School of Government Professor Jessie Smith has drafted a new chapter on Expert Testimony for the NC Superior Court Judge’s Benchbook. I’ve already heard one judge say from the bench that he had it open as he was considering a 702 challenge to expert testimony. Because this is a resource that judges look to, defenders …
Reports & Publications
AAAS Report on Fire Investigation
Attorneys who are handling cases involving arson allegations should be aware of the Forensic Science Assessments: A Quality and Gap Analysis – Fire Investigation publication that was released this month (July 2017). The report was produced by the American Association for the Advancement of Science (AAAS). The report looks at the discipline of fire investigations and …
Language Matters: USDOJ’s Reporting Language and Testimony Guidelines
Forensic scientists are tasked with the job of explaining often complex scientific data to judges, jurors, and attorneys who may have little understanding of the science underlying the forensic analysis in a case. Revelations in recent years that hair analysts provided testimony that had no scientific validity has highlighted the importance of using correct language to …
Language Matters: USDOJ’s Reporting Language and Testimony GuidelinesRead More
AAAS Responds to the NAS’s call for Research Backing Forensic Science
The American Association for the Advancement of Science (AAAS) announced that it will begin conducting an analysis of the scientific bases for ten forensic disciplines. Through funding from the Laura and John Arnold Foundation, AAAS plans to review the current scientific studies regarding the procedures and testimony of forensic experts. This analysis is a direct …
AAAS Responds to the NAS’s call for Research Backing Forensic ScienceRead More
Postmortem insect activity may be mistaken for antemortem wounds
According to the North American Entomology Association, it is easy for investigators to attribute postmortem damage to a body due to insect activity to antemortem occurrences. Studies have shown that the insects that feed on decaying bodies often leave behind marks or abrasions that can be misinterpreted by investigators. A recent study conducted at the …
Postmortem insect activity may be mistaken for antemortem woundsRead More
Draft Policy Recommendations by the National Commission on Forensic Science
The National Commission on Forensic Science has released six documents for public review and comment. The Commission’s recommendations, if adopted, will be recommendations to the Attorney General of the United States. However, they may become recognized as best practices for practitioners and courts dealing with forensic evidence. Attorneys or others who wish to comment on these recommendations …
Draft Policy Recommendations by the National Commission on Forensic ScienceRead More
Cognitive Bias and Forensic Anthropology
A study looking at how the conclusions of forensic anthropologists may be influenced by extraneous information highlights the importance of protecting all scientists from potentially biasing information. Forensic anthropologists determine the gender, national origin, and age of a person at the time of death. In some cases this determination must be based solely on skeletal …
Accessing Scientific Journal Articles
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 …
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 …
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 …
NIJ Has Made Available New Forensic Technical Reports
The National Institute of Justice has published several reports on novel techniques that are being investigated in order to improve forensic analysis. Take a look at the reports below to learn about some of the latest techniques that are being developed and to get a forecast of what techniques you may see coming soon to …
NIJ Has Made Available New Forensic Technical ReportsRead More
Fire Investigation Publications Available
The National Institute of Justice has made available the following reports that address various techniques used in fire investigations. These reports may be useful to attorneys handling cases were arson is alleged. Each report attempts to document best practices for investigating specific aspects of fires. Forensic Investigation Techniques for Inspecting Electrical Conductors Involved in Fire …
DNA for the Defense Bar
A fantastic new publication is available for criminal defense attorneys working on cases with DNA evidence. DNA for the Defense Bar was published by the National Institute of Justice in June 2012 and is available for free download here. Normally I don’t recommend printing out publications because I love trees, but this is one resource …
New research on how vultures affect time of death determinations
Researchers at Texas State University’s forensic anthropology research facility, one of the country’s five “body farms,” have discovered that failure to take into account the role of vultures may have affected time of death calculations in homicide investigations. See press coverage here. The scientists observed a flock of vultures reduce a corpse that had been …
New research on how vultures affect time of death determinationsRead More
Reference Manual on Scientific Evidence: Third Edition
The National Research Council recently released the third edition of the Reference Manual on Scientific Evidence, a manual developed to guide judges when they encounter scientific evidence at trials. The manual contains chapters on the admissibility of expert testimony as well as on particular topics of forensic science, including DNA evidence, toxicology, neuroscience, mental health …
Reference Manual on Scientific Evidence: Third EditionRead More