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 …
Featured Articles
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 …
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, …
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 …
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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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 …
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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“Forensics on Trial” program on NOVA
NOVA (PBS) aired a program called “Forensics on Trial” on October 17, 2012, examining the crisis facing crime labs in the U.S which lack central oversight, employ few scientific standards, and have poor regulation of examiners. The program investigates how the use of fingerprint, bite mark, ballistics, toolmark, and hair analysis evidence has led to …
The (Sorry) State of Forensics in the US [and perhaps the world]
Reposted from The Wrongful Convictions Blog by Phil Locke, Science and Technology Advisor, Ohio Innocence Project In 2009, The National Academies of Science of the United States published its Congressionally commissioned report: “Strengthening Forensic Science in the United States – A Path Forward.” Chapter 5 of the report presents a review of a number of …
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Improving Arson Investigations
Discover Magazine recently published two articles about how recent scientific investigation has challenged the traditional principles and methodology of fire investigation. Spark of Truth: Can Science Bring Justice to Arson Trials? explains how these developments have occurred and Seven Myths About Arson debunks seven fire scene findings that have been used in numerous cases as …
DNA Mixture Analysis – Is It Subjective or Objective?
DNA is often regarded as the gold standard of forensic science because of its purported objectivity, which makes it immune to subjectivity and bias. The National Academy of Sciences 2009 Report, Strengthening Forensic Science in the United States: A Path Forward even concluded that “[w]ith the exception of nuclear DNA analysis, . . . no …
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