#1
Forensic and Expert Evidence
https://www.law.umich.edu/special/exoneration/Page…
Part 1 (~1 paragraph)
The textbook gives the percentage of all exonerations to which forensic evidence contributed as of 2021 and the percentage of DNA exonerations to which forensic evidence contributed as of 2014 . What are these percentages today, for both all exonerations and DNA exonerations? Have they gone up or down? Is the change significant, or is it mostly consistent over time?
Why is the percentage so different between all exonerations and DNA exonerations?
Part 2 (~1 paragraph)
Read the story in the Registry about the Massachusetts Drug Laboratory discussed in the textbook.
As the textbook notes, 18,000 defendants had their convictions reversed because of the scandal involving the Massachusetts Drug Laboratory. How is this possible, if there are only ~3,600 exonerations in the Registry?
Some students in their comments on the reading, wondered how many of these 18,000 people are innocent. How many do you think are? How many do you think are exonerated? What are your definitions of innocence and exoneration?
Are there are any “group exonerations” in the Registry that are nearly as large as the Massachusetts Drug Laboratory discussed in the textbook? Do they also involve forensic science? Do they also involve Massachusetts?
How would it affect the Registry’s statistics if these cases were included in the “main” Registry? Would that be a problem? Why or why not?
#2 Admissibility of Expert Evidence
Part 1
The textbook describes a number of different problems with forensic evidence. Choose a case from the National Registry of ExonerationsLinks to an external site. in which “false or misleading forensic evidence” contributed to the conviction. What forensic evidence contributed to the case (e.g., fingerprints? DNA?)? Which of the problems described by the textbook do you think apply to this case?
What, if anything, do you think the defense attorney could have done to rebut the forensic evidence?
Part 2
Should the forensic evidence in your case have been admitted into evidence at trial? Write 4 different short-paragraph arguments answering this question. In other words, you are being asked to argued both sides of the case under two different legal admissibility standards. You are free, but not required, to do research outside the class materials.
Yes, under the Frye standard.
No, under the Frye standard.
Yes, under the Daubert standard.
No, under the Daubert standard.