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 …
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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 …
Part 1: What’s the difference between accreditation and certification?
This is the first in a three-part series on lab accreditation, analyst certification, and ISO-compliant lab procedures by Ryan Niland. Understanding the distinctions between lab accreditation and analyst certification can be important when critically examining forensic analyses. Although both processes relate to quality assurance for forensic analysis, the term accreditation generally applies to laboratories as …
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Developing Analyses of Biological Evidence: Predicting Eye Color, Determining the Source of Bodily Fluids, and Locating Trace Evidence Within Guns
Several studies reported in the January 2013 Issue of Forensic Science International: Genetics are of interest for future developments in forensic evidence. Research is being done on predicting eye color, hair color, and skin color from DNA. Currently, 37 gene sequences (SNPs or single nucleotide polymorphisms) have been identified as playing a role in these …
History of DNA Analysis Timeline – Available Online
A DNA analysis timeline is now available on the IDS Forensic Resources website. The timeline traces the development of forensic DNA analysis and its use by the NC State Crime Lab. It seeks to identify what technologies were available during a particular time period. It is a helpful tool for attorneys working on older cases …
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Stateline and NPR report on the state of forensic science labs
In a two-part report, Stateline examines the problems facing crime labs across the country. Part one of the series addresses recent problems plaguing crime labs and the need for judicial education regarding the reliability of forensic evidence. Part two introduces a new forensic lab in Washington, D.C. which operates independently of state law enforcement agencies …
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The ENCODE project, the Fourth Amendment, and Haskill v. Harris
The Ninth Circuit Court of Appeals, sitting en banc, heard oral arguments on whether DNA fingerprinting violates the Fourth Amendment’s protection against unreasonable search and seizure on September 19. Plaintiffs-Appellants in Haskell v. Harris argue that collection of DNA at arrest violates their privacy interests because DNA contains not only CODIS markers that help in …
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Guide to Working With Experts – Now Available Online
Attorneys can now access the “Guide to Working with Experts” on the IDS Forensics website. The guide was created as an additional tool to assist attorneys in effectively vetting experts and offers tips on productive communication with experts. You can access the guide here. Additionally, attorneys can use the American Board of Medical Specialties website …
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SCOTUS to Decide on Dog Sniffs and Privacy
The U.S. Supreme Court is scheduled to hear two Florida cases at the end of October regarding dog sniffs and the Fourth Amendment. The Florida Supreme Court ruled in Florida v. Jardines that taking a drug detection dog to the front porch of a home to sniff for marijuana violated the Fourth Amendment. They held …
Crime lab backlogs and the Massachusetts lab scandal
Many readers are probably aware of the scandal unfolding in the Massachusetts State Police lab, where chemist Annie Dookhan has been charged with obstructing justice by falsifying data in criminal cases and lying under oath about her qualifications. Dookhan was responsible for testing substances that were suspected to be drugs. An October 9, 2012 article …
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