The President’s Council of Advisors on Science and Technology (PCAST) report on Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods was released on September 20, 2016. (Available for free download here.) The PCAST report gives an in-depth look at the current state of certain forensic science disciplines. It makes recommendations as to …
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Center for Nursing Excellence International Releases Multidisciplinary Sexual Assault Glossary
It can be frustrating when a term means something to one discipline yet has a different definition when used in another discipline. Thus, together with the Forensic Technology Center of Excellence (FTCoE), the Center for Nursing Excellence International (CFNEI) has released a glossary of terms used in sexual assault cases. The Multidiscipline Sexual Assault Glossary …
Toxicology Testing by NMS Labs – FAQ
Many attorneys have asked us about blood-drug (and some blood-drug and alcohol) testing performed by NMS Labs. We have compiled the questions and our answers here. If you have additional questions, please post them in the comments and we will try to answer them as well. Let’s make this a living document! The toxicology evidence …
Free Workshop: Forensic Technology and the Impact on Frye and Daubert Standards
The Forensic Technology Center of Excellence (FTCoE) at RTI International, Duquesne University, and the Allegheny County Medical Examiner’s Office are holding a workshop in Pittsburgh, PA on August 9th & 10th, 2016. The workshop will focus on information a likely to show up in cases involving forensic evidence, the technologies behind that evidence, and the …
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Language Matters: USDOJ’s Reporting Language and Testimony Guidelines
Forensic scientists are tasked with the job of explaining often complex scientific data to judges, jurors, and attorneys who may have little understanding of the science underlying the forensic analysis in a case. Revelations in recent years that hair analysts provided testimony that had no scientific validity has highlighted the importance of using correct language to …
Language Matters: USDOJ’s Reporting Language and Testimony GuidelinesRead More
Crime Laboratory Essentials Webinar
Take a tour inside a state-operated crime lab with Professor Carol Henderson, Director of Stetson’s National Clearinghouse for Science, Technology, and the Law (NCSTL); Ann Talbot, the director of the Metro Nashville, Police Department Crime Laboratory; and Christine Funk, a criminal defense attorney with over 20 years of practice experience. Crime Laboratory Essentials is a webinar …
New Research on “Touch” DNA
As the sensitivity of DNA analysis increases, scientists are able to develop profiles from ever-smaller samples of DNA. This has lead to testing of a wider array of samples collected from crime scenes, including window panes, bullets, hats and other clothing, cigarette butts, and many other items. Attorneys sometimes ask me about the likelihood of …
Reliability Concerns Regarding Probation Drug Screens
The NC Department of Public Safety (DPS) has begun relying on less accurate presumptive testing for urine screens for drugs for probation, prison, and DSS cases. The focus of this post will be probation cases, though the testing is the same for prison and DSS cases. Testing Prior to 2014 Until February 2014, the Department …
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Sample Motion for Preservation of Forensic Evidence
This motion is designed to: Preserve evidence for future testing by defense experts Remediate situations in which State testing will consume the entire sample Protect the client’s legal interests regarding the destruction of evidence An order to preserve evidence should be sought at the outset of a case. Some preservation orders prohibit all testing or …
Sample Motion for Preservation of Forensic EvidenceRead More
AAAS Responds to the NAS’s call for Research Backing Forensic Science
The American Association for the Advancement of Science (AAAS) announced that it will begin conducting an analysis of the scientific bases for ten forensic disciplines. Through funding from the Laura and John Arnold Foundation, AAAS plans to review the current scientific studies regarding the procedures and testimony of forensic experts. This analysis is a direct …
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False Positives in Drug Field Testing Kits
The director of a lab recognized by the International Association of Chiefs of Police for forensic science excellence has called field drug testing kits “totally useless” due to the possibility of false positives. In laboratory experiments, at least two brands of field testing kits have been shown to produce false positives in tests of Mucinex, …
Postmortem insect activity may be mistaken for antemortem wounds
According to the North American Entomology Association, it is easy for investigators to attribute postmortem damage to a body due to insect activity to antemortem occurrences. Studies have shown that the insects that feed on decaying bodies often leave behind marks or abrasions that can be misinterpreted by investigators. A recent study conducted at the …
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Documenting a client’s symptoms of mental illness
As public defenders, we struggle with challenging clients: clients who don’t trust us, clients who refuse to hear our best advice, and clients who sometimes lash out at us in ways that are difficult to absorb, let alone understand. Most of our challenging clients are mentally ill and a significant percentage of those have poorly …
Vetting Experts – A Wake-Up Call
A recent meeting with a supposed forensic psychology expert reminded me of the importance of attorneys always vetting their own experts. This individual was referred to me by another trusted expert. After our initial meeting, I started looking in to his credentials and quickly learned that he did not have a Ph.D. and was not licensed …
Does a psychology expert need to be licensed in NC?
Attorneys may need the services of a psychologist to evaluate whether a client is competent to stand trial, to present evidence regarding a mental health defense or mitigation, or to perform other psychological testing of a client. Attorneys have asked me whether a psychologist needs to be licensed in NC to perform these services. I’ll …
Does a psychology expert need to be licensed in NC?Read More