Monday, December 15, 2008

Bunk Forensic Science and Due Process

It takes a long time for courts to recognize bunk forensic science as bunk. The experience with the now-discredited paraffin test is just one of many examples. Will the day soon arrive when courts will generally acknowledge that the "theory" of wholesale repressed memory has so little probative value -- probative value akin to that of astrology -- that courts will decide (i) "expert" evidence about repressed memory evidence cannot support a claim of an excusable failure to discover a cause of action for purposes of calculating limitations periods on civil actions for sexual wrongs and (ii) the use of repressed memory evidence against a defendant in a criminal trial is a violation of due process?

Sympathy for victims of child molestation or for victims of sexual assault does not excuse or justify the use of nearly-worthless evidence.

the dynamic evidence page

coming: the law of evidence on Spindle Law


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