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Science, Technology, and the Law
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NCSC Documents  Recent NCSC reports and publications and NCSC seminal works. Also includes Trends articles, Court Executive Development Programs (CEDP) papers, Court Technology Conference Presentations, Justice System Journal articles and NACM Achievement Awards.

Digital Archive  Works on judicial administration accumulated since NCSC's inception in 1971 that have been digitized to preserve their historic value.

Science, Technology, and the Courts   This resource provides links to research projects and reports, conferences, and other organizations advancing STL.

Technology InfoCenter  Additional CourTopics modules related to this topic.

Topic-Related Resource Guides:   Scientific Evidence, Introductory Resources in Science, Case Types and Science Topics

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General

National Clearinghouse for Science, Technology and the Law . Stetson University College of Law .  NCSTL's free forensic database helps you find thousands of research resources about forensic science, technology & law. 

Weed, Douglas "Causation: An Epidemiologic Perspective." Journal of Law and Policy, Brooklyn Law School, Brooklyn, NY (2003).  How much scientific evidence does it take to claim causation? What kinds and characteristics of evidence are needed to claim that an exposure causes a disease?

Burger, Margaret A. "Science for Judges." Journal of Law and Policy, Brooklyn Law School, Brooklyn, NY: (2003).  The explosive growth of science and technology in our society has been mirrored by the increasing number of scientific and technological issues that arise in litigation.

Eaton, David, PhD. "Scientific Judgement and Toxic Torts." Journal of Policy and Law, Brooklyn Law School, Brooklyn, NY  (2003).  -A Primer in Toxicology for Judges and Lawyers.   Remarkable progress has been made in the past decade in understanding the molecular basis of many chronic diseases such as cancer.

Reference Manual on Scientific Evidence. Washington, DC: The Federal Judicial Center (2000).  A comprehensive manual for judges regarding various types of scientific evidence. Contains reference guides for common areas of science involved in court cases.

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DNA Testing

Advanced Science and Technology Adjudication. ASTA* continues EINSHAC's decade-long tradition of the Congressionally mandated program to prepare the courts for the impact of the human genome project. 4,000 judges were introduced to genetics, molecular biology, biotechnology and genetic engineering.  Our Platform A and B programs continue biology-based judicial education even as we branch into new Platforms that deal with information and materials and energy sciences. 

"Need for DNA Testing Taxes Courts." The Third Branch 37, no. 2 (February 2005).  The article details struggles in many courts across the country in attempting to meet the standards of the Justice for All Act, P.L. 108-405. The act substantially expanded the list of offenses under which a convicted felon’s DNA must be collected and entered into a national database where it can be matched against DNA crime evidence.

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Implications in the Jury System

Myers, Robert D. et al. "Complex Scientific Evidence and the Jury." Judicature 83, no. 3 (November 1999).  This article defines typical scientific terms used in criminal cases, highlights the problems associated with the current scientific evidence model used in most courts, and provides examples to improve jury selection, note taking abilities, and decision making tactics.

Domino, John. Effectiveness of Computer Technology in Jury Selection and Management: The Impact of One Automated System. Judicial Systems Inc. (September 1998).  This study examines the impact of one particular automated jury management system on selected courts where it is currently employed in order to determine whether court professionals in those jurisdictions believe that; 1) the "quality" of jury pools has improved; 2) judges and court administrators are able to get through the poll selection process faster; 3) the automated system saved the court money; and 4) whether the system had a positive impact on citizen satisfaction.

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Innocence Programs

Center for Wrongful Convictions. Bluhm Legal Clinic, Northwestern University School of Law.  It isn’t that Americans do not care that innocent men and women are rotting in prison or on death row, but rather that most people simply cannot accept the fact that such miscarriages of justice could happen on a large scale

The Innocence Network. The Innocence Network is an affiliation of organizations dedicated to providing pro bono legal and investigative services to individuals seeking to prove innocence of crimes for which they have been convicted and working to redress the causes of wrongful convictions.

Robertson, Gary D. N.C. Gov Sets Up Innocence Commission.  (August 2006).  The North Carolina Innocence Inquiry Commission -- the first in the nation -- will review claims made by inmates that they were wrongly convicted.  The commission will review evidence that was not used in court.  If the commission believes that the inmates claim have some validity, then it is sent to the state Supreme Court.

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Technology

Courtroom Information Project. This project, presented by Courtroom 21, is designed to give courtroom participants visual and technological information used to prepare for trial in any participating courtrooms in the U.S. The Project is an attempt to educate all court participants before trial by providing photographs and information on each courtroom’s available technology.

Recommendations and Guidelines for the Use of Digital Image Processing in the Criminal Justice System. Forensic Science Communications 5, no. 1 (January 2003).  The purpose of this document is to provide recommendations and guidelines for the use of digital image processing in the criminal justice system. The objective is to ensure the successful introduction of forensic imagery as evidence in a court of law. This document includes brief descriptions of advantages, disadvantages, and potential limitations of each major process.

Fredric I. Lederer. The Road to the Virtual Courtroom? Consideration of Today`s -- and Tomorrow`s -- High Technology Courtrooms 2000.  (December 2002).  Presented at the International Society for the Reform of Criminal Law's 16th International Conference on Technology and Its Effects on Criminal Responsibility, Security, and Criminal Justice, this paper discusses how the adoption of courtroom technology is changing the nature of both litigation and and adjudication.

Scientific Evidence in the Courts: Concepts and Controversies. Forum For State Court Judges (1997).  This summary provides highlights to the 1997 Forum, which specifically dealt with the future implications of scientific research in the courts after the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals. 

"Emerging Law on the Electronic Frontier." Journal of Computer Mediated Communication 2, no. 2 (September 1996).  This publication has a collection of essays concerning electronic communications in an increasingly interconnected world.

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NCSC Library Materials

DNA Fingerprinting and Civil Liberties National Symposium. Boston, MA: American Society of Law, Medicine, and Ethics (May 2006).  This participant notebook contains the conference agenda, as well as listing the program faculty, and has seven panels of reports which address differing aspects of using DNA in the courtroom.  (KF306 .A5 D53 2006)

Post, Leanoard. "More States Review Death Penalty Laws." National Law Journal (2006).  This article discusses the trend in 13 states to consider moratoriums on the death penalty spurred by post-conviction DNA analysis that has exposed a number of wrongful convictions, some in capital cases.  (KF175 N37)

Science for Judges VII. Brooklyn, NY: Brooklyn Law School, Federal Judicial Center, National Center for State Courts, Science, Technology, and Law Panel (2006).  This participant notebook contains an agenda for the program, as well as biographical information about eight doctors and lawyers who spoke at the conference.  It also contains ten articles regarding “Evaluating Evidence of Causation,” and five articles regarding “Forensic Laboratories: Current Issues and Standards.” (KF276 .A17 B80 2006)

Science for Judges III. Brooklyn, NY: Brooklyn Law School, Federal Judicial Center, National Center for State Courts, Science, Technology, and Law Panel of the National Academies of Science (2004).  This participant notebook contains the program agenda, a participant list, and biographical information for twelve speakers at the conference, as well as background documents regarding “Maintaining the Integrity of Scientific Research” and “Forensic Evidence in Criminal Proceedings.” (KF276 .A17 B76 2004)

Science for Judges V. Brooklyn, NY: Brooklyn Law School, Federal Judicial Center, National Center for State Courts, Science, Technology, and Law Panel of the National Academies of Science (2004).  This participant notebook contains the agenda and the logistics for the conference, biographical information for ten doctors and lawyers who spoke at the program, as well as background documents on the subjects of “Risk Assessment” and “The Availability of Data.” (KF276 .A17 B78 2005)

Science for Judges VI. Brooklyn, NY: Brooklyn Law School, Federal Judicial Center, National Center for State Courts, Committee on Science, Technology and Law of the National Academies of Science (2004).  This participant notebook contains the program agenda and participant list, in addition to background documents regarding the topics “The Duct Tape Study,” “What is a Systematic Review,” “Second Generation Anti-Depressants,” and “Breast Cancer Treatment.” (KF276 .A17 B79 2005)

Faigman, David L. et al. Modern Scientific Evidence: The Law and Science of Expert Testimony. St. Paul, MN: West Publishing Co., 2002 (2002).  This discusses the multitude of cases in which scientific evidence may be presented, from insanity cases to murder.  The book provides a fairly comprehensive discussion of the practical uses of scientific evidence to use as bases for or against cases.  The book ends with the current set of practices for using scientific evidence and how judges can filter through complicated scientific jargon.  (KF8961 .M63 v.1-4)

A Convergence of Science and Law: A Summary Report of the First Meeting of the Science, Technology, and Law Panel. Washington, DC: National Academy Press (2001).  (KF4270 .A75 S34 2000)

Young, Pamela. An Informed Response: An Overview of the Domestic Violence Court Technology Application and Resource Link. New York, NY: Center for Court Innovation (2001).  A short prospectus on creating domestic violence court applications in a technological sense.  The process of creation is followed from planning to security to information retrieval.  Issues such as victim safety, defendant accountability, and informed decision-making are all discussed in detail.  (KF9322 .Y68 2001)

Effective Use of Courtroom Technology: A Judge`s Guide to Pretrial and Trial. South Bend, IN: National Institute for Trial Advocacy (2001).  An instructional manual on how a judge must use technology both in and outside of the courtroom to benefit themselves.  This includes outlining certain courtroom technologies, and discussing the use of technologies in each part of the court process.  Each part of the trial is divided into the order in which the technologies are used, and each use is explained in detail.  (KF8732 .E48 2001)

A Judge`s Deskbook on the Basic Philosophies and Methods of Science: Curriculum Guidelines. University of Nevada-Reno (1999).  (KF8961 J83 1999)

Deitrich, James J. Horizontal Gaze Nystagmus: The Science & The Law. Washington, DC: U.S. Department of Transportation National Highway Traffic Safety Administration (1999).  (KF2231 .Z95 H67 1999)

Model Rules and Curriculum for Computer Generated Evidence. Annapolis, MD: Judicial Institute of Maryland (1998).  A proposal for how courts should develop rules for computer generated evidence.  The rules are explained using both specific law code references and plainspoken explanations.  The proposal ends by discussing the model courtroom application of this future technology-the court of the future or “Courtroom 21.”  (KFM1740 .M6 1998)

Whitehead, Marc G. National Jury Trial Innovations Project. IADC Foundations Institute (1998).  (KF8972 .W55)

Experiments in Technology: A Handbook for Court Innovators. New York: Midtown Community Court (1996).  (KFN5955 .E96 1996)

The Use of Closed-Circuit Television and Videotaped Testimony in Child Sexual Abuse Trials: An Evaluation of BJA`s Funding Program.. Washington, DC: American Bar Association, Center on Children and the Law (1996).  This pamphlet discusses possibly the most difficult set of circumstances pertaining to closed-circuit video in the courtroom: that of child sexual abuse cases.  The study looks at certain issues of these cases, and attempts to reconcile the right to know with the victim’s right to privacy.  The study ends with recommendations for further research.  (KF9323 .U83 1996)

Court Automation: File Transfer Technology Applications in Use of Court Information III: Final Report. Columbia, SC: South Carolina Bar Foundation (1995).  A complete discussion of what courts should do about file-transfer technology.  This begins with a history of the software, and previous usages in older courts.  Using an empirical study which shows the benefits of the software, the study requests that court automation must be brought completely up-to-date, finally giving tips on how to best obtain the ideal level of technological power.  (KFS2310.5 .S7 C679 1995)

Science and Technology in Judicial Decision Making: Creating Opportunities and Meeting Challenges. New York: Carnegie Commission on Science, Technology, and the Government (1993).  A short book which seeks to help facilitate the use of technology in the courts.  The board’s recommendations include greater roles of judges, integration of education programs into the court systems, and links between the scientific and judicial communities.  A glossary and usage manual are included to aid those looking to improve their technological prowess.  (KF8719 .S35 1993)

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Date Last Modified: 9/11/2009
Creation Date: 2003

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