Many of you remain on the front lines of criminal defense in these challenging times. IDS thanks you for your commitment and dedication. Others may find themselves working from home and perhaps delving into issues that they haven’t been able to address previously. In either case, I remain available to assist you with the forensic …
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New Standard for Detection Dogs
The AAFS Standards Board has issued the General Guidelines for Training, Certification, and Documentation of Canine Detection Disciplines. The new standard contains requirements for the development of training of canine handlers and canines. It also details the canine team assessments and the basis for certification procedures including record keeping and document management. The AAFS Standards …
Testimony regarding an inconclusive DNA mixture
State v. Phillips, COA19-372 (Dec. 2019) – NC Court of Appeals found that the admission of testimony about an inconclusive DNA mixture was expert testimony, was not based on sufficient facts or data nor is the product of is the product of reliable scientific principles and methods, and that the trial court erred in admitting the testimony which prejudiced the defendant.
Behavioral Science Briefs for the Trial Advocate
A deep understanding of human behavior offers an edge to trial attorneys. Yet the sheer volume of studies published each month in the behavioral sciences prevents most dedicated attorneys from remaining abreast of this rich literature base. In support of attorneys who seek to practice at the highest levels, board-certified forensic psychologists Dr. Daniel J. …
Psychological Assessments in Legal Contexts: Are Courts Keeping “Junk Science” Out of the Courtroom?
The Association for Psychological Science published a review by Tess Neal, Christopher Slobogin, Michael Saks, David Faigman, and Kurt Geisinger on the psychological assessment tools used by forensic psychologists. The study found 67% are generally accepted in the field and only about 40% have generally favorable reviews of their psychometric and technical properties. The study …
Share the love!
Do you love getting regular forensic updates right in your inbox? If you do, today is a great day to share this resource with a colleague! I am working on increasing the number of blog subscribers that I have so that more legal professionals stay up-to-date on forensic evidence. If you have a colleague who …
7th Annual NACDL-Cardozo Law National Forensic College
June 7-12, 2020 – New York City Benjamin N. Cardozo School of Law The National Forensic College is an advanced, week-long forensic science CLE designed for experienced trial and post-conviction defense litigators. It features the foremost national experts in a wide range of forensic disciplines and presents a truly one-of-a kind opportunity. The Forensic College …
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2020 NACDL’s 11th Annual Post-Conviction Training
NACDL’s 11th Annual FREE Training for Post-Conviction Lawyers Remedying Wrongful Convictions March 26, 2020, Chicago, Illinois – InterContinental Chicago Magnificent Mile NACDL, in collaboration with the Innocence Network, presents an exciting new training specifically for lawyers who handle post-conviction innocence claims. National experts will provide cutting-edge instruction on topics essential for investigating and …
Working with a Mitigation Specialist in a non-capital case
Why and how to use a Mitigation Specialist in a non-capital case Attorneys who represent clients in capital cases are familiar with the requirement that someone be able to recognize the presence of mental health and psychological impairments serve as a member of the defense team. These professionals, mitigation specialists, are qualified by training and …
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Sixth Annual Whiskey in the Courtroom: Evolving Trends in Forensic Science
NC Indigent Defense Services, the Duke Law Center for Criminal Justice and Professional Responsibility, and the Duke Law Center for Science and Justice are pleased to announce the sixth annual CLE, “Whiskey in the Courtroom: Evolving Trends in Forensic Science.” Whiskey 6 will take place on March 6, 2020 at Duke Law School. Forensic science experts …
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Forensic assessment checklist for conducting evaluations in the correctional setting
Forensic clinicians may face challenging conditions when conducting evaluations in the correctional setting. By working together to ensure adequate testing conditions, attorneys and forensic experts can address some of these challenges. It is incumbent on the forensic clinician to consider how examination results can be affected by various factors that are especially relevant to forensic …
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What records are available in a death investigation case?
Attorneys have asked me what discovery should be available from the Office of the Chief Medical Examiner in cases where an autopsy was performed by that office. The Autopsy Report is a public record. It can be requested through the OCME website, or it can be provided through discovery. Photos, videos, or audio recordings of …
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Independent testing of forensic evidence
The question of how to have forensic evidence tested or re-tested by an independent laboratory comes up in my case consultations. This post will outline the general process of requesting that evidence be independently tested in a court-appointed case, and I am happy to talk with attorneys about their specific cases and help weigh the …
Homicide: Manner of Death vs. Legal Conclusion
Like many other experts, medical examiners use terms of art which might be confusing for non-experts. The use of the term “homicide” to classify a death might confuse jurors and attorneys alike. It may, therefore, be worthwhile to take steps to ensure that a medical examiner’s testimony conveys the proper information despite using a potentially …
Strategic Litigation assistance available
Below is an offer of support from Chris Fabricant at the Strategic Litigation department at the Innocence Project in NY. The Strategic Litigation department at the Innocence Project works to address the leading contributing causes of wrongful conviction: unvalidated and misapplied forensic science, eyewitness misidentification evidence, and false confessions. We are writing to express our …