Hon. M. Kirby on Forensic Evidence

From Barbara Etter, APM:  Have just finished reading a very good article from the Hon Michael Kirby AC CMG, a previous Australian High Court Judge who is highly respected and known for his genuine concern about miscarriages of justice. The article can be found here: http://www.austlii.edu.au/au/journals/JlLawInfoSci/2010/2.html

It is entitled “Forensic Evidence: Instrument of Truth or Potential for Miscarriage?” (2010) 20(1) Journal of Law, Information and Science 1

The article covers some very interesting DNA issues including the possibility of police “planting” DNA at a crime scene. It also outlines some lessons to be learned after having looked at a number of miscarriage of justice cases in Australia, including Button, Mallard and Farah Jama. He comments that it remains necessary to reinforce a commitment to excellence, first-class science, accuracy and transparency.

Published by BGarrett

Professor of Law, Duke University

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1 Comment

  1. my brother case James Jamal Williams in Darlington South Carolina of June 2006 was a death penalty case.my brother had exhausted all the pills all the way up to the United States Supreme Court and all have been denied.and my brother case the police had Planet some false DNA on my brother’s girlfriend door at the scene and said that that implicated my brother in the crime during his trial sled agent stated on his testimony that it was protein found on the banister that wasn’t blood? During also my brother trial there were significant evidence of DNA that prove that my brother innocence the DNA that Presentend did not implicated my brother but the solicitor told the jury it did as he perjury… unfortunately that the judge turn a blind onto the case and sentence to life in prison when did juries came back with a Anonymous decision that they couldn’t recommend life or death for my brother.


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