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

54 Pages Posted: 10 Feb 2013

See all articles by William C. Thompson

William C. Thompson

University of California, Irvine - Department of Criminology, Law and Society

Rachel Dioso-Villa

Griffith University - School of Criminology and Criminal Justice

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 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.

Keywords: evidence, DNA, post-conviction, miscarriage of justice, appeal, death penalty, criminal procedure

Suggested Citation

Thompson, William C. and Dioso-Villa, Rachel, Turning a Blind Eye to Misleading Scientific Testimony: Failure of Procedural Safeguards in a Capital Case. Albany Law Journal of Science and Technology, Vol. 18, 151-204, 2008, Available at SSRN: https://ssrn.com/abstract=2214469

William C. Thompson (Contact Author)

University of California, Irvine - Department of Criminology, Law and Society ( email )

Irvine, CA
United States

Rachel Dioso-Villa

Griffith University - School of Criminology and Criminal Justice ( email )

Australia

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