front cover of Black Robes, White Coats
Black Robes, White Coats
The Puzzle of Judicial Policymaking and Scientific Evidence
Rebecca C. Harris
Rutgers University Press, 2008
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

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front cover of The Nature of Scientific Evidence
The Nature of Scientific Evidence
Statistical, Philosophical, and Empirical Considerations
Edited by Mark L. Taper and Subhash R. Lele
University of Chicago Press, 2004
An exploration of the statistical foundations of scientific inference, The Nature of Scientific Evidence asks what constitutes scientific evidence and whether scientific evidence can be quantified statistically. Mark Taper, Subhash Lele, and an esteemed group of contributors explore the relationships among hypotheses, models, data, and inference on which scientific progress rests in an attempt to develop a new quantitative framework for evidence. Informed by interdisciplinary discussions among scientists, philosophers, and statisticians, they propose a new "evidential" approach, which may be more in keeping with the scientific method. The Nature of Scientific Evidence persuasively argues that all scientists should care more about the fine points of statistical philosophy because therein lies the connection between theory and data.

Though the book uses ecology as an exemplary science, the interdisciplinary evaluation of the use of statistics in empirical research will be of interest to any reader engaged in the quantification and evaluation of data.
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front cover of Race and Photography
Race and Photography
Racial Photography as Scientific Evidence, 1876-1980
Amos Morris-Reich
University of Chicago Press, 2015
Race and Photography studies the changing function of photography from the 1870s to the 1940s within the field of the “science of race,” what many today consider the paradigm of pseudo-science. Amos Morris-Reich looks at the ways photography enabled not just new forms of documentation but new forms of perception. Foregoing the political lens through which we usually look back at race science, he holds it up instead within the light of the history of science, using it to explore how science is defined; how evidence is produced, used, and interpreted; and how science shapes the imagination and vice versa.
           
Exploring the development of racial photography wherever it took place, including countries like France and England, Morris-Reich pays special attention to the German and Jewish contexts of scientific racism. Through careful reconstruction of individual cases, conceptual genealogies, and patterns of practice, he compares the intended roles of photography with its actual use in scientific argumentation. He examines the diverse ways it was used to establish racial ideologies—as illustrations of types, statistical data, or as self-evident record of racial signs. Altogether, Morris-Reich visits this troubling history to outline important truths about the roles of visual argumentation, imagination, perception, aesthetics, epistemology, and ideology within scientific study.  
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front cover of Scientific Evidence and Equal Protection of the Law
Scientific Evidence and Equal Protection of the Law
Ancheta, Angelo N
Rutgers University Press, 2006

Scientific and social scientific evidence has informed judicial decisions and the making of constitutional law for decades, but for much of U.S. history it has also served as a rhetorical device to justify inequality. It is only in recent years that scientific and statistical research has helped redress discrimination—but not without controversy.

Scientific Evidence and Equal Protection of the Law provides unique insights into the judicial process and scientific inquiry by examining major decisions of the U.S. Supreme Court, civil rights advocacy, and the nature of science itself. Angelo Ancheta discusses leading equal protection cases such as Brown v. Board of Education and recent litigation involving race-related affirmative action, gender inequality, and discrimination based on sexual orientation. He also examines less prominent, but equally compelling cases, including McCleskey v. Kemp, which involved statistical evidence that a state’s death penalty was disproportionately used when victims were white and defendants were black, and Castaneda v. Partida, which established key standards of evidence in addressing the exclusion of Latinos from grand jury service. For each case, Ancheta explores the tensions between scientific findings and constitutional values. 

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