The latest volume of Behavioral Science Briefs for the Trial Advocate was published recently and is available here. It summarizes research on issues including juror decision-making, mock jurors’ evaluation of firearm testimony, eyewitness identifications, child interviewing, and other topics relevant to the criminal practitioner. A deep understanding of human behavior offers an edge to trial attorneys. …
Featured Articles
Fingerprint Error Rate on Close Non-Matches
Research by Jonathan J. Koehler and Siquan Liu on the accuracy of distinguishing between two close non-matches was published in Sept. 2020. Attorneys should be aware of the error rates presented in this paper, particularly when working on cases involving a match to a suspect developed by searching a fingerprint database. As fingerprint databases grow, …
Newly-Developed Drug Test May Be Able to Help Distinguish Hemp from Marijuana
In July of 2019, Virginia became the first US state to acquire a new drug test created by a team of forensic chemists in Switzerland. The 4-AP test, or “Cannabis Typification” or “Swiss Test,” purports to be able to help differentiate between hemp– a legal variety of cannabis– and marijuana. However, laboratory documentation says that …
Newly-Developed Drug Test May Be Able to Help Distinguish Hemp from MarijuanaRead More
“Too Pandora’s Boxy for Silicon Valley” – John Oliver Discusses the Use of Facial Recognition Technology by Law Enforcement
This past Sunday, on his weekly half-hour HBO show, Last Week Tonight, comedian John Oliver discussed the growing prevalence of facial recognition technology in the criminal justice system. The issue is particularly relevant as protestors in the recent demonstrations demanding justice for George Floyd (and the numerous other BIPOC who have been subjected to violence …
The Blind Leading the Blind: Recent Article Discusses the HFSC Blind Testing Program
From the National Academy of Sciences, to the Washington Post, to Last Week Tonight With John Oliver, there seems to be consensus that additional research is needed to validate several fields of forensic science. One challenge in collecting sufficient evidence to establish foundational validity is that because there is no ground truth in forensic casework, …
The Blind Leading the Blind: Recent Article Discusses the HFSC Blind Testing ProgramRead More
Probabilistic genotyping software for interpreting DNA mixtures
NC attorneys may be aware that software programs are being adopted by crime laboratories to assist with interpreting complex DNA mixtures. The NC State Crime Laboratory is working on validating a procedure for the use of STRmix probabilistic genotyping software, which will likely go online in the coming months. It is crucial that attorneys understand …
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DNA Mixtures: A Forensic Science Explainer
NIST has created a primer on interpretation of DNA mixtures that explains what are DNA mixtures and why are they sometimes so difficult to interpret. The primer was published on April 3, 2019 and covers topics including: Low sensitivity vs. high sensitivity methods for detecting DNA When is a peak a peak? How to determine …
Can law enforcement compel a subject to unlock a device?
The NACDL Fourth Amendment Center has authored a Compelled Decryption Primer to help attorneys litigate the issue of whether law enforcement can compel a suspect to unlock or decrypt a device. The Fourth Amendment requires law enforcement to get a warrant to search a cell phone, even incident to arrest. Riley v. California, 573 U.S. …
Can law enforcement compel a subject to unlock a device?Read More
Houston in the Blind
Blind studies and procedures are the gold standard of evaluating the quality and reliability of scientific results. Unfortunately, this has long been lacking in forensic science. Fortunately, strides are being made to introduce blind testing to forensics, most notably in the Houston Forensic Science Center (HFSC). Currently, forensic scientists are tested periodically on their knowledge …
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 …
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 …
NACDL Releases Primers on Surveillance
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 …
Forensic Evidence Errors in Arson Investigations and Crime Scene Processing
Paul Bieber (Director at Arson Research Project: http://thearsonproject.org/research/) explores the misidentification of an accidental fire as an act of arson and how unreliable, quasi-scientific techniques led to the mistaken execution of an innocent man. On June 30th, join the UNC School of Government and the North Carolina Office of Indigent Defense Services for the seventh …
Forensic Evidence Errors in Arson Investigations and Crime Scene ProcessingRead More
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 …
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, …