For attorneys trying to access scientific journal articles related to the forensic evidence in their cases, purchasing these articles online can be cost-prohibitive at around $30 per article. If someone in your office has an affiliation with a university, such as an intern, paralegal, or assistant who is pursuing another degree, they may be able …
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Techniques for Collecting and Analyzing Fingerprints
Fingerprint evidence left behind by a suspect or victim may identify who was at a crime scene and what he or she touched. However, it is important for defense attorneys to know, and to inform the jury, that the techniques used to locate and identify fingerprints are far from a perfect science. An understanding of …
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Can Non-Testifying Defense Experts Be Subpoenaed by the State?
As defense attorneys prepare for trial they frequently reach out to experts to determine the strengths and weaknesses of their client’s case and to gain a better understanding of the evidence. In fact, proper preparation for a trial often demands that an attorney assemble information by speaking with experts in an effort to comprehend the …
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Reports of Problems with Polygraph Test
A recent piece of investigative journalism by Marisa Taylor of McClatchy Newspapers has created even more skepticism about the already scientifically-questionable polygraph test. Although polygraph test results are not admissible as evidence in most U.S. courts, the results of a polygraph test play a major role in the police investigation, often times helping the police …
NIJ Study of Near Misses and Wrongful Convictions
The National Institute of Justice recently released their study Predicting Erroneous Convictions which examines why some innocent people are wrongfully convicted while others are acquitted, using a case comparison method rather than a traditional “case study” method. Researchers at American University who compared a group of 260 cases that occurred between 1980 and 2012 where …
Forensics@NIST 2012 videos available online
The National Institute of Standards and Technology (NIST) is a non-regulatory federal agency dedicated to advancing measurement science, standards, and technology. NIST manages grants for technological research, works with employers and private contractors, and maintains a laboratory for in-house research in a wide variety of fields, including forensic science. Each year, NIST holds a conference …
Dogs – 1, Defendants – 1
Today, the U.S. Supreme Court decided the second of two dog sniff cases before it this term. In Florida v. Jardines, the Court held that taking a drug-sniffing dog on the front porch of a house is a search for purposes of the Fourth Amendment. The Court held that the front porch is within the …
BBC Knowledge Explainer DNA
Here is a 3-minute video that explains the basics of DNA’s form and function. It’s part of the BBC’s online Explainer documentary series. Though the focus of this short animated film is not forensic DNA analysis, it gives important information that attorneys or jurors need to understand before attempting to understand forensic DNA analysis. Attorneys …
Accreditation of local crime labs
For those of you who have been tracking the provision in the Forensic Sciences Act of 2011 that requires local crime labs to become accredited, a bill has been introduced to extend the time for local crime labs to become accredited to July 1, 2020. Below are links to the relevant legislation: Forensic Sciences Act …
Failed Evidence: Why Law Enforcement Resists Science
Professor David A. Harris of the University of Pittsburgh has published an interesting book entitled Failed Evidence: Why Law Enforcement Resists Science. His 2012 book looks at problems with the traditional investigative tools in order to understand why wrongful convictions occur. Harris asks why law enforcement and prosecutors are resistant to changing the techniques they …
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Thousands of cases compromised due to faulty forensic analysis
In recent months, faulty forensic analysis has been exposed in several labs across the country. The failure of a handful of lab analysts to correctly perform forensic analysis has compromised thousands of cases. In each situation the failures are different, but they expose a lack of oversight of analyst performance in the affected labs. The …
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National Commission on Forensic Science to be created
On nearly the four year anniversary of the National Academy of Sciences (NAS) Report which sharply criticized the forensic science system in the United States, the federal government announced the establishment of a National Commission on Forensic Science. The NAS Report recommended an overhaul of the current forensic system, including urging the establishment of a …
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ABA Resolution concerning forensic evidence
The ABA House of Delegates approved a Resolution in 2012 urging judges to consider several factors when determining the manner in which expert testimony is presented in criminal trials. The Resolution and its accompanying report urge attorneys and judges to seek “innovative solutions” to help jurors understand the significance and limitations of scientific evidence, such …
Part 3: ISO and the NC Forensic Sciences Act of 2011
This is the third in a three-part series on lab accreditation, analyst certification, and ISO-compliant lab procedures by Ryan Niland. In response to concerns about the failures of the North Carolina State Crime Laboratory (formerly known as the SBI lab), North Carolina passed the Forensic Sciences Act (FSA) in 2011. Among other things, the FSA …
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Part 2: The Lab Accreditation Process
This is the second in a three-part series on lab accreditation, analyst certification, and ISO-compliant lab procedures by Ryan Niland. Several major organizations offer accreditation services for forensic labs in the United States. The American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) is by far the largest accrediting body for forensic labs, followed by …