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 …
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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 …
Uniform Language for Testimony and Reporting for Fingerprints
At the February 2018 American Academy of Forensic Science meeting, DOJ Deputy Attorney General Rod Rosenstein announced the Uniform Language for Testimony and Reporting (ULTR) document for fingerprints. The purpose of the document is to standardize language used by Department of Justice fingerprint examiners in their reports and testimony. While the document does not apply …
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Judging Forensics
Federal district judge for the Southern District of New York Jed S. Rakoff delivered the keynote address, “Judging Forensics” during the Forensics, Statistics and Law conference at the University of Virginia School of Law on March 26, 2018. The address can be viewed online here. Judge Rakoff’s presentation commemorated the 25th anniversary of the U.S. Supreme …
Lab Tour on April 27
Would you like to learn more about how forensic toxicology testing is performed? Would you like to have a better understanding of how blood is tested for drugs or alcohol? Toxicologists Dr. Jay Gehlhausen and Dr. David Burrows will lead attorneys and investigators on a lab tour on April 27, 2018 in Wake Forest, NC …
OSAC releases forensic science terminology tool
In March 2018, the Organization of Scientific Area Committees for Forensic Science (OSAC) created a Lexicon of Forensic Science Terminology to help facilitate communication across many disciplines. Attorneys can access the OSAC Lexicon to find definitions of forensic science terms that are agreed upon across various disciplines. The terms and definitions come from the published literature, including …
Forensics, Statistics and Law Conference
The Virginia Journal of Criminal Law and the Center for Statistics and Applications in Forensic Evidence will host a one-day conference entitled Forensics, Statistics and Law on Mar. 26, 2018 at the University of Virginia School of Law. This conference focusing on forensic evidence and its use in the courtroom will mark the 25th anniversary of the U.S. Supreme …
Rare medical condition, not shaking, caused baby’s death
Murder charges were dropped recently against a father in Randolph County charged with the death of his 11-week-old daughter. The baby’s treating physician indicated the death was caused by shaking or blunt force trauma. The defendant spent 158 days in jail prior to the charges being dismissed. The charges were dismissed when the forensic pathologist, …
Rare medical condition, not shaking, caused baby’s deathRead More
Whiskey in the Courtroom: Evolving Trends in Forensic Science
NC Indigent Defense Services and the Duke Center for Criminal Justice and Professional Responsibility are sponsoring the 4th Annual Whiskey in the Courtroom CLE on March 9, 2018 at Duke Law School. The full-day program for defense attorneys and criminal defense investigators will focus on scientific advances in several fields of forensic evidence, including fire …
Whiskey in the Courtroom: Evolving Trends in Forensic ScienceRead More
Free Webinar on Lab Accreditation and Analyst Certification
Stetson Law’s National Clearinghouse for Science, Technology and the Law is offering a complementary webinar for defense attorneys and prosecutors on Dec. 14, 2017 from 12-2 pm. Registration and program information is available here. The program will explain the lab accreditation process and the certification of individual forensic science practitioners in specific disciplines. Panelists will …
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Mass. Supreme Court Considers Relevance of FSTs for Marijuana Impairment
Any practitioner that handles driving while impaired charges knows the significance of field-sobriety tests (“FSTs”) to the investigation and prosecution of drunk driving. Scientific research supports the basic idea behind the tests — that test performance on FSTs is an indicator of alcohol impairment. What about when the impairing substance isn’t alcohol at all? Do …
Mass. Supreme Court Considers Relevance of FSTs for Marijuana ImpairmentRead More
NIST urges caution in use of likelihood ratio
The National Institute of Standards and Technology (NIST) released an article last week calling into question the use of the likelihood ratio to present evidence in court. NIST states that there is uncertainty about the appropriate use of the likelihood ratio. An expert’s subjective opinion may affect the calculation of the likelihood ratio, potentially distorting …
Open Forum with the NC State Crime Laboratory
On Friday, Oct. 13, 2017, the NC State Crime Laboratory and NC Office of Indigent Defense Services will offer a free CLE for criminal defense attorneys and criminal defense investigators. A Forensic Science Manager from each Section of the State Crime Laboratory (including Digital Evidence, DNA Database, Drug Chemistry, Firearm and Tool Mark, Forensic Biology, …
Digital Evidence Series: Part I – Cell Phone Location Evidence for Legal Professionals
The NC Office of Indigent Defense Services will offer a series of free presentations on digital evidence that are designed to enhance the knowledge of criminal defense attorneys. Available for CLE credit, these programs will occur at lunchtime in various locations around central North Carolina. Participants receiving CLE credit will be billed $3.50 per credit …
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New Benchbook Chapter on Expert Testimony
School of Government Professor Jessie Smith has drafted a new chapter on Expert Testimony for the NC Superior Court Judge’s Benchbook. I’ve already heard one judge say from the bench that he had it open as he was considering a 702 challenge to expert testimony. Because this is a resource that judges look to, defenders …