North Carolina Office of Indigent Defense Services
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
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 …
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, …
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 …
Digital Evidence Series: Part I – Cell Phone Location Evidence for Legal ProfessionalsRead More
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 …
Attorneys who are handling cases involving arson allegations should be aware of the Forensic Science Assessments: A Quality and Gap Analysis – Fire Investigation publication that was released this month (July 2017). The report was produced by the American Association for the Advancement of Science (AAAS). The report looks at the discipline of fire investigations and …
The Uniform Interstate Depositions and Discovery Act (UIDDA) is a useful way to request discoverable documents which are located in another state via subpoena duces tecum. While most states have adopted some form of UIDDA, others lag behind. As of February 2017, Massachusetts, Maine, Connecticut, Florida, Missouri, Nebraska, Texas, Wyoming and Puerto Rico have not …
The Scientific Working Group on Friction Ridge Analysis, Study and Technology (SWGFAST) has a sufficiency graph for fingerprint comparison that may be useful for attorneys to use when discussing fingerprint comparisons with experts. The sufficiency graph reflects the interplay between quality and quantity of minutiae. Minutiae are small details that are used in comparing one …
With a focus on Fourth Amendment concerns, the National Association of Criminal Defense Lawyers (NACDL) recently began a series of surveillance primers. The first primers in the series provide information on Automated License Plate Readers, Cell Phone Location Tracking, and Cell Site Simulators. NACDL will periodically release more primers on surveillance technologies. These documents are …
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 …
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 …
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 …
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 …
Free Workshop: Forensic Technology and the Impact on Frye and Daubert StandardsRead More
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
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 …
