Dr Carole McCartney's Publications
Books
(2006) Forensic Identification and Criminal Justice: Forensic Science, Justice and Risk pp. xxii,247p Willan Publishing
This book traces the advent of forensic identification technologies in the criminal justice system, concentrating upon fingerprinting and forensic DNA typing, elucidating the uses of forensic identification technologies, their proliferation, and increased utilisation. It will detail the legal developments relating to, and in consequence of, the growing deployment of forensic identification technologies and the impacts . Overarching the book is the critical analysis of the wholesale adoption of forensic identification technologies, their shortcomings and fallibilities as well as ethical issues, highlighting their potential for creating injustice, in contrast to their stated rationale and beliefs in their infallibility.
(2003) Justice in the Deep North: A Historical Perspective of Crime and Justice in Queensland Australian Scholarly Publishing
A century of crime and justice in Queensland, with Robyn Lincoln and Paul Wilson.
Chapters
(2009) Understanding the Role of Forensic DNA: A Primer for Criminologists In: Petherick W; Turvey B (eds.) Forensic Criminology Elsevier/Academic Press
(2006) Miscarriages of Justice in England and Wales In: International Perspectives on Miscarriages of Justice Temple Press
(2002) Corrections in Australia: Is the Future Private? In: Chappell; D; Wilson P (eds.) Crime and the Criminal Justice System in Australia: 2000 and Beyond. Buttterworths, Sydney.
Internet Publications
(2006) Liberating Legal Education? Innocence Projects in the US and Australia Web Journal of Current Legal Issues
Since the establishment of the first student-led Innocence Project at New York’s Cardozo Law School in 1992, innocence projects have spread across the United States and are now also established in Canada and Australia. Founded upon experiences of Innocence Projects gained in the US and Australia, this paper explores the educational merits of this method of legal education. The potential benefits of Innocence Projects in the UK are discussed, with reference to ongoing demands for innovation in legal education; the pressing need to defeat plagiarism with novel assessment techniques; the requirement to provide students with ‘enterprise skills’ and enhanced ‘information literacy’; and efforts to encourage ‘deep’ learning and reflective practice. This paper concludes that, as Burridge (2004) asserts, the UK has been slow to emulate international exemplary educational techniques that achieve important pedagogical aims. While student law clinics meet some of these aims, and there are encouraging signs of interest in innocence projects in the UK, this paper argues that valuable lessons from the US and Australia can still be learnt within the domestic legal education community.
Journal Articles
(2012) Genetic Justice In: History of Philosophy of Science
(2012) Building Institutions to Address Miscarriages of Justice in England and Wales: Mission Accomplished? In: Cincinatti Law Review
(2011) Transnational Exchange of Forensic DNA: Viability, Legitimacy, and Acceptability In: EUROPEAN JOURNAL ON CRIMINAL POLICY AND RESEARCH 17 pp. 305 - 322
(2011) Of Weighty Reasons and Indiscriminate Blankets: The Retention of DNA for Forensic Purposes In: Howard Journal of Criminal Justice
(2011) Lowering the Drawbridges: Forensic and Legal Education for the 21st Century In: Forensic Science Policy and Management 2 (2) pp. 81 - 93 Taylor Academic
(2010) The DNA Revolution and forensic futures In: Criminal Justice Matters 81 (1) pp. 26 - 27
(2010) The Double Helix and the Law of Evidence In: Science November
(2006) Innocence Projects in the UK – the story so far. In: The Law Teacher 40 (1) pp. 74 - 80 Andover: Sweet & Maxwell
This short article reports the emergence of Innocence Projects in the UK.
(2006) The DNA Expansion Programme and Criminal Investigation In: The British Journal of Criminology 46 (2) pp. 175 - 192 Oxford University Press, Academic Division
DNA evidence is a powerful investigative tool, able to incriminate as well as exculpate. Yet, increasingly common portrayals of DNA as being able to solve crimes almost instantaneously, beyond any doubt, even from ‘beyond the grave’, may overstate the degree to which DNA currently assists in criminal investigations. Strong government support, and financial investment in the DNA Expansion Programme, have been bolstered by repeated legislative extensions of police powers to obtain and retain DNA samples. Despite this, DNA evidence remains marginal in terms of assisting with overall criminal detections and experts now suggest that the massive National DNA Database expansion has not resulted in the improvement in detection rates originally anticipated. This paper also suggests potential concerns over the ‘tactical’ use of DNA evidence during suspect interviews, and the risk of abbreviated police investigations. Insufficiently ‘forensically aware’ police officers may resort to DNA evidence in lieu of proper detective work, with literature on ‘case construction’ informing analysis of potential pitfalls of early reliance on DNA results, which may increase the risk ‘tunnel vision’ in criminal investigations.
(2005) Commentary on R v Cannings In: Criminal Law Review 2005 pp. 126 - 130 Sweet & Maxwell
Case comment on R v Cannings.
(2005) The Innocence Network UK In: Legal Ethics 7 (2) pp. 150 - 154 Oxford : Hart Pub
This short article details the birth of the Innocence Network UK, outlining the circumstances of its launch, and identifying the need for the establishment of innocence projects within universities in the UK. We examine potential benefits to students, (in addition to the wrongfully convicted and their supporters), and the impact to date of Innocence Networks in the US and Australia. We conclude with an invitation to the legal educational fraternity to support this essential, timely, and highly beneficial initiative.
(2004) Forensic DNA Sampling and the England and Wales National DNA Database: A Sceptical Approach In: Critical Criminology 12 (2) pp. 157 - 178 Collective Press
This paper explores possible implications of the rapid expansion of the England and Wales National DNA Database (NDNAD), and the current DNA sampling regime of offenders and the retention of samples. A precis of the justifications enunciated for the NDNAD is followed by a sceptic’s rebuttal and wider analysis of the impact of the growth of forensic DNA testing. It is contended that the expansion of forensic DNA testing should be considered a response within the risk society to the problem of criminal detection, where ‘‘risky populations’’ will have their DNA held permanently by the State for the prevention and early detection of crime. As with any new technology, new ‘‘risks’’ are created, including not only error, improper access and disclosure and ‘‘function creep’’ but the potential creation of a ‘‘suspect society’’ with forensic DNA technology co-opted into mass surveillance and social control mechanisms.
(2004) The Innocence Projects Colloquium In: Socio-Legal Newsletter Autumn Socio-Legal Studies Association
(2003) The England and Wales Criminal Justice System; An Outline of the ‘DNA Fast-Track’ Program of 2020 In: The Magistrate 59 (10) pp. pp.313 London : Magistrates' Association
(2002) The Future of the National DNA Database In: Justice of the Peace 167 pp. 386 - 387 Chichester: Barry Rose Law Publishers Limited
Reports
(2010) The Future of Forensic Bioinformation
(2006) The University of Leeds Innocence Project
Final Report for funding body: White Rose Centre for Teaching and Learning in Enterprise.
(2001) Privatising Community Corrections Centre of Applied Psychology and Criminology, Bond University
Report on ARC funded research on potential for privatisation of community corrections.
Lowering the Drawbridges: Legal & Forensic Science Education for the 21st Century UKCLE/ PSC HEAs
Contact Details
- Tel: 0113 34 31618
- Email: C.I.McCartney@leeds.ac.uk