Experts
Bias Is a Big Problem. But So Is ‘Noise.’
Beware of forensic experts expressing certainty
Why Defense Forensics Experts Matter
2021 Forensic Science Education Series: Biomechanics in Criminal Cases
The next 2021 Forensic Science Education webinar will take place March 18th at 1pm. This webinar is an exciting and unique opportunity to learn more about the field of biomechanics and how it can be used for evidentiary purposes in criminal cases. While perhaps not as often talked about as other disciplines within forensic science …
2021 Forensic Science Education Series: Biomechanics in Criminal CasesRead More
Seventh Annual Whiskey in the Courtroom: Evolving Trends in Forensic Science
Presented by the North Carolina Indigent Defense legal Services, Duke Law Center for Criminal Justice and Professional Responsibility, and the Duke Law Center for Science and Justice, the seventh annual Whiskey in the Courtroom will take place March 4th through 5th. This year the symposium will be hosted virtually through the Duke Law School. Each year, …
Seventh Annual Whiskey in the Courtroom: Evolving Trends in Forensic ScienceRead More
Challenging expert testimony at trial under Rule 702
This post addresses questions that I get from defenders who are seeking to challenge the admissibility of expert testimony under NC Rule of Evidence 702. I’ll address the nuts and bolts of how and when to make a 702 challenge for attorneys who haven’t yet challenged expert testimony. All defenders should read the NC Superior …
Challenging expert testimony at trial under Rule 702Read More
California lawmaker introduces bill to change expert testimony, forensic evidence legal standards
Mock Juror Perceptions of Forensics
Speakers: Brandon Garrett, Nicholas Scurich, and William Crozier. Presented by CSAFE. Recording available.
Conviction set aside in 1993 Michigan cold case in dispute over DNA expert
Additional considerations for in-person mental health evaluations during the COVID-19 pandemic
I posted in June 2020 about conducting mental health evaluations on in-custody clients during the COVID-19 pandemic here. In some cases, evaluations have proceeded. In others, defense teams have sought motions to continue to the dangers inherent in-person mental health evaluations of in-custody clients during the COVID-19 pandemic. This declaration by epidemiologist Eric T. Lofgren, …
Forensic mental health evaluations during the COVID-19 pandemic
Several attorneys have asked about having in-custody clients evaluated for competency or purposes during the COVID-19 pandemic. I’ve talked with experts about their availability and many are available, if appropriate measures to ensure safety are in place during the mental health evaluation. There isn’t a one-size-fits-all approach to how to conduct these necessary evaluations, but …
Forensic mental health evaluations during the COVID-19 pandemicRead More
State v. Cobb, 845 S.E.2d 870 (2020)
The court held that it was error to admit results of field tests, for the drugs only; but it was not prejudicial.
State v. Sasek
On May 19th, 2020 the North Carolina Court of Appeals released its opinion in the case of State v. Sasek. Mr. Sasek was convicted in March of 2019 of possession with intent to sell or deliver a schedule II controlled substance and sale of methamphetamine, which led to the revocation of his probation. Defense counsel …
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 …