The Forensic Science Scandal?

[The Minsky Moment]

There was some discussion here about the guy in Texas who was executed in 2004, primarily on the basis of "expert" arson testimony that turned out to be inaccurate folk wisdom.  The arson investigator in that case testified in hundreds of cases (always concluding arson).  Earlier this week, a commission set up to investigate forensic practices in Texas crime labs published a dozen allegations and complaints currently under investigation alleging improper procedures at large and highly regarded labs within the state.  The allegations are not proven and are still under investigation, but the raise serious question about the quality of the forensic science used in the state criminal courts.

It is tempting to view this as just a Texas problem, but similar issues were raised in NY when a prominent New York state forensic scientist committed suicide a little over a year ago, leaving notes confessing to failures to follow protocols.  The state agency investigating the incident published its report last month, indicating that over the course of many years, the forensic scientist in question had simply failed to perform required tests, and fraudulently reported results in at least hundreds of cases.

Beyond the issue of outright fraud (which can be difficult to detect), the National Academy of Sciences published a report last year that detailed serious weaknesses in forensic practices and procedures nationwide - highlighting the lack of standards in the field, lack of mandatory accreditation, and the strong incentives towards bias.   The NAS report also noted serious problems in the scientific accuracy and reliability of commonly used forensic techniques (familiar to TV viewers everywhere) such as latent fingerprint examinations, handwriting analysis, and ballistics identifications.

There are already signs that the NAS report is being taking seriously by the courts - in a Supreme Court decision last term holding that forensic evidence had to be admitted through live witness testimony, Justice Scalia - not usually known as a champion of criminal defendants - quoted extensively from some of the more eyebrow-raising portions of the report:

Nor is it evident that what respondent calls "neutral scientific testing" is as neutral or as reliable as respondent suggests. Forensic evidence is not uniquely immune fromthe risk of manipulation. According to a recent study conducted under the auspices of the National Academy of Sciences, "[t]he majority of [laboratories producing foren-sic evidence] are administered by law enforcement agen-cies, such as police departments, where the laboratoryadministrator reports to the head of the agency." National Research Council of the National Academies, Strengthen-ing Forensic Science in the United States: A Path Forward 6–1 (Prepublication Copy Feb. 2009) (hereinafter NationalAcademy Report). And "because forensic scientists often are driven in their work by a need to answer a particularquestion related to the issues of a particular case, theysometimes face pressure to sacrifice appropriate method-ology for the sake of expediency." Id., at S–17. A forensic analyst responding to a request from a law enforcementofficial may feel pressure—or have an incentive—to alter the evidence in a manner favorable to the prosecution.
. . . .
Serious deficiencies have been found in the forensic evi-dence used in criminal trials. One commentator asserts that "[t]he legal community now concedes, with varyingdegrees of urgency, that our system produces erroneousconvictions based on discredited forensics." Metzger,Cheating the Constitution, 59 Vand. L. Rev. 475, 491(2006). One study of cases in which exonerating evidence resulted in the overturning of criminal convictions con-cluded that invalid forensic testimony contributed to the convictions in 60% of the cases. Garrett & Neufeld, Inva-lid Forensic Science Testimony and Wrongful Convictions,95 Va. L. Rev. 1, 14 (2009). And the National Academy Report concluded:
"The forensic science system, encompassing both re-search and practice, has serious problems that can only be addressed by a national commitment to over-haul the current structure that supports the forensic science community in this country." National Acad-emy Report P–1 (emphasis in original).

With gadfly organizations like the Innocence Project taking an increasing public role, it can be expected that more revelations about deficiencies in state crime labs will be forthcoming, to the consternation of strixes everywhere.

[Razgovory]

The plural of Strix is Stirges I think.

[Malthus]

There was a major case of this in Ontario, leading to a huge official inquiry:

http://www.goudgeinquiry.ca/

BB is the expert on this. In a nutshell, Dr. Smith was a pathologist extensively relied on as an expert witness in cases of child fatality, and he had a tendancy to find evidence of murder ... leading, allegedly, to numerous wrongful convictions. 

I'd like to say he just pulled the evidence out of his ass, but I'm sure if I do, BB will correct me. 

[Barrister]

Malthus beat me to the link by seconds.

[Barrister]

But yeah, when I saw the thread title I assumed it was about Dr. Smith.  It's a shame Americans can be so parochial at times.

And yes, Dr. Smith didn't invent evidence out of whole cloth, however it now appears he drew conclusions from the available evidence that were not warranted or supported by the scientific consensus.

[The Minsky Moment]

They have murders  . . . in Canada?!?!?!  That occur outside hockey rinks?

I refuse to believe it.

[Barrister]

They have murders  . . . in Canada?!?!?!  That occur outside hockey rinks?

I refuse to believe it.

Well to be fair, after the Goudge Inquiry we have a few less murders than we thought we had.

[Malthus]

They have murders  . . . in Canada?!?!?!  That occur outside hockey rinks?

I refuse to believe it.

Well to be fair, after the Goudge Inquiry we have a few less murders than we thought we had.

Only because babies typically do not play hockey ...

[Savonarola]

Detroit's crime lab was so fraught with errors that it had to be shut down:

http://www.usatoday.com/news/nation/2008-09-25-crime-lab_N.htm

[Ed Anger]

Detroit's crime lab was so fraught with errors that it had to be shut down:

http://www.usatoday.com/news/nation/2008-09-25-crime-lab_N.htm

Gil Grissom wouldn't tolerate that.

[Savonarola]

Gil Grissom wouldn't tolerate that.

There's no CSI: Detroit   

[Josephus]

They have murders  . . . in Canada?!?!?!  That occur outside hockey rinks?

I refuse to believe it.

Well to be fair, after the Goudge Inquiry we have a few less murders than we thought we had.

And we still keep our igloos unlocked at night. 

[Ed Anger]

Gil Grissom wouldn't tolerate that.

There's no CSI: Detroit   

A multi-part series would be needed for Kwame's receipts and kickbacks.

[Barrister]

They have murders  . . . in Canada?!?!?!  That occur outside hockey rinks?

I refuse to believe it.

Well to be fair, after the Goudge Inquiry we have a few less murders than we thought we had.

And we still keep our igloos unlocked at night. 

Speak for yourself.   

[Sheilbh]

I read about the Texas case.  Some newspaper or magazine did a big article on it - which I recommend, it's a story worth reading.