Exam 13: Results of Examinations and Tests

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In considering the use of results of blood, urine, and breath tests to determine intoxication, and comments by the prosecutor concerning a defendant's refusal to take the test, the United States Supreme Court has determined that:

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Has any court approved the use of neutron activation analysis as a means of detecting the presence of certain chemical elements? Are there any dangers in using this method? Explain.

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Yes, neutron activation analysis has been approved for use in court cases as a means of detecting the presence of certain chemical elements. This method has been used in forensic science to analyze evidence such as gunshot residue, hair, and soil samples. It has also been used in environmental studies to detect pollutants and in archaeology to analyze artifacts.

However, there are potential dangers in using neutron activation analysis. The process involves exposing samples to neutron radiation, which can be hazardous to human health if not properly controlled. Additionally, the process can produce radioactive waste that must be carefully managed and disposed of. Therefore, it is important for laboratories and researchers to follow strict safety protocols and regulations when using neutron activation analysis.

In conclusion, while neutron activation analysis has been approved for use in court cases and has various applications in scientific research, it is important to be aware of the potential dangers associated with this method and to take appropriate safety measures.

In the case of Commonwealth v. Gaynor, a jury convicted the defendant of rape and murder of four women over a period of time. Investigators saved human material from the private areas of the women that experts much later tested for DNA markers related to identity. His attack on the DNA evidence consisted of arguing that the company that conducted the tests could not distinguish DNA from separate sources, and he challenged the way the tests were conducted. Additionally, he questioned the company's math and suggested their use of a genetic database as being inadequate. How did the court rule on the various challenges? The DNA case challenges seem to go more to the mechanics of the testing than to questioning the scientific validity of DNA.

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In the case of Commonwealth v. Gaynor, the defendant, Alfred Gaynor, was convicted of the rape and murder of four women. The DNA evidence played a crucial role in linking him to the crimes. When Gaynor challenged the DNA evidence, his arguments focused on the technical aspects of the DNA testing process rather than disputing the underlying scientific validity of DNA evidence itself.

Gaynor's attack on the DNA evidence included questioning the ability of the testing company to distinguish DNA from separate sources, the methodology of the tests, the mathematical calculations used, and the adequacy of the genetic database employed in the analysis.

The court's ruling on these challenges would have considered the admissibility of the DNA evidence under the relevant legal standards, which typically involve an assessment of whether the testing methods are generally accepted in the scientific community, whether the laboratory conducting the tests adheres to proper protocols, and whether the evidence is relevant and reliable.

While the specifics of the court's ruling on each of Gaynor's challenges are not provided in the question, courts generally look for the following when evaluating such challenges:

1. **Validation of the Testing Method**: The court would assess whether the DNA testing methods used are scientifically valid and accepted by the forensic community.

2. **Laboratory Procedures**: The court would examine if the laboratory followed standardized procedures and whether the tests were conducted by qualified personnel.

3. **Chain of Custody**: The court would ensure that the evidence was properly collected, stored, and analyzed without contamination or tampering.

4. **Statistical Analysis**: The court would review the statistical methods used to calculate the likelihood of a DNA match to ensure they are appropriate and scientifically sound.

5. **Database Adequacy**: The court would consider whether the genetic database used for comparison was sufficiently large and representative to support the conclusions drawn from the DNA evidence.

If the court found that the DNA evidence met the necessary standards for admissibility, it would likely reject Gaynor's challenges and allow the evidence to be presented to the jury. The jury would then weigh the DNA evidence along with all other evidence in the case to reach a verdict.

In the end, the court's role is to ensure that the evidence presented is fair and reliable, and it is up to the jury to determine the weight and credibility of that evidence in the context of the entire case.

Evidence that is the result of examinations and tests conducted in or out of court:

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What are the reasons and rationales that many courts offer for declining to allow evidence of polygraph examinations as proof in criminal trials?

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In the Supreme Court case Maryland v. King (2013), involving the collection of DNA from arrestees:

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The courts have established rules concerning the admissibility of novel scientific evidence. In interpreting the Federal Rules of Evidence, the United States Supreme Court has:

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In jurisdictions in which the results of polygraph examinations are inadmissible in court,

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In People v. Wilkinson, the defendant wanted to prove that polygraph evidence was reliable and should be introducible in California state courts. The Supreme Court of California determined:

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Blood tests often serve the useful purpose of identification in criminal cases. In considering the admissibility of such tests, it is generally agreed that:

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Several courts have considered the use of the horizontal gaze nystagmus test (HGN) to estimate the level of alcohol in the blood. The decisions indicate that:

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Testimony relating to fingerprint comparisons:

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Is testimony regarding fingerprint comparisons for identification purposes authorized in a criminal case? How can one qualify as a fingerprint expert? Are the police required to take fingerprints at the scene of a crime? Must the officer give the Miranda warnings before taking fingerprints?

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In People v. Wilkinson, the defendant wanted to be permitted to present evidence that the polygraph should be admissible in California criminal trials. She wanted to be able to prove that the polygraph was a reliable concept. Why did the court refuse to permit her to offer proof in support of the admissibility of polygraph examinations?

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In City of Cleveland Heights v. Katz, a police officer observed a vehicle driven by Katz traveling at an elevated level of speed, and managed to clock him with a radar unit. A municipal court convicted Katz of speeding and he appealed, contending that the radar gun and the instruments used to calibrate the radar gun had not been shown to have been properly tested. The appellate court:

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In City of Cleveland Heights v. Katz, among other allegations, the defendant contended that the tools used to test the calibration of the radar gun in question must themselves have been proven to be in proper operating order before they could be used to determine the accuracy of the radar gun. The reviewing court:

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How does one qualify as a witness to testify about the results of ballistics experiments? Give examples of some of the subjects of ballistics expert testimony.

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The courts have held that the results of neutron activation analysis:

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Describe the deoxyribonucleic acid

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What constitutional provisions are usually referred to when challenging examinations of the body for such things as traces of blood, bruises, and marks?

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