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The double helix and the law of evidence

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Harvard University Press 1 views
ISBN
9780674035881
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Bridging law, genetics, and statistics, this book is an authoritative history by a participant in the long and tortuous process by which DNA science was integrated into the American legal system. In a history both scientifically sophisticated and comprehensible to the general reader, David 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 convimnce lay judges influenced 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 book is an iinformative and procative contribution to the interdisciplinary study of law and science.

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