S. Forensic Evidence

From techniques that have been used for decades to emerging technologies, forensic evidence has become a prevailing feature in criminal cases. However, many techniques have never been demonstrated to be scientifically valid and/or are used well beyond the limits of their reliability. The use of forensics raises important issues regarding scientific validity, evidentiary reliability, and privacy, as well as how those forces impact due process, racial injustice, and mass criminalization This course will survey the use of different kinds of forensic evidence, focusing on the intersection of legal frameworks and scientific reliability, in relation to forensic testing, lab operations, and expert testimony. Students will also be able to compare the different forms of forensic evidence, assess scientific validity, and contemplate how to protect against the misuse of science and surveillance technologies in the criminal legal system. At the center of these considerations will be the human beings whose lives are directly impacted using such evidence.

In addition to studied topics, the course will also have a skills-based component that ties the theoretical and practical together to prepare students for forensic litigation. This is accomplished through class exercises, discussion, and the final admissibility litigation simulation. Despite the increased frequency of which forensic evidence is a part of criminal cases, most lawyers and judges feel ill-equipped to properly address these issues in litigation. By beginning this learning process in law school, as a matter of both doctrine and skill, we can ensure that the profession is adequately prepared to grapple with this rapidly growing and fast changing component of criminal litigation. Students will come away from this course with an understanding of: the relationship between scientific validity and evidentiary reliability; the constitutional implications of using mass surveillance tools in criminal investigations and prosecutions; and how to think critically about about the use of forensic methods and tools of mass surveillance in the criminal legal system.