph Evidence

Appendix C. State Supreme Court Decisions for Syndrome Evidence

Notes

Bibliography

Index

About the Author

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-281-80173-9

9786611801731

0-8135-4564-1

OCLC:

476191021