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  • Turning a Blind Eye to Misleading Scientific Testimony: Failure of Procedural Safeguards in a Capital Case

    Author(s)
    C. Thompson, William
    Dioso-Villa, Rachel
    Griffith University Author(s)
    Dioso-Villa, Rachel
    Year published
    2008
    Metadata
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    Abstract
    In September 1999, Robin Lovitt was convicted and sentenced to death for the murder of a pool hall manager in Arlington, Virginia. The DNA evidence that was a key part of the government's case was presented in a misleading and unfair manner. In this case study, we first examine the way in which DNA evidence was misused. We then discuss the failure of the legal system at all levels to recognize and remedy this problem. Our goal is to explain how a system that supposedly leaves no stone unturned in capital trials managed to miss or ignore a crucial problem with the scientific evidence that supported the conviction. We argue ...
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    In September 1999, Robin Lovitt was convicted and sentenced to death for the murder of a pool hall manager in Arlington, Virginia. The DNA evidence that was a key part of the government's case was presented in a misleading and unfair manner. In this case study, we first examine the way in which DNA evidence was misused. We then discuss the failure of the legal system at all levels to recognize and remedy this problem. Our goal is to explain how a system that supposedly leaves no stone unturned in capital trials managed to miss or ignore a crucial problem with the scientific evidence that supported the conviction. We argue that the Lovitt case is indicative of systemic problems with the use of scientific evidence that could affect the fairness of criminal trials nationwide, and we suggest legal and institutional reforms that may help minimize the risk of similar problems in the future.
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    Journal Title
    Albany Law Journal of Science and Technology
    Volume
    18
    Issue
    1
    Publisher URI
    https://www.albanylawjournal.org/article/19144
    Subject
    Law and Legal Studies not elsewhere classified
    Law
    Publication URI
    http://hdl.handle.net/10072/40290
    Collection
    • Journal articles

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