If you’d like to learn more about scientific terminology, Duke Law student Logan Johnson interviewed toxicologist Dr. Jay Gehlhausen about terminology that attorneys might encounter when reviewing scientific evidence. Have you ever wondered what the difference is between reproducibility and repeatability? What is the difference between accuracy and precision? What are blanks and controls? Please …
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Upcoming Programs on Facial Recognition Software and Surveillance Technologies
Attorneys frequently ask me questions about facial recognition software and about new surveillance technologies. NACDL is offering training programs on each of these topics. On September 18, 2018, from 11:00 am to 12:30 pm, NACDL will host a free webinar about the practices, risks, and limitations of emerging facial recognition technology. With an increasing number …
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Open Forum with the NC State Crime Laboratory
The NC State Crime Laboratory and NC Office of Indigent Defense Services will offer a free to attend CLE on Friday, Sept. 28, 2018, that is designed to enhance the knowledge of criminal defense attorneys and criminal defense investigators. The program will be held at the NC Judicial Center, 901 Corporate Center Drive, Raleigh, NC. Senior …
NC State Crime Laboratory Customer Satisfaction Survey
The NC State Crime Lab is conducting a customer satisfaction survey. The survey will be open until Aug. 31, 2018. Filling out the survey will allow the NC State Crime Lab to get feedback on your interactions with them over the past year. The survey is short and should not take much time to complete. …
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Eyewitness Evidence in the Courts CLE
Tuesday, August 21, 12:30-1:30 p.m. Duke Law School, Room 3043 Eyewitness testimony can be incredibly powerful in court. “There is almost nothing more convincing,” Justice William J. Brennan Jr. wrote in a 1981 dissent, “than a live human being who takes the stand, points a finger at the defendant, and says, ‘That’s the one!’” However, …
Accessing NC State Crime Laboratory Procedures
The North Carolina State Crime Laboratory has shared its current and archived/historical procedures with IDS, which will facilitate attorney access to these procedures and improves transparency in how evidence is tested and processed in the Lab. Attorneys who need access to the lab procedures in their cases now have several options to locate these procedures. …
NC State Crime Laboratory welcomes new Ombudsman
Sarah Jessica Farber is the new Ombudsman to the NC State Crime Laboratory. As Ombudsman, her job responsibilities include addressing public concerns about the Crime Lab and making recommendations to the Attorney General about any changes needed at the Crime Lab. The Ombudsman serves as a liaison with all criminal justice system actors and is …
NACDL’s Fourth Amendment Center Offers Direct Assistance to Defense Lawyers
NACDL’s Fourth Amendment Center now offers direct assistance to defense lawyers handling cases involving new technologies and tactics that may infringe on privacy rights of Americans. The Center’s staff is available to help members of the defense bar in bringing new Fourth Amendment challenges, providing a range of support from training and resources to expert …
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Having a client declared indigent for the purpose of attaining expert assistance
In some cases where an attorney has been retained, the defendant may exhaust their funds and not be able to pay for expert assistance that is needed in the case. The ability for a defendant to access expert witness assistance is protected by the Due Process Clause of the Fourteenth Amendment, but attorneys for may …
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Daubert in 12 Minutes
If you are working on a case where expert opinion testimony is anticipated, a quick primer on NC Rule of Evidence 702 and the Daubert standard is now available. Andrew DeSimone of the Appellate Defender’s Office has recorded Daubert in 12 Minutes which addresses the admissibility of expert testimony in North Carolina. The primer discusses the 2011 changes …
Houston in the Blind
Blind studies and procedures are the gold standard of evaluating the quality and reliability of scientific results. Unfortunately, this has long been lacking in forensic science. Fortunately, strides are being made to introduce blind testing to forensics, most notably in the Houston Forensic Science Center (HFSC). Currently, forensic scientists are tested periodically on their knowledge …
Happy National DNA Day!
If you handle cases involving DNA evidence and don’t know the story of Lukis Anderson, stop what you are doing and take a few minutes to observe National DNA Day by reading this great article by Katie Worth of The Marshall Project. Mr. Anderson was a homeless man living in San Jose, CA whose DNA was found …
National Forensic College 2018 announced
The 5th annual NACDL and Cardozo School of Law National Forensic College (NFC), presented in collaboration with the Administrative Office of the U.S. Courts, Defender Services Training Division, will take place Sunday, June 3 through Friday, June 8, 2018 in New York City. The goal of the college is to train experienced litigators in state and …
Royal Society Forensic Primers
Both experienced and newer attorneys should be aware of two primers, released by The Royal Society, on forensic DNA analysis and forensic gait analysis, available here. Although these reports were intended for use by courts in the UK, they provide important information for attorneys in the United States. This blog post intends to give a brief …
The Myth of the Reliability Test
UVA Law Professor Brandon Garrett and Innocence Project Director of Strategic Litigation M. Chris Fabricant wrote a law review article in the Fordham Law Review in March 2018 that examines whether Rule 702 is in fact functioning as a reliability test. The article is available for free download here. They looked at hundreds of state …