Scientific Evidence Resource Guide
For Resources concerning evidence in general, see the Evidence Law Resource Guide.
For Resources concerning finding and using expert witnesses, see Expert Witnesses - Additional Resources
Introduction
Scientific Evidence focuses on the admissibility of expert testimony as well as physical, biological, and psychological data. Topics include judicial evaluation of experts and data, particularly the relationship of specific data to its larger scientific field and the scientific foundation of expert opinion, as well as statistical, research, and forensic methods. Depending upon the nature of the case at hand, you will also encounter one or more topics in the vast myriad of life and physical sciences information, such as genetics, epidemiology, psychology, economics, and geology.
Current scientific knowledge is primarily found in the journal literature, and one should never simply rely upon books. When searching the journal literature, note that, in addition to supporting keyword searching, scientific indexing and abstracting services tend to use thesauri or controlled vocabulary. This means human beings are involved in the indexing and abstracting of scientific journal literature, resulting in extremely detailed and precise databases. For example, MeSH (Medical Subject Headings) is the thesaurus used by the U.S. National Library of Medicine in its MEDLARS (Medical Literature Analysis and Retrieval System) databases. MEDLARS has over 40 databases, including Medline/PubMed. You may want to use MeSH when constructing search statements to take full advantage of the high quality comprehensive indexing supporting the MEDLARS databases.
In general, scientific literature indexing and abstracting services do not provide full-text documents. However, many provide links to full-text document services, and many journals are now available electronically. See the Journal Articles and Current Awareness Services section below for additional information on print and electronic indexes, as well as electronic full-text journals.
Please contact the Law Library's Research Services librarians during their Research Services hours, or via email to research.services@law.csuohio.edu for help with locating or using any of the resources discussed in this guide.
Statutes and Codes
US Code: Public Health and Welfare: Chapter 46: Justice System Improvement: Subchapter 15: Paul Coverdell Forensic Sciences Improvement Grants §§3797j - 3797u ; Chapter 136: Violent Crime Control and Law Enforcement: Subchapter 9: State and Local Law Enforcement: Part A: DNA Identification 42 USC §§14131-14135 [Links via Cornell Law School's Legal Information Institute; "generated from the most recent version made available by the US House of Representatives."]
Ohio Code: Health-Safety-Morals: Chapter 3701: Department of Health: Analyzing blood, urine, breath or other bodily substance to determine alcohol or drug of abuse content 3701.143; Chapter 3742: Lead Abatement: Adoption of rules by Public Health Council 3742.50.
Regulations and Rules
Code of Federal Regulations: Judicial Administration: Chapter 1: Department of Justice: Part 28: DNA Identification System 28 CFR 28 [Link via GPO Access.]
Federal Rules of Evidence: Article VII: Opinions and Expert Testimony 701-706; Article IX: Authentication and Identification 901-903; Article X: Contents of Writings, Recordings, and Photographs 1001-1008 [Links via Cornell Law School's Legal Information Institute.]
Ohio Administrative Code: Department of Health - Administration and Director: Lead Screening and Assessment OAC 3701-30; Alcohol Testing OAC 3701-53 [Links via State of Ohio government Web site.]
Ohio Rules of Evidence: Article VII: Opinions and Expert Testimony 701 - 706; Article IX: Authentication and Identification 901-903; Article X: Contents of Writings, Recordings, and Photographs 1001-1008 [Link via Ohio Supreme Court.]
Treatises and Practice Guides
Selected significant treatises and practice guides in the Cleveland-Marshall College of Law Library collection which provide a foundation in issues of scientific evidence include the following:
ABA Standards for Criminal Justice: DNA Evidence. American Bar Association, c2007. KF9666.5 .A33 2007
Cell Phone Forensic Tools: an Overview and Analysis / Rick Ayers, et al. U.S. Dept. of Commerce, National Institute of Standards and Technology, 2005. Electronic
Confronting Mental Health Evidence: a Practical Guide to Reliability and Experts in Family Law / John A. Zervopoulos. American Bar Association, c2008. KF8965 .Z47 2008
DNA: Forensic and Legal Applications / Lawrence Kobilinsky, Thomas F. Liotti, Jamel Oeser-Sweat. Wiley-Interscience, c2005. KF9666.5 .K63 2005
Econometrics: Legal, Practical, and Technical Issues. ABA Section of Antitrust Law, c2005. KF8968.23 .E26 2005
Effective Expert Witnessing: Practices for the 21st Century / Jack V. Matson, Suha F. Daou, and Jeffrey G. Soper. CRC Press, c2004 KF8961 .M38 2004
Evaluating Scientific Evidence: an Interdisciplinary Framework for Intellectual Due Process / Erica Beecher-Monas. Cambridge University Press, c2007. KF8961 .B44 2007
Expert Evidence in Criminal Law: the Scientific Approach / Alan D. Gold. Irwin Law, c2003. K5485 .G64 2003
Experts in Civil Cases: an Inside View / Fred Prichard. LFB Scholarly Pub., c2005. KF8968.25 .P75 2005
Experts in Court: Reconciling Law, Science, and Professional Knowledge / Bruce D. Sales and Daniel W. Shuman. American Psychological Association, c2005. KF8965 .S25 2005
Forensics for Lawyers. Ohio State Bar Association CLE Institute, c2003. HV8073 .F6 2003
Handbook of Human Factors in Litigation / Y.Ian Noy and Waldemar Karwowski. CRC Press, c2005. KF8968.25 .H36 2005
Investigations Involving the Internet and Computer Networks. U.S. Dept. of Justice, Office of Justice Programs, 2007. HV8079 .C65 I68 2007
A Litigator's Guide to DNA: from the Laboratory to the Courtroom / Ron C. Michaelis, Robert G. Flanders, Jr., and Paula H. Wulff. Elsevier Academic Press, c2008. KF9666.5 .M53 2008
A Litigator's Guide to Expert Witnesses / Cecil C. Kuhne, III. American Bar Association, c2006. KF8961 .K84 2006
Mass Fatality Incidents: a Guide for Human Forensic Identification / Technical Working Group fro Mass Fatality Forensic Identification. U.S. Dept. of Justice, Office of Justice Programs, 2005. Electronic
Mental Disability Law, Evidence, and Testimony: a Comprehensive Reference Manual for Lawyers, Judges, and Mental Disability Professionals / John Parry and Eric Y. Drogin. American Bar Association Commission on Mental and Physical Disability Law, c2007. KF480 .P3696 2007
The Methods of Attacking Scientific Evidence / Edward J. Imwinkelried. LexisNexis, c2004. KF8961 .I45 2004
Modern Scientific Evidence: the Law and Science of Expert Testimony / David L. Faigman, et al. Thomson/West, c2005-. KF8961 .M63
Murderous Methods: Using Forensic Science to Solve Lethal Crimes / Mark Benecke. Columbia University Press, c2005. HV8079 .H6 B4613 2005
Postmortem: How Medical Examiners Explain Suspicious Deaths / Stefan Timmermans. University of Chicago Press, c2006. RA1063.4 .T56 2006
Psychiatric and Psychological Evidence / Daniel W. Shuman. Thomson/West, c2005-. KF8965 .S57 2005
Psychology and Law: Theory, Research, and Application / Curt R. Bartol and Anne M. Bartol. Thomson/Wadsworth, c2004. KF8922 .B37 2004
Science for Lawyers / Eric York Drogin, ed. American Bar Association Section of Science & Technology Law, c2008. K487 .S3 S255 2008
Scientific Evidence / Paul C. Giannelli and Edward J. Imwinkelried. LexisNexis, c2007. KF8961 .G53 2007
[Also on LexisNexis]
Scientific Evidence and Equal Protection of the Law / Angelo N. Ancheta. Rutgers University Press, c2006. KF4755 .A96 2006
The Use of Science and Technology in Service to Children in the Courts / Michael Edmond Donnelly. Peter Lang Pub., c2006. KF9673 .D66 2006
Searching Scholar and OhioLINK
Scholar is the electronic catalog for Cleveland State University's Law Library and University Library. CSU also participates in the state-wide consortia OhioLINK, which provides access to a state-wide central catalog and numerous research databases. For treatises and other materials on scientific evidence, search the Scholar and OhioLINK catalogs with the subject headings Evidence, Expert; Forensic Sciences; and Science and Law. See also the 10+ Forensic Sciences Related Subject Headings and specific topics such as DNA Fingerprinting, Lie Detectors and Detection, and Writing - Identification.
Journal Articles and Current Awareness Services
See the Finding Articles in Law Reviews, Journals and Other Legal Periodicals guide for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community. That guide covers print and electronic indexes, as well as electronic full-text journals. In particular, note OhioLINK's Electronic Journal Center and its Earth Sciences, Health Sciences and Medicine, Life Sciences, and Social Sciences subject clusters.
Selected specialty journals and current awareness materials concerning Scientific Evidence in the Cleveland-Marshall College of Law Library collection include:
Albany Law Journal of Science and Technology. Union University Albany Law School. K1 .L381 & Electronic
Boston University Journal of Science and Technology Law. Boston University School of Law. K2 .O976 & Electronic
Forensic Science Review. Central Police University Press. K6 .O757
Jurimetrics. American Bar Association Section of Science and Technology. K10 .U68 & Electronic
Law, Science and Policy: an International Journal. A B Academic Publishers. K9 .N8
Scientific Evidence Review. American Bar Association Section of Science and Technology Standing Committee on Scientific Evidence. KF8961 .A75 S25
The Scitech Lawyer. American Bar Association Section of Science and Technology Law. KF325.188 .B8 (current 2 years only)
Temple Journal of Science, Technology and Environmental Law. Temple University James Beasley School of Law. K24 .E45 & Electronic
Databases / Web Resources
American Bar Association: Criminal Justice Section
American Bar Association: Criminal Justice Standards on DNA Evidence
American Academy of Forensic Sciences
American Academy of Forensic Sciences: Forensic Sciences Foundation - "the educational, scientific, and research arm of the Academy."
American Association of Physical Anthropologists
American Board of Forensic Toxicology
American College of Forensic Examiners Institute
American Medical Forensic Specialists, Inc.
American Society for Testing and Materials: Technical Committee E30 on Forensic Sciences
American Society of Crime Laboratory Directors
Peter Nordberg's Daubert on the Web - Provides information on resolving "Daubert" challenges, over 800 federal appellate decisions, federal appellate decisions by expert field, selected state decisions, as well as a blog and discussion forum.
Forensic Accountants Society of North America
Zeno Geradts' Forensic Science Site
International Association for Identification -The "oldest and largest forensic science/forensic identification organization in the world" that offers bloodstain pattern examiner, crime scene, footwear, forensic art, forensic photography, latent print, and tenprint fingerprint certification programs.
International High Technology Crime Investigation Association - "Designed to encourage, promote, aid and effect the voluntary interchange of data, information, experience, ideas and knowledge about methods, processes, and techniques related to investigations and security in advanced technologies among its membership."
International Society of Environmental Forensics
Karolinska Institutet's Pathology and Forensic Medicine
LexisNexis: Area of Law - By Topic: Litigation Practice and Procedure - Includes federal and state cases, court rules, statutes and legislative materials, administrative materials and regulations, jury instructions, law reviews and journals, treatises and analytical materials, CLE course listings and information, legal news, legal reference materials, medical journals, medical news and information, and medical references (including Medline).
National Academy of Forensic Engineers
National Center for Forensic Science -"A program of the National Institute of Justice hosted by the University of Central Florida."
National Forensic Science Technology Center- "A not-for profit corporation funded by a cooperative agreement with the National Institute of Justice" that "provides programs that build individual competency and quality systems for the forensic science community in the United States."
OhioLINK Research Databases - OhioLINK provides access to hundreds of topical research databases. Below are links to 3 of the 40 OhioLINK topical research database groups.
- Engineering - Includes Compendex, ACM (Association for Computing Machinery) Digital Library, Computers & Applied Sciences Complete, Infotrac, Inspec, Institute for Scientific Information Citation Databases (particularly Science Citation Index and Social Sciences Citation Index), Papers First, and Proceedings First.
- Law and Legislation - Includes LexisNexis Academic (particularly "News" and "Medical" groups), PAIS (Public Affairs) International, Papers First, and Proceedings First.
- Medicine and Health -Includes CHID Online (Combined Health Information Database; produced by US government health-related agencies), Clinical Medicine and Health Research (articles not yet published, and may not yet be peer reviewed), MEDLINE/PubMed, MEDLINE with full text, Health Source: Nursing/Academic Edition (includes Clinical Pharmacology, which provides drug monographs for US prescription drugs, over-the-counter products, herbal and nutritional supplements, as well as new drugs), Institute for Scientific Information Citation Databases (particularly Science Citation Index and Social Sciences Citation Index), Papers First, Proceedings First, and PsycINFO.
Open Source Digital Forensics - "A reference for the use of open source software in digital investigations (aka digital forensics, computer forensics, incident response)."
Scirus for scientific information only - Searches over 450 million science-specific Web sites and digital archives, as well as patent and journal databases. Allows one to search by field (eg, author, article title, keyword) and document type (eg, article, conference proceeding, dissertation), as well as publication date periods. Covers 1900 to the present.
Society of Forensic Engineers and Scientists - "Organized to share forensic technical and business information, and to actively assist in upgrading the standards of the profession."
Society of Forensic Toxicologists
U.S. Department of Commerce: National Institute of Standards and Technology: Information Technology Laboratory: Computer Forensic Tool Testing Program
U.S. Department of the Interior: U.S. Fish and Wildlife Service: Office of Law Enforcement: Forensics Lab
U.S. Department of Justice: Federal Bureau of Investigation: Laboratory Services
U.S. Department of Justice: National Institute of Justice
U.S. Federal Judicial Center: Reference Manual on Scientific Evidence (2nd ed.)
[In print, part of Weinstein's Federal Evidence (KF 8935 .W39 1997), also on Westlaw.]
U.S. National Library of Medicine: Visible Proofs: Forensic Views of the Body
Westlaw: Topical Materials by Area of Practice: Litigation
Includes federal and state cases, federal and state statutes, federal and state administrative materials, civil procedure & evidence, litigation preparation records, litigation reports, jury instructions, law reviews, bar journals & legal periodicals, as well as forms, treatises, CLEs and other practice material.
LER
March 2009