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Former UA professor to address ethics, expert evidence
SHERRY KARABIN
Legal News Reporter
Published: October 19, 2016
A smudged fingerprint, bullet casings or dry blood found at a murder scene—prosecutors often rely on such evidence to prove their cases. But can these items really guarantee that the right people are prosecuted and convicted?
Jane Campbell Moriarty, a former professor and director of faculty research and development at The University of Akron School of Law, will discuss those issues and others related to the use of expert evidence during a seminar entitled “Turning a Blind Eye: Prosecutorial Ethics and Expert Evidence.”
The talk, which takes place on Oct. 28, is part of The Joseph G. Miller and William C. Becker Center for Professional Responsibility lecture series “Prosecutors, Ethics and Promoting Justice.”
“There is a great deal of concern that much of the forensic science admitted in U.S. courts as evidence is not as reliable as one might hope,” said Moriarty, the Carol Los Mansmann Chair in Faculty Scholarship and law professor at Duquesne University School of Law in Pittsburgh.
“I will be discussing the use of this evidence and the ethical concerns that go along with it, including prosecutorial decisions concerning potentially unreliable evidence.”
Moriarty’s seminar is the second in the series which kicked off on April 22 with a lecture by New York County District Attorney (Manhattan) Cyrus Vance Jr.
Jack Sahl, Joseph G. Miller Professor of Law and director of The Joseph G. Miller and William C. Becker Center for Professional Responsibility, said the lectures are designed to inform the public about the ethical duties and challenges prosecutors face.
“The role of prosecutors and their decisions to move forward or not to move forward on cases has been getting a lot of attention in the media lately,” said Sahl. “We thought it would be a good time to examine the key role that prosecutors play in our society.
“We are pleased to have Jane as one of our speakers,” said Sahl. “She is not only an expert on scientific evidence, but she actually worked here when William C. Becker Jr. was part of the faculty. She is also a former fellow at the Center for Professional Responsibility.”
Moriarty said prosecutors are different than other lawyers in that they “serve in a quasi-judicial role. They must not only prosecute criminals but see that justice is done.
“They want to convict the guilty, but when they rely on forensic science that may be faulty they may end up convicting the innocent, something that has been seen repeatedly in Innocence Project exonerations. Thus their competing obligations, prosecuting and doing justice may come into conflict,” said Moriarty.
“I will address why so many prosecutors are not willing to admit that scientific evidence may be flawed and whether there is a way to rethink how prosecutors use expert testimony.”
The reception is free to anyone interested in attending. It begins at 4 p.m. on Oct. 28. It will be held in room 160 at The University of Akron School of Law at 159 University Ave. CLE credit has been requested.
“There will be a luncheon beforehand for our invited guests,” said Sahl. “We expect that prosecutors, defense attorneys, judges and members of the public will turn out.
“Professor Moriarty will also visit three of our law classes,” he said. “I think there are a lot of misunderstandings about prosecutors and hopefully our lecture series will provide a forum for addressing them.”
Those interested in the seminar can register by contacting Shannon Aupperle at sfauppe@uakron.edu or 330-972-7988.