On October 2, 2024, the Wilson Center for Science and Justice at Duke Law marked International Wrongful Convictions Day – a day designed to raise awareness of the causes and remedies of wrongful convictions and to shed light on the tremendous harms wrongful convictions have on individuals, their families, and communities. Since 1989, 75 people have been …
Reports & Publications
Digital Investigation Techniques: A NIST Scientific Foundation Review
The National Institute of Standards and Technology (NIST) finalized a report in Nov. 2022, first published in draft form in May, that reviews the scientific foundations of forensic methods for analyzing computers, mobile phones and other electronic devices. The full report is available here. Attorneys may find the report helpful for several reasons. First, the report …
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New Resource on Face Recognition
The Georgetown Law Center on Privacy & Technology has released a new report on face recognition which is designed to serve as a resource for researchers and criminal justice stakeholders encountering this technology. The report, “A Forensic Without the Science: Face Recognition in U.S. Criminal Investigations” and accompanying resources, including a brief, motion, affidavit, and …
White Paper on the Science of Late Adolescence: A Guide for Judges, Attorneys, and Policy Makers
Reposted from the NC Office of the Juvenile Defender Blog My high schooler is currently working on a Civics Literacy project in which she is tasked with creating a summary of candidates running for office and including relevant information about their platforms. Citing her resources for the information is important – she knows that if …
Field Sobriety Tests and THC Levels Unreliable Indicators of Marijuana Intoxication
National Institute of Justice-supported researchers from RTI International recently published the results of their research showing that field sobriety tests and THC levels are unreliable indicators of marijuana intoxication. The full study can be read here. A summary of the research is available here and provided the following take-aways that will be of interest for …
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New Uniform Language for Testimony and Reports documents published by US DOJ
The U.S. Department of Justice is developing guidance documents governing the testimony and reports of its forensic experts. These documents, known as “Uniform Language for Testimony and Reports,” or ULTR documents, are designed to provide guidance on the submission of scientific statements by the Department’s forensic examiners when drafting reports or testifying. The ULTRs are …
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NIJ Publishes Digital Evidence Policies and Procedures Manual
This month the National Institute of Justice’s (NIJ) Forensic Technology Center of Excellence published a Digital Evidence Policies and Procedures Manual to be used as a guide for law enforcement agencies. The preface to the manual clarifies that policies and procedures should be tailored to fit each lab’s particular circumstances, and further that a manual …
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New Standard for Detection Dogs
The AAFS Standards Board has issued the General Guidelines for Training, Certification, and Documentation of Canine Detection Disciplines. The new standard contains requirements for the development of training of canine handlers and canines. It also details the canine team assessments and the basis for certification procedures including record keeping and document management. The AAFS Standards …
Psychological Assessments in Legal Contexts: Are Courts Keeping “Junk Science” Out of the Courtroom?
The Association for Psychological Science published a review by Tess Neal, Christopher Slobogin, Michael Saks, David Faigman, and Kurt Geisinger on the psychological assessment tools used by forensic psychologists. The study found 67% are generally accepted in the field and only about 40% have generally favorable reviews of their psychometric and technical properties. The study …
Are There Really Flaws in Cell Phone Location Evidence?
Originally posted on the Envista Forensics Blog on Oct. 7, 2019 by Larry Daniel, Spencer McInvaille, Eric Grabski The amount of cell phone record location information being admitted as evidence in trial is occurring at an unprecedented rate. Juries across the U.S., and globally are being presented with call detail record analysis as evidence of …
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Some Texas District Attorneys require lab tests for marijuana charges
The Texas Legislature recently legalized the cultivation of hemp, complicating enforcement of existing marijuana laws in the state. Hemp and marijuana are the same species of plant, Cannabis sativa, and are distinguishable only through a chemical analysis which shows the THC concentration. The concentration of THC, the psychoactive compound in marijuana, is the legal difference …
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Forensic Science and Statistics – Special Issue of Significance Magazine
The American Statistical Association and Royal Statistical Society of the UK has published a special issue devoted for forensic evidence. The April 2019 issue, Forensic Science and Statistics, is a collaboration of the Center for Statistics and Applications in Forensic Evidence (CSAFE) and the Innocence Project. The April 2019 issue contains six articles focused on …
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ANSI/ASB Best Practice Recommendation 037, Guidelines for Opinions and Testimony in Forensic Toxicology
The American Academy of Forensic Science Standards Board (ASB) has published ANSI/ASB Best Practice Recommendation 037, Guidelines for Opinions and Testimony in Forensic Toxicology, First Edition. This document delineates guidelines for best practices in forensic toxicology opinions and testimony, including human performance toxicology (e.g., driving under the influence of alcohol or drugs), postmortem forensic toxicology, …
Police Manuals
Attorneys may find it useful to review police procedure manuals to understand the applicable rules of conduct for the relevant law enforcement entity in their case. These rules are referred to as “policies and procedures,” “general orders,” “general directives,” “codes of conduct,” or “manuals.” Many police departments across the state have their manuals available for …
Royal Society Forensic Primers
Both experienced and newer attorneys should be aware of two primers, released by The Royal Society, on forensic DNA analysis and forensic gait analysis, available here. Although these reports were intended for use by courts in the UK, they provide important information for attorneys in the United States. This blog post intends to give a brief …