by M. Chris Fabricant and Karen Newirth The Innocence Project is seeking partners to litigate test cases involving unreliable forensic sciences and eyewitness misidentification. Attorneys with cases of potential interest should contact the IP directly at the email address provided below. On the morning of November 3, 1984, 63-year-old Ione Cychosz was found dead in …
Foundations of Forensics
Meeting with lab analysts and forensic pathologists prior to trial
Lab analysts at the State Crime Lab and forensic pathologists and toxicologists at the Office of the Chief Medical Examiner (OCME) are available to discuss cases with attorneys prior to trial. These experts can provide important information about the tests that were performed, the limitations of those tests, and the possibility of doing additional testing. Attorneys and …
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Hinton v. Alabama: Effective Counsel and Forensic Expertise
by Sarah Turberville, Senior Counsel, Criminal Justice Program, The Constitution Project on Tuesday, February 25, 2014 This article is re-posted from the National Association for Public Defense (NAPD) March newsletter. Please view the NAPD newsletter, available here, for additional articles relevant to effective criminal defense. On February 24th, the United States Supreme Court issued a per curiam reversal in the case …
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Participants Needed for Online Study on Forensic Evidence
Professors Brandon Garrett and Gregory Mitchell of the University of Virginia School of Law are conducting research on how people evaluate forensic evidence, and are inviting lawyers to participate in this research. Participation is voluntary and anonymous and takes only a few minutes. The study involves a few questions about a hypothetical criminal case and …
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Post on new fees for forensic expert testimony
School of Government Professor Jessica Smith authored an informative post entitled Imposing Fees for Forensic Expert Testimony — Is It Constitutional? on the North Carolina Criminal Law blog this morning. The post looks at a new $600 fee imposed on defendants when a State Crime Lab or a local crime lab analyst testifies at trial regarding …
Session Law 2013-338
Extends the time for local forensic science labs (other than the North Carolina State Crime Laboratory) to become accredited from July 1, 2013 to July 1, 2016.
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 …
Can Non-Testifying Defense Experts Be Subpoenaed by the State?
As defense attorneys prepare for trial they frequently reach out to experts to determine the strengths and weaknesses of their client’s case and to gain a better understanding of the evidence. In fact, proper preparation for a trial often demands that an attorney assemble information by speaking with experts in an effort to comprehend the …
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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 …
Bill to allow habeas relief on junk science cases passes Texas Senate
Failed Evidence: Why Law Enforcement Resists Science
Professor David A. Harris of the University of Pittsburgh has published an interesting book entitled Failed Evidence: Why Law Enforcement Resists Science. His 2012 book looks at problems with the traditional investigative tools in order to understand why wrongful convictions occur. Harris asks why law enforcement and prosecutors are resistant to changing the techniques they …
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National Commission on Forensic Science to be created
On nearly the four year anniversary of the National Academy of Sciences (NAS) Report which sharply criticized the forensic science system in the United States, the federal government announced the establishment of a National Commission on Forensic Science. The NAS Report recommended an overhaul of the current forensic system, including urging the establishment of a …
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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 …
Part 3: ISO and the NC Forensic Sciences Act of 2011
This is the third in a three-part series on lab accreditation, analyst certification, and ISO-compliant lab procedures by Ryan Niland. In response to concerns about the failures of the North Carolina State Crime Laboratory (formerly known as the SBI lab), North Carolina passed the Forensic Sciences Act (FSA) in 2011. Among other things, the FSA …
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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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