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An Examination of the Relationship between Environmental Science and Law due to Emerging Micro-Scale Gas Chromatography Technology

The intersection of science and law is very complex. The two disciplines frequently interact due to environmental issues. Expert testimony is most often the method used to introduce scientific data into the legal system. Advances in technology have allowed scientists to increase the preciseness and reliability of data produced. The development of the gas chromatograph and the recent microFAST gas chromatograph has greatly increased the amounts of data available to the legal system.
The legal system has relatively recently developed a set of guidelines with which to evaluate scientific evidence and determine whether it should be admitted into trial. Previously novel scientific evidence such as the microFAST gas chromatograph would not have been admitted because it was not generally accepted. The new guidelines in admissibility, however, require that the relevance and reliability of the evidence be examined.
A comparison of the mechanics of a conventional gas chromatograph to the microFAST gas chromatograph reveals that the two machines operate on the same basic theoretical principles. Since data produced by a conventional gas chromatograph is readily accepted by the legal system, this same standard of admissibility should be applied to the microFAST gas chromatograph. The increased rate of data production by the microFAST machine will help establish causation in trial and improve the relevancy of the scientific evidence. Reliability is established by adherence to quality control procedures and repeatability. This thesis examines the relationship between law and science and projects that data produced by the microFAST gas chromatograph will ultimately be accepted into the legal system.

Identiferoai:union.ndltd.org:LSU/oai:etd.lsu.edu:etd-04012004-193144
Date05 April 2004
CreatorsPolitzer, Alfred Ruks
ContributorsEdward Overton, Michael Wascom, John Pine
PublisherLSU
Source SetsLouisiana State University
LanguageEnglish
Detected LanguageEnglish
Typetext
Formatapplication/pdf
Sourcehttp://etd.lsu.edu/docs/available/etd-04012004-193144/
Rightsunrestricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to LSU or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report.

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