Arson
- A Model for Confronting Fire Investigation Errors, 9/26/2020Fall 2020 law review article by John Lentini addressing how to defend someone accused of arson.
- A Model for Confronting Fire Investigation Errors, 10/5/2021John Lentini article containing important principles for investigating arson evidence.
- Evidence on Fire: North Carolina Law Review Article on the Admissibility of Fire-Science Evidence in Criminal Cases, 6/3/2020Valena E. Beety et. al, Evidence on Fire, 97 N.C. L. Rev. 483, 516 (March 2019)
- Gas Chromatography-Mass Spectrometer (GC/MS): In Scientific Evidence, Even ‘Gold Standard’ Techniques Have Limitations, 9/6/2018by Joanna Gin and Edward Imwinkelreid. UC Davis Legal Studies Research Paper, available for free download. Like nuclear DNA testing, GC/MS analysis has important limitations. Courts should not assume it is a nearly infallible technique. When GC/MS is used in drug testing, the court must inquire as to the mode of analysis: full scan, selective …
- Spark of Truth: Can Science Bring Justice to Arson Trials?, 4/15/2019, Discover MagazineThis October 2011, Discover Magazine article by Douglas Starr explains how the science of fire investigation has evolved in recent years and discusses why certain findings that have traditionally been interpreted as evidence of arson have been debunked. This article is an excellent reference for attorneys who are seeking additional information about fire investigation or …
Bite Mark
- Forensic bitemark identification: weak foundations, exaggerated claims, 11/26/2016Nov. 2016 Journal of Law and Biosciences article.
- NIST Scientific Foundation Reviews, 12/18/2020, NISTDocument outlining NIST's approach to conducted scientific foundation reviews (including data sources used, evaluation criteria, and expected outputs) of DNA mixture interpretation, bitemark analysis, digital evidence, and firearms examination.
Blood and Bodily Fluids
- Study Assesses the Accuracy and Reproducibility of Bloodstain Pattern Analysis, 12/14/2022, NIJBlack box study of bloodstain pattern analysts finds contrasting conclusions due to terminology; highlights importance of establishing consensus standards.
- The Forensic Microbiome: The Invisible Traces We Leave Behind, 6/7/2021, NIJ
Child Abuse Allegations
- Cognitive bias in forensic pathology decisions, 2/20/2021, Journal of Forensic Sciences
- Feigned Consensus: Usurping the Law in Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, 2/4/2019Univ. of Wisconsin Legal Studies Research Paper No. 1461, 2019 by Keith Findley et al. This article, coauthored by four law professors, two physicians, and a physicist, demonstrates that there is very much a live controversy about the SBS/AHT hypothesis and maintains that, under traditional principles of Evidence law, physicians should not be permitted to …
- Is It an Accident or Abuse? Researchers Develop Predictive Models for Pediatric Head Injuries, 3/11/2024, NIJNIJ-supported research has enabled biomechanical experts to improve predictive models of head injuries in children, helping physicians and law enforcement to better distinguish between accidental injury and abuse.
- Summary: The Little Rascals Daycare Case, 7/1/2020PBS Frontline (1997). Summary of the Little Rascal Daycare Case.
Crime Scene Investigation
- Accuracy and Reproducibility of Conclusions by Forensic Bloodstain Pattern Analysts, 6/3/2021R. Austin Hicklin, Kevin R. Winer, Paul E. Kish, Connie L. Parks, William Chapman, Kensley Dunagan, Nicole Richetelli, Eric G. Epstein, Madeline A. Ausdemore, Thomas A. Busey,. Forensic Science International, 2021. Highlights: Conclusions by bloodstain pattern analysts were often erroneous and often contradicted other analysts On samples with known causes, 11.2% of responses were erroneous …
Death by Distribution
- Confrontation Clause Flowchart, 3/17/2025, UNC School of GovernmentQuick reference for analyzing admissibility of statements under the Confrontation Clause. Created by Phil Dixon in March 2025.
- Defending Death by Distribution Cases Blog Post, 3/17/2020, UNC School of GovernmentUNC School of Government Criminal Law Blog Post discussing actual and proximate causation, intervening causes, multiple drug cases, pre-existing conditions, and joint users by Phil Dixon. Published in Jan. 2020.
- Defending Death by Distribution Cases Checklist, 3/17/2020by Cynthia Hernandez & Taleed El-Sabawi, JD, PhD This checklist has been adapted from the “Drug-Induced Homicide Defense Toolkit” by Beety, et al., and the University of North Carolina School of Government blog post, “Defending Death by Distribution Cases”, by Phil Dixon. This checklist is meant to help criminal defense attorneys identify possible defenses to …
- Drug-Induced Homicide Defense Toolkit, 12/18/2019The Health In Justice Action Lab of the Northeastern University School of Law has created a toolkit for attorneys defending death by distribution of drugs. The toolkit includes recent favorable caselaw and links to the amicus curiae briefs filed by the Action Lab and its partners that were successful in those cases; an expanded section …
- NACDL 4th Amendment Center Information Sheet, 3/17/2025, NACDLDescribes assistance that NACDL’s Fourth Amendment Center can provide to defense teams regarding digital evidence
- What records are available in a death investigation case blog post, 3/17/2021, NCIDSForensic Resources blog post regarding OCME discovery by Sarah Olson and Dr. Christena Roberts. Describes the items provided through a routine discovery request and additional items from the Medical Examiner file that can be obtained through a subpoena or court order. Drafted in Jan. 2020.
Death Investigation
- “Not Scientific” to Whom? Laypeople Misjudge Manner of Death Determinations as Scientific and Definitive, 7/23/20242024 Wrongful Convictions Law Review article by Jeff Kukucka and Oyinlola Famulegun on research study demonstrating that mock jurors interpret manner of death determinations to be scientific and definitive though they are not intended to be scientific according to forensic pathologists.
- Cognitive bias in forensic pathology decisions, 2/20/2021, Journal of Forensic Sciences
- Drug-Induced Homicide Defense Toolkit, 12/18/2019The Health In Justice Action Lab of the Northeastern University School of Law has created a toolkit for attorneys defending death by distribution of drugs. The toolkit includes recent favorable caselaw and links to the amicus curiae briefs filed by the Action Lab and its partners that were successful in those cases; an expanded section …
- The “Magnificent Seven Errors” in Forensic Autopsy Practice: The Italian Context, 1/20/2023This article provides a framework for identifying potential errors in death investigations. Attorneys should consider whether any of these are potential issues in their homicide cases. The types of errors identified are: oversights in autopsy technique, incorrect collection of photographic and video material, unauthorized attendance at the autopsy, missing/mistaken reporting at any stage of the …
- The effect of contextual information on decision-making in forensic toxicology, 7/22/2021This study investigates the effects of contextual information on forensic toxicology testing and analysis. By Hilary J. Hamlett & Itiel E. Dror
Digital Evidence
- A hierarchy of expert performance (HEP) applied to digital forensics: Reliability and biasability in digital forensics decision making, 9/8/2021, Forensic Science InternationalSunde and Dror 2021 article
- Compelled Decryption Primer, 4/30/2019NACDL’s Fourth Amendment Center has published a primer on whether law enforcement can compel a suspect to unlock or decrypt a device.
- Guidelines for Digital Forensics First Responders, 3/5/2021Interpol guidelines for best practices for search and seizure of electronic and digital evidence
- Machine Testimony, 6/29/2017Yale Law Journal article by Prof. Andrea Roth
- New Approaches to Digital Evidence Acquisition and Analysis, 10/30/2018Overview of NIJ research on new approaches to acquiring and analyzing digital media.
- NIST Tests Forensic Methods for Getting Data From Damaged Mobile Phones, 1/28/2020, NISTThis study looks at two methods for accessing data on damaged mobile phones.
- Results from a Black-Box Study for Digital Forensic Examiners, 2/1/2022, NISTThe purpose of the study was to evaluate the outcomes of mobile and hard-drive forensic results achieved on mock examinations based on the demographic characteristics of the participants. The demographic data related to an individual’s workplace environment, education, and work experience. This study was open to anyone in the public or private sectors who work …
DNA
- A preparatory guide for court prepared for DNA examiners by STRmix, 8/24/2021This document responds to the DNA Mixture Interpretation: A NIST Scientific Foundation Review (draft) document from June 2021. STRmix prepared this document as guidance for STRmix users who may encounter the NIST review in the court setting.
- AI Case Study: Probabilistic Genotyping DNA Tools in Canadian Criminal Courts, 6/1/2021A report of the Law Commission of Ontario which considers the role and impact of AI-driven probabilistic genotyping technology to generate evidence used in the criminal justice system. The report makes a number of recommendations based on concerns that PG DNA evidence may lead to wrongful convictions if not properly regulated.
- Defending IEEE Software Standards in Federal Criminal Court, 8/29/2021June 2021 article by Marc Canellas. IEEE’s 1012 Standard for independent software and hardware verification and validation (IV&V) is under attack in U.S. federal criminal court. As software spreads through the criminal legal system, scientists, engineers, and IEEE have an essential role in ensuring courts understand and respect IEEE 1012 and IV&V. If not, courts …
- Evidence Collection and Analysis for Touch DNA in Groping and Sexual Assault Cases, 9/21/2021Julie Valentine et al. in Journal of Forensic Nursing (2021)
- Improving Analysis of “Trace DNA” Evidence, 1/16/2024, NIJNIJ report on use of direct PCR which may eliminated the loss of DNA that traditionally occurs during DNA extraction and quantitation
- NIST Scientific Foundation Reviews, 12/18/2020, NISTDocument outlining NIST's approach to conducted scientific foundation reviews (including data sources used, evaluation criteria, and expected outputs) of DNA mixture interpretation, bitemark analysis, digital evidence, and firearms examination.
- No Longer the Gold Standard: Probabilistic Genotyping is Changing the Nature of DNA Evidence in Criminal Trials, 6/26/2019Author: Bess Stiffelman Esq.
- PG Software and the Courts: The Verdict So Far, 1/5/2021, The ProsecutorBruce Budowle provides an overview of challenges to STRMix and other PG software for The Prosecutor magazine.
- The Forensic Microbiome: The Invisible Traces We Leave Behind, 6/7/2021, NIJ
- The Probabilistic Genotyping Software STRmix: Utility and Evidence for its Validity, 8/5/2021By: John S. Buckleton, D.Sc.; Jo-Anne Bright, Ph.D.; Simone Gittelson, Ph.D.; Tamyra R. Moretti, Ph.D.; Anthony J. Onorato, M.C.I.M., M.S.F.S.; Frederick R. Bieber, Ph.D.; Bruce Budowle, Ph.D.; and Duncan A. Taylor, Ph.D.
- Timeline of DNA Analysis in North Carolina, 4/16/2013This 2013 document traces the development of forensic DNA analysis and its use by the NC State Crime Lab. It attempts to identify what technologies were available at what time. Information about the Charlotte-Mecklenburg Police Department Crime Laboratory is not included.
- Trying Mitochondrial DNA Cases, 9/25/2020Prepared by the Wisconsin Public Defender’s Office
- Trying Y-STR DNA Cases, 9/25/2020Information prepared by the Wisconsin Public Defender’s Office
Drug Analysis
- Defending Death by Distribution Cases, 1/21/2020Jan. 21, 2020 NC Criminal Law blog post by Phil Dixon with links to resources for defenders litigating the new crimes of death by distribution and aggravated death by distribution in G.S. 14-18.4 cases.
- Drug-Induced Homicide Defense Toolkit, 12/18/2019The Health In Justice Action Lab of the Northeastern University School of Law has created a toolkit for attorneys defending death by distribution of drugs. The toolkit includes recent favorable caselaw and links to the amicus curiae briefs filed by the Action Lab and its partners that were successful in those cases; an expanded section …
- Gas Chromatography-Mass Spectrometer (GC/MS): In Scientific Evidence, Even ‘Gold Standard’ Techniques Have Limitations, 9/6/2018by Joanna Gin and Edward Imwinkelreid. UC Davis Legal Studies Research Paper, available for free download. Like nuclear DNA testing, GC/MS analysis has important limitations. Courts should not assume it is a nearly infallible technique. When GC/MS is used in drug testing, the court must inquire as to the mode of analysis: full scan, selective …
- In Glowing Colors: Seeing the Spread of Drug Particles in a Forensic Lab, 4/22/2020, NISTDiscusses the paper below and shows black-light videos that help illustrate the risk of cross contamination in a forensic drug lab. E. Sisco, M.E. Staymates, A. Burns. An easy to implement approach for laboratories to visualize particle spread during the handling and analysis of drug evidence. Forensic Chemistry. Published online March 11, 2020. DOI: 10.1016/j.forc.2020.100232
- NIST Study Will Help Labs Distinguish Between Hemp and Marijuana, 1/14/2021, NIST
- Safe, Efficient, Reliable: New Science in the Fight Against Killer Drugs, 3/24/2021, NISTNIST article about testing of drugs that may contain fentanyl or other dangerous synthetic opioids. The article contains video clips showing how powder substances can contaminate various surfaces in laboratories and addresses ways that labs work to eliminate contamination.
- The Effect of Legal Hemp on Drug Dog Sniffs, 2/6/2023, UNC School of GovernmentJeff Welty posted a 2-part series on the effect of legal hemp on drug dog sniffs on the SOG’s blog, North Carolina Criminal Law. They are linked here: Part 1 Part 2
Drug Recognition Experts
- Expert Testimony Regarding Impairment, 6/9/2010Shea Denning of the UNC School of Government discusses the adoption of Rule 702(a1) and the admissibility of HGN and DRE evidence. For additional information, contact Shea Denning. She is available as a resource on this topic.
Experts
- Psychological Assessments in Legal Contexts: Are Courts Keeping “Junk Science” Out of the Courtroom?, 2/18/2020The 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 …
Eyewitness ID
- Eyewitness Identification Procedures: Recommendations for Lineups and Photospreads, 1/1/1998by Gary Wills, Mark Small Steven Penrod, Roy Malpass, Solomon Fulero, C.A.E. Brimacombe, Law and Human Behavior, Vol. 22, No. 6, 1998.
- New Directions in Eyewitness Evidence Research and Practice: After the 2014 National Academy of Sciences Report, 6/6/2022, Wilson Center for Science and JusticeThis report reviews advances in research and in our criminal legal system since the release of the 2014 NAS report. We base our findings on a systematic scoping review of empirical research in eyewitness identification, a workshop with researchers and legal professionals (November 2020), and surveys of leading respondents, as described below. This report also offers promising …
- Policy and procedure recommendations for the collection and preservation of eyewitness identification evidence, 10/25/2020Wells, G. L., Kovera, M. B., Douglass, A. B., Brewer, N., Meissner, C. A., & Wixted, J. T. (2020). Policy and procedure recommendations for the collection and preservation of eyewitness identification evidence. Law and Human Behavior, 44(1), 3–36. The Executive Committee of the American Psychology-Law Society appointed a subcommittee to update the influential 1998 scientific review …
- Suggestive Eyewitness Identification Procedures and the Supreme Court’s Reliability Test in Light of Eyewitness Science: 30 Years Later, 1/1/2009by Gary Wells and Deah Quinlivan, Law Hum Behav (2009) 33:1-24.
- The Law and Science of Eyewitness Evidence, 9/5/2020Aug. 2020 article by Brandon Garrett and Thomas Albright that examines how the science of eyewitness identifications has informed the law. The article looks state-by-state at legal precedent, legislative action, and police reforms related to eyewitness evidence. Available for free download.
Fingerprints
- BBC Radio investigative program, 3/10/2011Radio program that covers challenges to the reliability of fingerprint evidence, including bias. Includes coverage of the Brandon Mayfield case (from Mar. 10, 2011).
- Certainty and Uncertainty in Reporting Fingerprint Evidence, 4/8/2019Jury study evaluating how potential jurors react to different language used by fingerprint examiners to express their conclusions. Available for free download.
- Fingerprint Error Rate on Close Non-Matches, 10/3/2020Sept. 2020 research by Jonathan J. Koehler and Siquan Liu on the accuracy of distinguishing between two close non-matches. False positive error rates were 15.9% and 28.1% on the two close non-matches on mandatory proficiency tests that were studied. As the size of fingerprint databases grow, the risk of a close non-match being present in …
- Fingerprints and Miscarriages of Justice: ‘Other’ Types of Error and A Post-Conviction Right to Database Searching, 7/5/2019This July 2018 article by Simon Cole and Barry Scheck provides a systematic and comprehensive examination of “other” types of error in friction ridge analysis beyond erroneous identifications, including 40 publicly-exposed cases containing these errors. The article also calls for access to post-conviction database searching of fingerprint and other forensic databases.
- Forensic Footwear Reliability, 10/19/2020, NIJThree NIJ-funded research articles on the reliability of footwear comparisons were published in 2020. Part I—Participant Demographics and Examiner AgreementPart II—Range of Conclusions, Accuracy, and ConsensusPart III—Positive Predictive Value, Error Rates, and Inter-Rater Reliability
- More than Zero: Accounting for Error in Latent Fingerprint Identification, 1/1/2005by Simon Cole, Journal of Criminal Law and Criminology, Vol. 95, No. 3, 2005 – Comprehensive review of what is known about the potential error rate of latent print identification. Includes all known cases of fingerprint misattributions. Examines proficiency test data as well as the profession’s and courts’ efforts to minimize or dismiss fingerprint error. …
- Sworls and Whorls: Litigating Post-Conviction Claims of Fingerprint Misidentification after the NAS Report, 1/1/2010by Jacqueline McMurtrie, , Utah Law Review, Vol 2010, No. 2. – addresses uniqueness, individualization and infallibility claims of fingerprint examination, the history of latent print individualization, recent legal challenges to latent print individualization, and the NAS report and its use in post-conviction claims based upon new developments in forensic science.
Firearms
- A Re-Analysis of Repeatability and Reproducibility in the Ames-USDOE-FBI Study, 10/27/2022
- A Systematic Challenge to the Reliability and Admissibility of Firearms and Toolmark Identification, 4/26/2019Article by Adina Schwartz, in The Columbia Science and Technology Law Review
- Analysis of experiments in forensic firearms/toolmarks practice offered as support for low rates of practice error and claims of inferential certainty, 6/1/2012Article by Clifford Spiegelman and William A. Tobin that evaluates experiments used to justify conclusions of “individualization” or specific source attribution to “100% certainty” and “near-zero” rates of error claimed by firearm toolmark examiners in court testimonies and suggests approaches for establishing statistical foundations for this firearm and toolmark comparisons.
- Automatic comparison and evaluation of impressions left by a firearm on fired cartridge cases, 1/1/20142014 article by F. Riva and C. Champod in the Journal of Forensic Sciences. Addresses new solutions to decrease the subjective component of firearm/spent cartridge case comparisons.
- Cognitive Biases in the Peer Review of Bullet and Cartridge Case Comparison Casework: A Field Study, 2/3/2020Jan. 28, 2020 article in Science & Justice finding that bias occurs in non-blind peer reviewed bullet and cartridge case comparisons. Higher status examiners have a large influence on the outcome of a discussion. Blind peer review may reduce the probability of bias during peer review.
- Cognitive biases in the peer review of bullet and cartridge case comparison casework: A field study, 10/18/2021Research study on bullet and cartridge case comparison finding the odds of disagreement between examiners about the evidential strength of a comparison were approximately five times larger in the blind than in the non-blind procedure, with disagreement about 42.3% and 12.5% of the proposed conclusions, respectively. Also, the odds that their proposed conclusion was reported …
- Daubert Challenges to Firearms (“Ballistics”) Identifications, 12/1/2007Article by Paul Gianelli
- FBI Lab Scraps Gunfire Residue, 5/26/2006by Julie Bykowicz, The Baltimore Sun. 2006 article which discusses a 2001 contamination study and the FBI’s decision to no longer analyze gunshot residue in its investigations.
- Gunshot residue contamination of the hands of police offices following start-of-shift handling of their firearm, 11/1/2016Forensic Science International published a research article by Michael Cook in Nov. 2016. The study found that 85 percent of officers had 3-component GSR particles on their hands immediately following the start-of-shift handling of their firearms.
- Hypothesis Testing of the Critical Underlying Premise of Discernible Uniqueness in Firearms-Toolmarks Forensic Practice, 12/1/2012Article by William A. Tobin and Peter J. Blau that argues that existing studies that are typically presented in court as support for firearm/projectile comparisons are fatally flawed and thus are of no value for validation of the techniques used. The authors offer a solution that would allow a scientifically defensible opinion to be proffered …
- Judging Firearms Evidence, 11/17/2023
- Knife and Saw Toolmark Analysis in Bone: A Manual Designed for the Examination of Criminal Mutilation and Dismemberment, 12/1/2010by Steven A. Symes, Ph.D. et al. for the U.S. Department of Justice. Available through the National Criminal Justice Reference Service (2010)
- Methodological Problems in Every Black-Box Study of Forensic Firearm Comparisons, 3/28/2024Full text article available for free download, summarizes critiques of study design of research on forensic firearm comparisons.
- Mock Jurors’ Evaluation of Firearm Examiner Testimony, 1/1/2020, CSAFEGarrett, B.L, Scurich, N, & Crozier, W.E. (2020)
- NIBIN Toolkit for Prosecutors, 6/1/2021, Ultra Electronics Forensic TechnologyExplains how the NIBIN database works to search for possible connections between bullets or casings fired a separate crime scenes. Explains that every NIBIN lead must be verified by a firearms examiner. The NIBIN technician report of a lead is not sufficient reliable and should not be the basis of testimony. Advises prosecutors not to …
- NIST Scientific Foundation Reviews, 12/18/2020, NISTDocument outlining NIST's approach to conducted scientific foundation reviews (including data sources used, evaluation criteria, and expected outputs) of DNA mixture interpretation, bitemark analysis, digital evidence, and firearms examination.
- Summary of the FBI Laboratory’s Gunshot Residue Symposium, May 31-June 3, 2005, 6/3/2005Article that summarizes the findings of a group of scientists and practitioners who met to address issues with gunshot residue analysis and attempt to create guidelines for this type of analysis. This document references several studies that have been published regarding contamination of subjects and proper collection, testing, and reporting procedures.
- The Controversy Concerning Gunshot Residues Examinations, 8/1/2008by Dennis L. McGuire, M.S., Forensic Magazine – discusses the lack of a uniform standard for GSR analyses based upon validated studies. States that until those studies are completed, “positive determinations of GSR should be seriously scrutinized.”
Forensic/Sexual Assault Exams
- Evidence Collection and Analysis for Touch DNA in Groping and Sexual Assault Cases, 9/21/2021Julie Valentine et al. in Journal of Forensic Nursing (2021)
Foundations of Forensics
- (Mis)use of scientific measurements in forensic science, 9/7/2020, Forensic Science InternationalArticle by Itiel Dror and Nicholas Scurich on the insufficient attention or weight that has been given to inconclusive evidence and inconclusive decisions in forensic science error rate studies.
- Biological Evidence in the Courtroom: Mandatory Judicial Inquiry, 3/23/2021Mar. 23, 2021 SOG blog post by Jacquelyn Greene about requirements for preservation and disposal of biological evidence
- Cognitive biases in the peer review of bullet and cartridge case comparison casework: A field study, 10/18/2021Research study on bullet and cartridge case comparison finding the odds of disagreement between examiners about the evidential strength of a comparison were approximately five times larger in the blind than in the non-blind procedure, with disagreement about 42.3% and 12.5% of the proposed conclusions, respectively. Also, the odds that their proposed conclusion was reported …
- NIST Scientific Foundation Reviews, 12/18/2020, NISTDocument outlining NIST's approach to conducted scientific foundation reviews (including data sources used, evaluation criteria, and expected outputs) of DNA mixture interpretation, bitemark analysis, digital evidence, and firearms examination.
- No Longer the Gold Standard: Probabilistic Genotyping is Changing the Nature of DNA Evidence in Criminal Trials, 6/26/2019Author: Bess Stiffelman Esq.
- The Forensic Microbiome: The Invisible Traces We Leave Behind, 6/7/2021, NIJ
- The US Department of Justice stumbles on visual perception, 6/15/20212021 PNAS article by Thomas D. Albright
Mental Health
- Behavioral Science Briefs, 8/21/2020Board-certified forensic psychologists Dr. Daniel J. Neller and Dr. Maureen L. Reardon regularly review the latest contents of hundreds of scholarly journals in the behavioral sciences; analyze studies of greatest benefit to trial attorneys; and present key findings in a concise and simple format. 2020Volume 1Volume 2Volume 3Volume 4 2021Volume 1Volume 2Volume 3
- Psychological Assessments in Legal Contexts: Are Courts Keeping “Junk Science” Out of the Courtroom?, 2/18/2020The 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 …
- UNC School of Government Blog: Capacity, Commitment, and COVID-19, 8/21/2020April 13, 2020 blog post by John Rubin
- UNC School of Government Blog: Diminished Capacity, 6/8/2020Jeff Welty discusses the increasing use of diminished capacity defenses in North Carolina. Post provides helpful cites of recent North Carolina cases in which the diminished capacity defense was used.
- UNC School of Government Blog: Voluntary Intoxication, 6/8/2011UNC School of Government Criminal Law blog post by Jeff Welty from June of 2011 about the voluntary intoxication defense in North Carolina.
Toxicology
- Defending Death by Distribution Cases, 1/21/2020Jan. 21, 2020 NC Criminal Law blog post by Phil Dixon with links to resources for defenders litigating the new crimes of death by distribution and aggravated death by distribution in G.S. 14-18.4 cases.
- Drug-Induced Homicide Defense Toolkit, 12/18/2019The Health In Justice Action Lab of the Northeastern University School of Law has created a toolkit for attorneys defending death by distribution of drugs. The toolkit includes recent favorable caselaw and links to the amicus curiae briefs filed by the Action Lab and its partners that were successful in those cases; an expanded section …
- False-positive interferences of common urine drug screen immunoassays: a review, 6/29/2014Explains possible cross-reactivities/false positives in urine drug screens. Full article available for download.
- Field Sobriety Tests and THC Levels Unreliable Indicators of Marijuana Intoxication, 4/5/2021, NIJResearchers investigated how marijuana affects skills required for safe driving and found that biofluid levels of THC did not correlate with field sobriety test performance or marijuana intoxication, regardless of how the cannabis was ingested.
- Gas Chromatography-Mass Spectrometer (GC/MS): In Scientific Evidence, Even ‘Gold Standard’ Techniques Have Limitations, 9/6/2018by Joanna Gin and Edward Imwinkelreid. UC Davis Legal Studies Research Paper, available for free download. Like nuclear DNA testing, GC/MS analysis has important limitations. Courts should not assume it is a nearly infallible technique. When GC/MS is used in drug testing, the court must inquire as to the mode of analysis: full scan, selective …
- Horizontal Gaze Nystagmus:
The Science and The Law, 2/10/2021, NDAANational District Attorneys Association resource guide - Medical Cannabis and Driving, 9/20/2021, Royal Australian College of General PractitionersThomas R Arkell, Danielle McCartney, and Iain S McGregor article
- Obtaining Medical Records in DWI Cases, 1/28/2020Jan. 27, 2020 North Carolina Criminal Law blog post by Shea Denning
- The effect of contextual information on decision-making in forensic toxicology, 7/22/2021This study investigates the effects of contextual information on forensic toxicology testing and analysis. By Hilary J. Hamlett & Itiel E. Dror
- Urine Drug Screening: Minimizing False-Positives and False-Negatives to Optimize Patient Care, 8/18/2016Article from US Pharmacist that addresses potential false-positives and false-negatives in urine screens.
Trace Evidence
- Cosmetic Trace Evidence, 9/12/2020A tissue containing a faint stain was submitted to determine if evidence of a make-up stain was present. Although the tissue had been previously analyzed by another laboratory (to no avail) and only a single, barely stained area of the tissue remained, Microtrace, LLC was able to use light and electron microscopy to characterize the …
- FBI admits flaws in hair analysis over decades, 10/18/2020The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered hair comparison evidence against criminal defendants over more than a two-decade period before 2000. Of 28 examiners with the FBI Laboratory’s microscopic hair comparison unit, 26 …
- Gunshot residue contamination of the hands of police offices following start-of-shift handling of their firearm, 11/1/2016Forensic Science International published a research article by Michael Cook in Nov. 2016. The study found that 85 percent of officers had 3-component GSR particles on their hands immediately following the start-of-shift handling of their firearms.
- Improving a Database to Help Identify a Vehicle by Using Paint Fragments, 10/6/2020, NIJFor years, investigators have relied on the Paint Data Query database to identify the make of a vehicle by matching the physical attributes, chemical composition, and infrared spectrum of the paint, primers, and clear coating layers. However, there are concerns with the database, generic coding being one of them.
- Linking Suspects to Crime Scenes with Particle Populations, 10/6/2020, NIJTwo scientists with a long record of research into the forensic value of very small particle populations examined cell phones, handguns, drug packaging, and ski masks from the San Diego County Sheriff’s Office examine whether such particles are valuable as physical evidence.
- Microbial Communities on Skin Leave Unique Traces at Crime Scenes, 10/3/2020, NIJTwo related NIJ-supported studies evaluated the possibility of using an individual’s skin microbiome — a community of microorganisms that inhabit a specific environment — as a form of trace evidence from evidence found at a crime scene. The first study, led by Dr. Rob Knight of the University of California, San Diego, examined whether the …
- Portable NIST Kit Can Recover Traces of Chemical Evidence, 10/7/2020, NISTA chemist at NIST has developed a portable version of his method for recovering trace chemicals such as environmental pollutants and forensic evidence including secret graves and arson fire debris. The briefcase-sized kit could enable detectives, field inspectors and others to carry with them a convenient version of NIST’s “headspace analysis” technique, which identifies solid or …
- Summary of the FBI Laboratory’s Gunshot Residue Symposium, May 31-June 3, 2005, 6/3/2005Article that summarizes the findings of a group of scientists and practitioners who met to address issues with gunshot residue analysis and attempt to create guidelines for this type of analysis. This document references several studies that have been published regarding contamination of subjects and proper collection, testing, and reporting procedures.
- The Controversy Concerning Gunshot Residues Examinations, 8/1/2008by Dennis L. McGuire, M.S., Forensic Magazine – discusses the lack of a uniform standard for GSR analyses based upon validated studies. States that until those studies are completed, “positive determinations of GSR should be seriously scrutinized.”
- Toner Particles as Forensic Evidence, 10/3/2020The Journal of Forensic Sciences is now offering an early viewing of a new article by Microtrace scientists. This article is co-authored by Katie White and Christopher Palenik. This article explores the potential usefulness of subvisible toner cartridge particles as evidence in forensic investigations. Modern printing toners represent a prime example of subvisible particles that can be …