front cover of The Double Helix and the Law of Evidence
The Double Helix and the Law of Evidence
David H. Kaye
Harvard University Press, 2010
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.
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front cover of Genetic Witness
Genetic Witness
Science, Law, and Controversy in the Making of DNA Profiling
Jay D. Aronson
Rutgers University Press, 2007
When DNA profiling was first introduced into the American legal system in 1987, it was heralded as a technology that would revolutionize law enforcement. As an investigative tool, it has lived up to much of this hype—it is regularly used to track down unknown criminals, put murderers and rapists behind bars, and exonerate the innocent. 
   
Yet, this promise took ten turbulent years to be fulfilled.  In Genetic Witness, Jay D. Aronson uncovers the dramatic early history of DNA profiling that has been obscured by the technique’s recent success.  He demonstrates that robust quality control and quality assurance measures were initially nonexistent, interpretation of test results was based more on assumption than empirical evidence, and the technique was susceptible to error at every stage. Most of these issues came to light only through defense challenges to what prosecutors claimed to be an infallible technology.  Although this process was fraught with controversy, inefficiency, and personal antagonism, the quality of DNA evidence improved dramatically as a result. Aronson argues, however, that the dream of a perfect identification technology remains unrealized.
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front cover of Justice and Science
Justice and Science
Trials and Triumphs of DNA Evidence
George "Woody" Clarke
Rutgers University Press, 2007

Databases of both convicted offenders and no-suspect cases demonstrate the power of DNA testing to solve the unsolvable. George “Woody” Clarke is a leading authority in legal circles and among the news media because of his expertise in DNA evidence. In this memoir, Clarke chronicles his experiences in some of the most disturbing and notorious sexual assault and murder court cases in California. He charts the beginnings of DNA testing in police investigations and the fight for its acceptance by courts and juries. He illustrates the power of science in cases he personally prosecuted or in which he assisted, including his work with the prosecution team in the trial of O. J. Simpson.

Clarke also covers cases where DNA evidence was used to exonerate. He directed a special project in San Diego County, proactively examining over six hundred cases of defendants convicted and sentenced to prison before 1993, with the goal of finding instances in which DNA typing might add new evidence and then offered testing to those inmates.

As Clarke tells the story of how he came to understand and use this new form of evidence, readers will develop a new appreciation for the role of science in the legal system.

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front cover of Truth Machine
Truth Machine
The Contentious History of DNA Fingerprinting
Michael Lynch, Simon A. Cole, Ruth McNally, and Kathleen Jordan
University of Chicago Press, 2008

DNA profiling—commonly known as DNA fingerprinting—is often heralded as unassailable criminal evidence, a veritable “truth machine” that can overturn convictions based on eyewitness testimony, confessions, and other forms of forensic evidence. But DNA evidence is far from infallible. Truth Machine traces the controversial history of DNA fingerprinting by looking at court cases in the United States and United Kingdom beginning in the mid-1980s, when the practice was invented, and continuing until the present. Ultimately, Truth Machine presents compelling evidence of the obstacles and opportunities at the intersection of science, technology, sociology, and law.

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