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Reports & Publications

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Arson

  • A Guide for Investigating Fire and Arson, 4/15/2019
    This 2009 NIJ publication describes recommended practices for the collection and preservation of evidence at fire scenes. This guide may provide areas of cross examination in cases where the recommended policies were not followed.
  • Fire and Arson Scene Evidence: A Guide for Public Safety Personnel, 4/15/2019
    2000 NIJ publication written and approved by the Technical Working Group on Fire/Arson Scene Investigation. Includes recommendations about preserving the scene, interviewing witnesses, documentation, and evidence processing.
  • Forensic Fire Scene Examination – What it Tells Us, and What it Doesn’t, 4/15/2019
    This article by Paul Bieber appeared in the 2013 CACJ publication. Bieber looks at the reliability of fire investigation and the validity of techniques including identification of the area or areas of origin.
  • Forensic Investigation Techniques for Inspecting Electrical Conductors Involved in Fire, 4/12/2019
    2012 DOJ publication by Richard J. Roby, Ph.D. and Jamie McAllister, Ph.D. that looks at the physical characteristics of energized and non-energized wires subjected to various types of fire exposures.
  • Forensic Science Assessments: A Quality and Gap Analysis – Fire Investigation, 4/15/2019
    The American Association for the Advancement of Science produced this July 2017 report that assesses what aspects of fire investigation are well founded and science and where gaps exist in knowledge. The full report is available for free download. A “plain language” summary is also available for download.
  • Habeas Relief From Bad Science: Does Federal Habeas Corpus Provide Relief for Prisoners Possibly Convicted on Misunderstood Fire Science?, 4/15/2019
    by Marc Price Wolf, Minnesota Journal of Law, Science & Technology (2009). Describes the shift in methodology and foundational principles that the field of fire investigation has undergone recently and discusses how habeas corpus relief can be utilized in arson cases.
  • Measuring the Impact of Cognitive Bias in Fire Investigation, 4/15/2019
    This 2012 report by Paul Bieber of the Arson Research Project finds that cognitive bias is found in the field of fire investigation. Makes recommendations for how to minimize these biases.
  • National Academy of Sciences Report, 4/15/2019
    See pp. 170-173 for the National Research Counsel’s assessment of the analysis of explosives evidence and fire debris
  • NFPA 921: Guide for Fire and Explosion Investigations, 2017 ed., 4/15/2019
    The National Fire Protection Association publishes this manual which is the standard of care in fire investigation. This guide can be viewed for free on the NFPA website which is an excellent way to become familiar with the standards; however, if you wish to download or print it, you must purchase a copy. Email Sarah Rackley Olson if …
  • OSAC Registry Approved Standards, 9/2/2020, NIST
    The Organization of Scientific Area Committees for Forensic Evidence (OSAC) develops documentary standards for forensics through a standards developing organization or other consensus-based process that allows for participation and comment from relevant stakeholders. Standards under consideration as well as approved standards are available in the OSAC Registry. Standards are being developed for each forensic discipline.
  • Reducing Uncertainty of Quantifying the Burning Rate of Upholstered Furniture, 4/15/2019
    2012 DOJ publication by Marc L. Janssens that investigates how to estimate the burning rate of upholstered furniture and how to express the uncertainty of this prediction.
  • Scientific Protocols for Fire Investigation, 4/15/2019
    2006 book by John Lentini on appropriate techniques for fire scene investigations and chemical analysis of fire debris. Highlights frequent errors in fire investigation, the history of fire investigation and how the profession has evolved.
  • Spontaneous Ignition in Fire Investigation, 4/15/2019
    2012 DOJ publication by James G. Quintiere, Justin T. Warden, Stephen M. Tamburello, and Thomas E. Minnich that addresses the principles of spontaneous ignition and its potential role as the cause and origin of a fire.
  • Thermal Properties Database, 4/15/2019
    2012 DOJ publication by Arnaud Trouve’ and Thomas Minnich. This publication explains the Burning Item Database which describes the burning characteristics of common household and office items.
  • Trial by Fire: Did Texas execute an innocent man?, 4/15/2019
    This New Yorker article by David Grann provides and in depth investigation of the flaws in the Cameron Todd Willingham case.
  • USFA Fire Burn Pattern Tests, 4/15/2019
    This 1997 study by FEMA and the US Fire Administration found that ventilation and flashover may change or move patterns making correct interpretation of the pattern more difficult. Flashover was found in a majority of test fires and did obscure patterns including patterns from ignitable liquids.

Bite Mark

  • Additional bite mark articles, 4/16/2019
    The bibliographies (here and here) contain citations to published articles on bite mark analysis. If you need access to these articles, contact Sarah Rackley Olson.
  • American Board of Forensic Odontology (ABFO) Reference Manual, 4/16/2019
    As of 2016, the ABFO Standards and Guidelines no longer permit conclusions of “exact match” or that a perpetrator made a mark without a doubt. This marks a significant change in the field. The strongest conclusion permissible now is that a person is “not excluded as having made the bitemark.” See p. 94 and 102. …
  • Cases Where DNA Revealed that Bite Mark Analysis Led to Wrongful Arrests and Convictions, 4/16/2019
    Article by the Innocence Project identifying concerns with bite mark analysis and discussing five cases where individuals were convicted based largely on bite mark analysis, only to be proven innocent through DNA years later.
  • Criminal Law – Expert Testimony on Bite Marks, 1/1/1981
    A law review article on State v. Temple, 302 N.C. 1 (1981) where the NC Supreme Court held that testimony regarding bite marks identification analysis is admissible as long as the trial court can verify the scientific methods used were accurate and reliable. Includes a summary of the case, background, and an analysis of the …
  • Digital Rectification and Resizing Correction of Photographic Bite Mark Evidence, 7/16/2001
    FBI report on bite mark photographic distortion and corrective measures, using a description of methods used in the analysis of bite mark evidence from a 1973 homicide case that was prosecuted in 2000.
  • National Academy of Sciences Report, 4/16/2009
    See pp. 173-176 for the National Research Council’s evaluation of forensic odontology. The report finds “there is continuing dispute over the value and scientific validity of comparing and identifying bite marks.” p. 173. The report lists the following concerns: “Bite marks on the skin will change over time”; Bite marks “can be distorted by the elasticity …
  • OSAC Registry Approved Standards, 9/2/2020, NIST
    The Organization of Scientific Area Committees for Forensic Evidence (OSAC) develops documentary standards for forensics through a standards developing organization or other consensus-based process that allows for participation and comment from relevant stakeholders. Standards under consideration as well as approved standards are available in the OSAC Registry. Standards are being developed for each forensic discipline.
  • PCAST Report, 9/1/2016
    The 2016 President’s Council of Advisors on Science and Technology Report concluded that “bitemark analysis does not meet scientific standards for foundational validity, and is far from meeting such standards. To the contrary, available scientific evidence strongly suggests that examiners cannot consistently agree on whether an injury is a human bitemark and cannot identify the …
  • The path forward on bite mark matching – and the rearview mirror, 2/1/2015
    4-part Washington Post series on the flawed “science” of bite mark analysis

Blood and Bodily Fluids

  • AAFS Standards Board Documents, 8/18/2020
    The American Academy of Forensic Sciences Standards Board develops documentary standards for forensics through a consensus process, involving participation by all directly and materially affected persons. The standards that have been published are available on the ASB website. Standards are being developed for each forensic discipline.
  • OSAC Registry Approved Standards, 9/2/2020, NIST
    The Organization of Scientific Area Committees for Forensic Evidence (OSAC) develops documentary standards for forensics through a standards developing organization or other consensus-based process that allows for participation and comment from relevant stakeholders. Standards under consideration as well as approved standards are available in the OSAC Registry. Standards are being developed for each forensic discipline.

Child Abuse Allegations

Crime Labs

  • AAFS Standards Board Documents, 8/18/2020
    The American Academy of Forensic Sciences Standards Board develops documentary standards for forensics through a consensus process, involving participation by all directly and materially affected persons. The standards that have been published are available on the ASB website. Standards are being developed for each forensic discipline.
  • An Independent Review of the SBI Forensic Laboratory, 3/1/2010
    Chris Swecker and Michael Wolf were retained by the NC Attorney General’s Office to conduct an independent review of the Forensic Biology Section of the SBI Crime Laboratory. The investigation began in March 2010 and focuses on policies, procedures and practices between 1987 and 2003. The Appendix to the report contains a list of affected …
  • In Glowing Colors: Seeing the Spread of Drug Particles in a Forensic Lab, 4/22/2020, NIST
  • Ombudsman’s Report, 8/4/2011
    Report submitted by Judge Vince Rozier during his time as Ombudsman to the SBI. The document includes a memo by Judge Joseph John responding to the recommendations of the Ombudsman. The report was released by the SBI in Aug. 2011.
  • Strategic Plan for Improving the Medical Examiner System, 10/10/2001
    This 2001 report by the North Carolina Medical Examiner Study Group was requested by the legislature in part in response to a series of news articles that raised concerns about the quality of death investigation in North Carolina. The report provides information about the structure and responsiblities of the Medical Examiner system and makes a …

Crime Scene Investigation

  • AAFS Standards Board Documents, 8/18/2020
    The American Academy of Forensic Sciences Standards Board develops documentary standards for forensics through a consensus process, involving participation by all directly and materially affected persons. The standards that have been published are available on the ASB website. Standards are being developed for each forensic discipline.
  • Crime Scene Forensic Evidence Collection Guidelines For Defense Attorneys, 4/16/2011
    by John Louis Larsen and Daniel K. Harris, The Champion (NACDL) 28-35 (October 2011). A guide for defense attorneys for assessing whether law enforcement followed standardized evidence processing and collection guidelines, as per those promulgated by the FBI and DOJ.
  • Crime Scene Investigation: A Guide for Law Enforcement (2013), 4/16/2013
    Developed by the National Forensic Science Technology Center and is available for free download.
  • Crime Scene Investigation: A Reference for Law Enforcement Training (2004), 4/16/2004
    U.S. Department of Justice, National Institute of Justice. A guide designed to accompany the general crime scene guide. Provides step-by-step procedures for each phase of crime scene investigation. Provides more specific procedures than the general guide does for some topics.
  • Death Investigation: A Guide for the Scene Investigator (2011), 4/16/2011
    U.S. Department of Justice, National Institute of Justice. A best-practices guide for death scene investigators produced by the National Medicolegal Review Panel, an independent multidisciplinary group of both international and national organizations whose constituents are responsible for investigating death.
  • Shooting-Incident Reconstruction Within a Room, 4/16/2010
    by John Louis Larsen, 8 Evidence Tech. Mag. 14-17 (July-August 2010). Provides protocols for documenting a bullet-hole entry and for event reconstruction.
  • The Biological Evidence Preservation Handbook: Best Practices for Evidence Handlers, 4/16/2013
    2013 NIST handbook offers guidance for individuals involved in the collection, examination, tracking, packaging, storing and disposition of biological evidence
  • The Handbook of Forensic Services (revised 2013), 4/16/2013
    U.S. Department of Justice, FBI Laboratory Division. Provides guidance and procedures for methods of collecting, preserving, packaging, and shipping evidence and describes the forensic examinations performed by the FBI’s Laboratory Division and Operational Technology Division.

Death Investigation

  • A Fly for the Prosecution – How Insect Evidence Helps Solve Crimes, 4/16/2000
    Review of book by M. Lee Goff that uses case studies to explain the process by which different species of bugs break down decomposing bodies.
  • A Guide for Manner of Death Classification (2002), 4/16/2002
    National Association of Medical Examiners. Drafted to improve uniformity in manner of death determinations for death certificates. View additional position papers and accreditation information on the NAME website.
  • AAFS Standards Board Documents, 8/18/2020
    The American Academy of Forensic Sciences Standards Board develops documentary standards for forensics through a consensus process, involving participation by all directly and materially affected persons. The standards that have been published are available on the ASB website. Standards are being developed for each forensic discipline.
  • Death Investigation: A Guide for the Scene Investigator (2011), 4/16/2011
    U.S. Department of Justice, National Institute of Justice. A best-practices guide for death scene investigators produced by the National Medicolegal Review Panel, an independent multidisciplinary group of both international and national organizations whose constituents are responsible for investigating death.
  • Drug-Induced Homicide Defense Toolkit, 12/18/2019
    The Health In Justice Action Lab of the Northeastern University School of Law has created a toolkit for attorneys defending death by distribution of drugs. This toolkit will be useful to defenders in handling charges of this sort in NC, both for the old murder by distribution and the new death by distribution.
  • Field Documentation of Unusual Post-Mortem Arthropod Activity on Human Remains, 1/15/2015
  • National Academy of Sciences Report, 4/16/2009
    See pp. 241-268 for the National Research Council’s assessment of the disciplines of forensic pathology and death investigation.
  • OSAC Registry Approved Standards, 9/2/2020, NIST
    The Organization of Scientific Area Committees for Forensic Evidence (OSAC) develops documentary standards for forensics through a standards developing organization or other consensus-based process that allows for participation and comment from relevant stakeholders. Standards under consideration as well as approved standards are available in the OSAC Registry. Standards are being developed for each forensic discipline.
  • Post Mortem: Death Investigation in America, 4/16/2014
    Investigative series compiled by Pro Publica, in partnership investigation with NPR and Frontline that looks at the nation’s 2,300 coroner and medical examiner offices and reports on problems identified with the system.
  • Strategic Plan for Improving the Medical Examiner System, 10/10/2001
    2001 report by the North Carolina Medical Examiner Study Group was requested by the legislature in part in response to a series of news articles that raised concerns about the quality of death investigation in North Carolina. The report provides information about the structure and responsibilities of the Medical Examiner system and makes a number …
  • Strategic Plan for Improving the Medical Examiner System, 10/10/2001
    This 2001 report by the North Carolina Medical Examiner Study Group was requested by the legislature in part in response to a series of news articles that raised concerns about the quality of death investigation in North Carolina. The report provides information about the structure and responsiblities of the Medical Examiner system and makes a …
  • The Handbook of Forensic Services (revised 2013), 4/16/2013
    U.S. Department of Justice, FBI Laboratory Division. Provides guidance and procedures for methods of collecting, preserving, packaging, and shipping evidence and describes the forensic examinations performed by the FBI’s Laboratory Division and Operational Technology Division.

Detection Dogs

  • AAFS Standards Board Documents, 8/18/2020
    The American Academy of Forensic Sciences Standards Board develops documentary standards for forensics through a consensus process, involving participation by all directly and materially affected persons. The standards that have been published are available on the ASB website. Standards are being developed for each forensic discipline.
  • Detector Dogs and Probable Cause, 4/16/2006
    Richard E. Myers II, 14 Geo. Mason L. Rev. 1 (2006) – argues that an alert by even a well-trained dog with an exceptional track record cannot by itself constitute probable cause to search. Includes a statistical analysis of the value of dog alerts and suggestions for improved use of detector dogs.
  • General Guidelines for Training, Certification, and Documentation of Canine Detection Disciplines, 2/28/2020
    ANSI/ASB Standard 088, First Edition 2020
  • Handler beliefs affect scent detection dog outcomes, 4/16/2011
    Lisa Lit etal, 14:3 Anim Cogn 387(2011) – researchers evaluated eighteen drug and/or explosive detection dog/handler teams to determine how human beliefs affect detector dog outcomes.
  • OSAC Registry Approved Standards, 9/2/2020, NIST
    The Organization of Scientific Area Committees for Forensic Evidence (OSAC) develops documentary standards for forensics through a standards developing organization or other consensus-based process that allows for participation and comment from relevant stakeholders. Standards under consideration as well as approved standards are available in the OSAC Registry. Standards are being developed for each forensic discipline.
  • USDA National Detector Dog Manual, 4/16/2019
    Guidelines for detector dog training, procedures, and care. Failure of a dog/handler team to implement these national-level guidelines may be a source of cross examination.

Digital Evidence

  • Are There Really Flaws in Cell Phone Location Evidence?, 10/23/2019
    Blog post by Larry Daniel, Spencer McInvaille, and Eric Grabski addressing the potential for flaws in cell phone location evidence when mapping software is used and other issues with cell tower evidence.
  • Digital Evidence in the Courtroom: A Guide For Law Enforcement and Prosecutors, 1/17/2007
    This fourth in a series of guides on digital (computer-related) evidence is addressed to law enforcement officers and prosecutors, as it focuses on key issues in the collection, management, preparation, and courtroom presentation of digital evidence.
  • Digital Evidence Subpoena Guide, 4/17/2019
    This guide contains addresses and phone/fax numbers for the legal departments/subpoena compliance centers of cellular providers and social media sites. Please be aware of 2014 Formal Ethics Opinion 7 when issuing subpoenas. John Rubin’s 2017 blog post on subpoenaing-of-state materials is available here. Email Sarah Rackley Olson if you have any corrections or updated information for the subpoena guide.
  • Forensic Examination of Digital Evidence: A Guide for Law Enforcement, 4/17/2004
    National Institute of Justice’s recommendations for how law enforcement and crime scene investigators should handle digital evidence. Evidence on cell phones or computers can be changed or destroyed if proper techniques are not used to forensically analyze the data. This guide may be used to cross examine law enforcement officers who did not follow the …
  • Getting Facebook into Evidence, 4/17/2019
    This guide, prepared by Larry Daniel, provides information on the collection, preservation, and authentication of Facebook evidence from a digital forensics perspective.
  • Guide to Child Pornography Cases, 4/17/2019
    Larry Daniel addresses common issues with child pornography cases in this guide. Topics include what information an expert will need and what services an expert may be able to provide. Daniel provides an explanation of technical terms commonly used in these cases.
  • Guidelines on Mobile Device Forensics, 5/1/2014
    NIST has published these guidelines that establishes methods for preserving and processing digital information on mobile devices.
  • National Academy of Sciences Report, 4/17/2009
    See pp. 179-182 for the National Research Counsel’s evaluation of Digital and Multimedia Analysis.
  • NIJ Digital Evidence Policies and Procedures Manual, 5/27/2020, FTCOE
    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 in developing manuals of their own. The manual contains procedures for handling and retaining digital evidence, information about what should be documented in lab reports, and …
  • OSAC Registry Approved Standards, 9/2/2020, NIST
    The Organization of Scientific Area Committees for Forensic Evidence (OSAC) develops documentary standards for forensics through a standards developing organization or other consensus-based process that allows for participation and comment from relevant stakeholders. Standards under consideration as well as approved standards are available in the OSAC Registry. Standards are being developed for each forensic discipline.
  • Preparing Testimony about Cellebrite UFED in a Daubert or Frye Hearing, 4/22/2020, Cellebrite
    This manual is designed to help attorneys prepare themselves and their witnesses for Daubert or related challenges to the admissibility of Cellebrite UFED-extracted mobile device evidence. It contains sample voir dire questions.
  • Prosecutors’ use of mobile phone tracking is ‘junk science,’ critics say, 6/1/2013
    by Aaron Blank, XVIII RICH. J.L. & TECH. 3 (2011). Discusses how a cellular network works, how a cell phone tracks its location, limitations on cell site data as a tracking method, admissibility of cell site data, and constitutional implications for seizure of cell site data. Provides practical suggestions concerning admission and exclusion of this …
  • Retention Periods of Major Cellular Service Providers, 4/17/2019
    The Computer Crime and Intellectual Property Section of the U.S. Department of Justice gathered information about the retention periods for call details, cell tower information, text message content, pictures, and other types of data. This information has been posted online by the ACLU.
  • Social Media Law Enforcement Guides, 4/17/2019
    The Electronic Frontier Foundation received a number of guides regarding information that is maintained by various social networking sites and how to request that information. The guides are posted on their website, under the “documents” tab, scroll down to Social Media Law Enforcement Guides.

DNA

  • AAFS Standards Board Documents, 8/18/2020
    The American Academy of Forensic Sciences Standards Board develops documentary standards for forensics through a consensus process, involving participation by all directly and materially affected persons. The standards that have been published are available on the ASB website. Standards are being developed for each forensic discipline.
  • American Bar Association Standards on DNA Evidence, 12/16/2018
    Standards and best practices for the collection, preservation, and testing of DNA evidence and for its use at trial, published in 2018.
  • Application of Low Copy Number DNA Profiling, 1/1/2001
    by Peter Gill, Croatian Medical Journal (2001). This 4-page article describes considerations that must be taken into account with Low Copy number (LCN) DNA, including allele dropout and the possibility of contamination. Low Copy number DNA analysis allows a DNA profile to be obtained from just a few cells.
  • Communicating Statistical DNA Evidence, 1/1/2003
    by Samuel Lindsey etal. Jurimetrics 43 (2003). This article presents what DNA analyses can and cannot reveal and a way to improve judges’ and jurors’ understanding of evidence involving probabilities and statistics.
  • DNA Audit Summary, 4/16/2019
    The NC State Crime Laboratory has posted its DNA Section Audit Reports (1999-2018). If you would like a summary of these audits, with issues that may be relevant to casework highlighted, email Sarah Rackley Olson.
  • DNA for the Defense Bar, 4/16/2012
    This manual for defense attorneys was written by a group of experienced defense attorneys and DNA experts. Its approach to basic and advanced topics is easy to understand. In addition to explaining the science and techniques of DNA analysis, the manual offers advice on topics such as opening and closing statements, jury selection, and cross …
  • DNA Mixtures: A Forensic Science Explainer, 4/4/2019
    NIST has created this document to explain why DNA mixture interpretation can be so complex and to explain how likelihood ratios and probabilistic genotyping software can assist with interpreting complex mixtures.
  • Fallible DNA evidence can mean prison or freedom, 8/11/2010
    by Linda Geddes, New Scientist, August 11, 2010 – gives an explanation of how subjectivity and bias affect DNA analysis. Discusses issues such as partial profiles, allelic drop-out and drop-in, mixtures, and thresholds for analysis.
  • Forensic DNA Analysis: A Primer for Courts, 11/1/2017
    In Nov. 2017, the Royal Society published this primer to assist the UK judiciary when handling DNA and serology evidence in the courtroom. The primer provides a good introduction to forensic DNA analysis, including a description of different types of DNA mixture interpretation software.
  • Forensic DNA Statistics: Still Controversial In Some Cases, 12/1/2012
    by William C. Thompson, Laurence D. Mueller, and Dan E. Krane. The Champion, Dec. 2012. This article is a must-read for attorneys dealing with cases with DNA evidence. The authors show how subjectivity and bias may play a role in DNA analysis, particularly in cases involving very small amounts of DNA, partial profiles, or mixtures.
  • Forensic Trace DNA: A Review, 1/1/2010
    by Roland AH van Oorschot etal. Investigative Genetics (2010). In a very accessible way, this article describes issues associated with what is often called “touch DNA.” Topics covered include evidence collection, DNA extraction, amplification, profiling and interpretation of trace DNA samples.
  • Making Sense of Forensic Genetics, 4/16/2017
    This 2017 guide presents information about DNA forensics in a way that is accessible to both a general audience and legal professionals. It focuses on topics such as the context in which DNA evidence is discovered, DNA databases, statistics, and use of DNA to predict appearance or ancestry.
  • National Academy of Sciences Report, 4/16/2009
    See pp. 128-133 for the National Research Counsel’s description of the forensic use of Deoxyribonucleic acid
  • NIST Research Enables Enhanced DNA “Fingerprints”, 12/15/2016
    Starting Jan. 1, 2017, forensic labs that participate in the FBI’s National DNA Index System (NDIS) increased the number of genetic markers analyzed from 13 to 20. Analyzing an increased number of genetic markers will make the DNA profiles more compatible with international DNA searches and will decrease the likelihood of a random match of …
  • No Longer the Gold Standard: Probabilistic Genotyping is Changing the Nature of DNA Evidence in Criminal Trials, 6/26/2019
    Author: Bess Stiffelman Esq.
  • OSAC Registry Approved Standards, 9/2/2020, NIST
    The Organization of Scientific Area Committees for Forensic Evidence (OSAC) develops documentary standards for forensics through a standards developing organization or other consensus-based process that allows for participation and comment from relevant stakeholders. Standards under consideration as well as approved standards are available in the OSAC Registry. Standards are being developed for each forensic discipline.
  • The Potential for Error in Forensic DNA Testing (and How That Complicates the Use of DNA Databases for Criminal Identification, 1/1/2008
    by William C. Thompson, for the Council for Responsible Genetics (2008) – discusses how false incriminations can occur in forensic DNA testing, including coincidental DNA profile matches, accidental transfer of DNA, errors in labeling of samples, and misinterpretation of test results.
  • Weak DNA evidence could undermine justice, experts say, 7/12/2015
    Chicago Tribune article uses a case example to demonstrate the dangers of using DNA evidence that has very little probative value. New technology is allowing DNA analysis to be performed on very small amounts of DNA which may generate incomplete genetic profiles that may or may not be meaningful in a case.

Drug Analysis

  • Drug-Induced Homicide Defense Toolkit, 12/18/2019
    The Health In Justice Action Lab of the Northeastern University School of Law has created a toolkit for attorneys defending death by distribution of drugs. This toolkit will be useful to defenders in handling charges of this sort in NC, both for the old murder by distribution and the new death by distribution.
  • In Glowing Colors: Seeing the Spread of Drug Particles in a Forensic Lab, 4/22/2020, NIST
  • National Academy of Sciences Report, 1/1/2009
    See pp. 133-136 for the National Research Counsel’s assessment of the analysis of controlled substances.
  • OSAC Registry Approved Standards, 9/2/2020, NIST
    The Organization of Scientific Area Committees for Forensic Evidence (OSAC) develops documentary standards for forensics through a standards developing organization or other consensus-based process that allows for participation and comment from relevant stakeholders. Standards under consideration as well as approved standards are available in the OSAC Registry. Standards are being developed for each forensic discipline.

Drug Recognition Experts

Eyewitness ID

  • DOJ Memorandum – Eyewitness Identification: Procedures for Conducting Photo Arrays, 1/1/2014
    2017 memo from the US DOJ which endorses the 2014 NAS Report, Identifying the Culprit: Assessing Eyewitness ldentification, stating: “The heads of the Department’s law enforcement components should review these procedures and, to the extent necessary, update their own internal policies to ensure that they are consistent with the procedures described in this document. In …
  • Eyewitness Evidence A Guide for Law Enforcement, 10/1/1999
    1999 US DOJ guide developed by the Technical Working Group for Eyewitness Evidence. Law enforcement should be aware of these best practices.
  • Identifying the Culprit Assessing Eyewitness Identification (2014), 10/1/2014
    The National Academy of Sciences issued a landmark report evaluating the scientific research on memory and eyewitness identification in October 2014. The report provides recommendations for improving police identification procedures and for how courts should handle eyewitness evidence. The report is available for purchase or free download.
  • Procedures for Challenging Eyewitness Identification Evidence, 4/22/2019
    Attorneys considering challenging eyewitness identification should consult Chapter 3 of Alyson A. Grine & Emily Coward, Raising Issues of Race in North Carolina Criminal Cases. The chapter provides detailed information on motions to suppress, voir dire of witnesses, jury voir dire, working with experts, cross-examination, and other topics.
  • Reevaluating Lineups: Why Witnesses Make Mistakes, 4/22/2019
    Innocence Project report showing that misidentification causes more wrongful convictions than any other factor. Misidentifications contributed to wrongful convictions of more than 75% of the over 230 people exonerated through post-conviction DNA testing.
  • Technical Working Group for Eyewitness Evidence, 4/22/2019
  • The Relationship Between Eyewitness Confidence and Identification Accuracy: A New Synthesis, 3/1/2017
    John T. Wixted and Gary L. Wells published this article in Mar. 2017 finding that eyewitness confidence and accuracy are strongly related in pristine lineup conditions. Where lineup conditions are non-pristine, accuracy of even a high confidence suspect ID is seriously compromised. Pristine line-up procedures include using only one suspect per lineup; the suspect should …

Fingerprints

  • AAFS Standards Board Documents, 8/18/2020
    The American Academy of Forensic Sciences Standards Board develops documentary standards for forensics through a consensus process, involving participation by all directly and materially affected persons. The standards that have been published are available on the ASB website. Standards are being developed for each forensic discipline.
  • Approved ULTR for the Forensic Latent Print Discipline, 6/19/2020, USDOJ
    Effective Aug. 15, 2020 In the fingerprint Uniform Language for Testimony and Reports (ULTR), the new guidance for Department of Justice fingerprint examiners includes: [A]n examiner shall not: assert that a ‘source identification’ or a ‘source exclusion’ conclusion is based on the ‘uniqueness’ of an item of evidence. use the terms ‘individualize’ or ‘individualization’ when …
  • Forensic Science Assessments: A Quality and Gap Analysis – Latent Fingerprint Examination, 9/15/2017
    The 2017 American Association for the Advancement of Science (AAAS) Forensic Science Assessments: A Quality and Gap Analysis – Latent Fingerprint Examination found that while latent fingerprint examiners can successfully rule out most of the population from being the source of a latent fingerprint based on observed features, insufficient data exist to determine how unique fingerprint features …
  • Inspector General’s Report on the FBI Mayfield Error, 3/1/2006
    A review of the FBI’s handling of the Brandon Mayfield case (March 2006). The Office of the Inspector General focuses on the causes of the fingerprint misidentification in the Mayfield case and proposes possible solutions to prevent future fingerprint analysis errors. The enormous size of the IAFIS database and the power of the IAFIS program …
  • National Academy of Sciences Report, 1/1/2009
    See pp. 136-150 for the National Research Council’s assessment of the discipline of fingerprint analysis. The 2009 NAS Report cited “a thorough analysis of the ACE-V method” that concluded: “‘We have reviewed available scientific evidence of the validity of the ACE-V method and found none.'” pp. 142-143 (citation omitted).
  • NIJ Fingerprint Sourcebook, 1/1/2015
    This National Institute of Justice publication was prepared by SWGFAST in 2011. All 15 chapters are available for free online. This publication sets standards for fingerprint identification and addresses issues such as bias and reliability of the technique
  • OSAC Registry Approved Standards, 9/2/2020, NIST
    The Organization of Scientific Area Committees for Forensic Evidence (OSAC) develops documentary standards for forensics through a standards developing organization or other consensus-based process that allows for participation and comment from relevant stakeholders. Standards under consideration as well as approved standards are available in the OSAC Registry. Standards are being developed for each forensic discipline.
  • OSAC’s Friction Ridge Subcommittee Develops Friction Ridge Process Map, 12/12/2019, NIST
    The Organization of Scientific Area Committees (OSAC) for Forensic Science’s Friction Ridge Subcommittee has developed a friction ridge examination process map that describes the conventional process for latent print examination. The process map identifies key decision points in the fingerprint examination process, enables laboratory managers to better understand how their protocols compare with those of other laboratories, …
  • PCAST Report, 9/1/2016
    The 2016 President’s Council of Advisors on Science and Technology Report found that latent fingerprint analysis is a foundationally valid subjective methodology, but with a false positive rate that is substantial and is likely to be higher than expected by many jurors based on longstanding claims about the infallibility of fingerprint analysis. Conclusions of a …
  • Review of the FBI’s Progress Responding to the Recommendations from the Mayfield Case, 6/1/2011
    Five years after issuing recommendations regarding the fingerprint misidentification in the Mayfield case (March 2006), this report by the Office of the Inspector General examines the FBI’s progress implementing the recommendations. …the FBI Laboratory has adopted other measures intended to reduce the risk that an examiner’s ‘gut’ reaction might lead to an incorrect conclusion, including …

Firearms

  • Approved ULTR for the Forensic Firearms/Toolmarks Discipline – Pattern Match​, 6/20/2020, USDOJ
    Effective Aug. 15, 2020 In the firearm/toolmark pattern match Uniform Language for Testimony and Reports (ULTR), the new guidance for Department of Justice firearm examiners includes: [A]n examiner shall not: assert that a ‘source identification’ or a ‘source exclusion’ conclusion is based on the ‘uniqueness’ of an item of evidence. use the terms ‘individualize’ or …
  • Ballistic Imaging, 1/1/2008
    The National Academies Press, 2008. Provides information about the range of acceptable conclusions in this field, as well as the lack of error rate and subjectivity of the comparison techniques.
  • May 6, 2013 DOJ Letter, 5/6/2013
    Letter from the DOJ regarding the results of a US DOJ and FBI review of lab reports and testimony of FBI lab examiners in the Willie Manning case finds that testimony stating that a specific gun fired a specific bullet “to the exclusion of all other guns in the world” is not scientifically supported.
  • National Academy of Sciences Report, 1/1/2009
    See pp. 150-155 for the National Research Counsel’s assessment of the discipline of Toolmark and Firearms Identification.
  • PCAST Report, 1/1/2016
    The 2016 PCAST Report found that “firearms analysis currently falls short of the criteria for foundational validity, because there is only a single appropriately designed study to measure validity and estimate reliability. The scientific criteria for foundational validity require more than one such study, to demonstrate reproducibility. Whether firearms analysis should be deemed admissible based on …

Forensic/Sexual Assault Exams

Foundations of Forensics

  • AAFS Standards Board Documents, 8/18/2020
    The American Academy of Forensic Sciences Standards Board develops documentary standards for forensics through a consensus process, involving participation by all directly and materially affected persons. The standards that have been published are available on the ASB website. Standards are being developed for each forensic discipline.
  • American Academy of Forensic Sciences, Journal of Forensic Sciences, Vol. 45-56 (2000-2011)., 4/26/2019
  • An Independent Review of the SBI Forensic Laboratory, 3/1/2010
    Chris Swecker and Michael Wolf were retained by the NC Attorney General’s Office to conduct an independent review of the Forensic Biology Section of the SBI Crime Laboratory. The investigation began in March 2010 and focuses on policies, procedures and practices between 1987 and 2003. The Appendix to the report contains a list of affected …
  • Forensic Crime Labs: Scrutinizing Results, Audits and Accreditation, 1/1/2004
    by Frederic Whitehurst, 2004. This 2-part article provides a checklist of items to request in discovery from a forensic lab and explains the significance of each item. NACDL membership is required to access these articles.
  • Forensic Handwriting Examination and Human Factors: Improving the Practice Through a Systems Approach, 2/19/2020, NIST
    NIST convened the Expert Working Group for Human Factors in Handwriting Examination to recommend ways to improve the practice and reduce the likelihood of errors. The Group’s report discusses human factors as they relate to all aspects of handwriting examination, including communicating conclusions through reports and testimony. The report also discusses education, training, certification, and …
  • Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods, 9/1/2016
    The President’s Council of Advisors on Science and Technology issued a report (known as the PCAST report) in September 2016. This report assesses the scientific validity and reliability of some important forms of forensic evidence and of testimony. In Jan. 2017, PCAST published an addendum to their report which is available here.
  • Forensic Science: Why No Research?, 9/10/2011
    by Paul C. Giannelli. This paper addresses the scientific, law enforcement and legal reasons for a lack of research across many forensic disciplines from a historical perspective as well as in light of the National Academy of Sciences’ report. Click on “one-click download” to view the full text article.
  • Invalid Forensic Science Testimony and Wrongful Convictions, 5/1/2009
    by Brandon Garrett and Peter Neufeld, Virginia Law Review, Vol. 95, No. 1 (2009) – a study of the forensic science testimony by prosecution experts in the trials persons later exonerated by post-conviction DNA testing.
  • No Longer the Gold Standard: Probabilistic Genotyping is Changing the Nature of DNA Evidence in Criminal Trials, 6/26/2019
    Author: Bess Stiffelman Esq.
  • Ombudsman’s Report, 8/4/2011
    Report submitted by Judge Vince Rozier during his time as Ombudsman to the SBI. The document includes a memo by Judge Joseph John responding to the recommendations of the Ombudsman. The report was released by the SBI in Aug. 2011.
  • Predicting and Preventing Wrongful Convictions, 1/1/2012
    NIJ-funded research that looked at 460 violent felonies between 1980 and 2012 to determine what factors led to a wrongful conviction of an innocent defendant instead of dismissal or acquittal. Factors identified by researchers include: a younger defendant, a criminal history, a weak prosecution case, prosecution withheld evidence, lying by a non-eyewitness, unintentional witness misidentification, …
  • Reference Manual on Scientific Evidence, Third Edition, 1/1/2011
    The National Resource Counsel authored this manual to assist judges in cases involving scientific and technical evidence. There are chapters on admissibility of expert testimony, DNA evidence, statistics, toxicology, medical testimony, and many more forensic topics.
  • Strenthening Forensic Science in the United States: A Path Forward, 2/1/2009
    2009 report by the National Academy of Sciences (known as the NAS Report) which found serious problems in forensic science research and practice and recommended an overhaul of the current structure that supports the forensic science community.
  • The Need for a Research Culture in the Forensic Sciences, 1/1/2011
    by Jennifer L. Mnookin, Simon A. Cole, Itiel E. Dror, Barry A. J. Fisher, Max M. Houck, Keith Inman, David H. Kaye, Jonathan J. Koehler, Glenn Langenburg, D. Michael Risinger, Norah Rudin, Jay Siegel, and David A. Stoney. Explores to what extent forensic sciences need to change to develop a well-established scientific foundation. Finds that …

Handwriting Analysis

  • AAFS Standards Board Documents, 8/18/2020
    The American Academy of Forensic Sciences Standards Board develops documentary standards for forensics through a consensus process, involving participation by all directly and materially affected persons. The standards that have been published are available on the ASB website. Standards are being developed for each forensic discipline.

Mental Health

Toxicology

  • AAFS Standards Board Documents, 8/18/2020
    The American Academy of Forensic Sciences Standards Board develops documentary standards for forensics through a consensus process, involving participation by all directly and materially affected persons. The standards that have been published are available on the ASB website. Standards are being developed for each forensic discipline.
  • Drug Testing in a Drug Court Environment: Common Issues to Address, 4/26/2019
    Department of Justice article regarding issues raised by drug court programs regarding drug testing.
  • Drug-Induced Homicide Defense Toolkit, 12/18/2019
    The Health In Justice Action Lab of the Northeastern University School of Law has created a toolkit for attorneys defending death by distribution of drugs. This toolkit will be useful to defenders in handling charges of this sort in NC, both for the old murder by distribution and the new death by distribution.
  • Guide for Interpreting Toxicology Results, 4/26/2019
    Available from the NC Office of the Chief Medical Examiner
  • Marijuana-Impaired Driving A Report to Congress, 7/4/2017, NHTSA
    July 2017 NHTSA report – The report describes the absorption, distribution and elimination of delta-9-tetrahydrocannabinal (THC) the primary psychoactive substance in marijuana, in the body. It contrasts this process with the absorption, distribution and elimination of alcohol in the body, as they are very different processes. The poor correlation of THC concentrations in the blood …
  • National District Attorney Association Resources, 4/26/2019
    This National District Attorney Association has these and other guides for prosecutors available on their website: Cross-Examination for Prosecutors The Drug Evaluation and Classification (DEC) Program Drug Toxicology for Prosecutors Hardcore Drunk Driving Prosecutorial Guide: A Resource Outlining Prosecutorial Challenges, Effective Strategies and Model Programs Horizontal Gaze Nystagmus—The Science and the Law: A Resource Guide …
  • NHTSA Drug and Human Performance Fact Sheets, 4/1/2004
    The National Highway Traffic Safety Administration offers information about the effects of impairing substances.
  • NHTSA Training Manuals, 4/26/2019
    The Washington State Patrol has posted the following manuals online: DWI Detection and Standardized Field Sobriety Testing, DRE, and Advanced Roadside Impaired Driving Enforcement (ARIDE). These manuals are available for download.
  • OSAC Registry Approved Standards, 9/2/2020, NIST
    The Organization of Scientific Area Committees for Forensic Evidence (OSAC) develops documentary standards for forensics through a standards developing organization or other consensus-based process that allows for participation and comment from relevant stakeholders. Standards under consideration as well as approved standards are available in the OSAC Registry. Standards are being developed for each forensic discipline.
  • Therapeutic and toxic blood concentrations of nearly 1,000 drugs and other xenobiotics, 1/1/2014
    This 2014 article lists the therapeutic, toxic, and fatal blood drug concentration levels for many controlled and non-controlled substances.
  • Winek’s Drug & Chemical Blood-Level Data, 1/1/2001
    Reference cited by the NC State Crime Laboratory. Provides the normal, therapeutic, toxic, and lethal blood level for various drugs and their metabolites.

Trace Evidence

  • OSAC Registry Approved Standards, 9/2/2020, NIST
    The Organization of Scientific Area Committees for Forensic Evidence (OSAC) develops documentary standards for forensics through a standards developing organization or other consensus-based process that allows for participation and comment from relevant stakeholders. Standards under consideration as well as approved standards are available in the OSAC Registry. Standards are being developed for each forensic discipline.
  • Without a Trace? Advances in Detecting Trace Evidence, 9/12/2020, NIJ
    Currently, law enforcement has no accurate way to match the glass shards or coated hair to known samples, and locating tiny particles of explosive material or body fluids might be difficult or impossible. But all that’s about to change, as new and improved techniques for detecting and distinguishing trace evidence—minute quantities of materials such as …