scholarly journals Forensic Science and Expert Testimony in Wrongful Convictions: A Study of Decision-Making at the Criminal Cases Review Commission

2018 ◽  
Vol 59 (4) ◽  
pp. 919-937 ◽  
Author(s):  
Carolyn Hoyle
2019 ◽  
pp. 115-140
Author(s):  
Carolyn Hoyle ◽  
Mai Sato

This chapter examines issues arising from cases that turn on forensic and expert evidence, focusing on how the Criminal Cases Review Commission investigates such applications and makes its decisions. Drawing on a sample of sixty-one cases involving forty-two applicants, the chapter shows how the Commission makes decisions in cases that ‘turn on’ forensic science and expert testimony. It also considers the influence of developments in the ‘surround’ of the Commission and how the surround affects the Commission's decision field — the broad setting within which decision-making at the Commission takes place. Finally, it analyses the role of decision frames in the Commission's decision-making on forensic and expert evidence cases, noting that such frames are characterised by uncertainty and even anxiety. Concerns about the interpretation and presentation of forensic evidence at trial are discussed, along with the legal and narrative frames of decision-making in forensic and expert evidence cases.


2019 ◽  
pp. 68-84
Author(s):  
Carolyn Hoyle ◽  
Mai Sato

This chapter examines the nature of applications for wrongful convictions that the Criminal Cases Review Commission receives and the kinds of issues raised by applicants. It highlights the potential flaws of applications presented to the Commission, such as those relating to investigations conducted by police and prosecutors. It also reviews the extant literature on the sources of wrongful conviction to explain the range of possible misconduct and legal, scientific, or human error that might lead to an applicant being wrongfully convicted, or to believing themselves to be so. A number of sex cases and ‘expert evidence’ cases are discussed to illustrate the fallibility of witnesses, vulnerable suspects, the fallibility of science and expert testimony, due process failures, and the pervasive influence of prejudice and fear. The chapter concludes with some reflections on the changing nature of wrongful convictions over the past decade or two.


2021 ◽  
Author(s):  
Sara Cowan

Alibis are a potentially powerful piece of evidence for innocence, but examination of criminal cases suggests that honestly offered alibis may fail to prevent wrongful convictions. Currently, little is known regarding how evaluators judge the credibility of alibis. Three studies investigated the effect of alibi moral desirability, suspect race (White/Indigenous Canadian), alibi evidence strength, and Authoritarianism on participants’ legal judgments. Participants read a fictitious police file (Experiment 1: N = 300; Experiment 2: N = 286) or newspaper article (Experiment 3: N =235) and rated a male suspect’s/defendant’s statement honesty, alibi accuracy, and the likelihood of his guilt, among other dependent measures, then completed the Authoritarianism-Conservatism-Traditionalism scale (ACT; Duckitt et al., 2010) and, in Experiment 3, the Revised Religious Life Inventory (Hills et al., 2005). In Experiments 1 and 2, participants were asked to sign a petition supporting the suspect. Results indicated that providing an alibi can be beneficial or detrimental to the suspect, depending on contextual factors and the narrative itself. In Experiments 1 and 2, alibi moral desirability affected participants’ responses, though different patterns emerged at Ryerson and at Iowa State, and moral desirability influenced judgments primarily for the Indigenous suspect. Consistent with Olson and Wells’ (2004) taxonomy, Experiment 1 showed that the strength of the physical evidence supporting an alibi is a primary determinant of judgments of its credibility. In Experiment 3, participants provided less favourable ratings for the Indigenous defendant than the White defendant, particularly when they already had more negative general feelings about Indigenous people, though this was not found in Experiment 2. More participants signed the petition when the alibi was morally desirable at Iowa State, and for the Indigenous suspect. Across all studies, higher scores on the ACT’s Authoritarianism subscale were associated with responses that were less favourable for the suspect/defendant, and many participants did not accurately define the term “alibi.” Understanding the complexities of decision-making in this context will help us better understand why some (honest) alibis are rejected, and how stereotypes and assumptions regarding the alibi provider may lead to bias in the investigation and adjudication of criminal cases.


Author(s):  
Iris Blandón-Gitlin ◽  
Amelia Mindthoff

In recognition of the role that false confessions play in wrongful convictions, it is recommended that criminal interrogations be video recorded from beginning to end to document the process by which suspects decide to confess. With a full video recording, it is assumed that jurors can see for themselves whether the defendant was coerced to confess to a crime he or she did not commit. Yet research suggests that video recording may in fact induce bias in interpretations of coercion and confession reliability, as factors like camera angles and close-ups can make confession evidence too vivid and persuasive. Without proper interpretation, even seemingly neutral recordings may unduly influence jurors’ decisions about confessions. This chapter reviews the literature on the usefulness of video-recorded interrogations in assisting jury decision-making, as well as the potential for procedural safeguards (e.g., expert testimony) to improve jurors’ understanding of the issues at hand.


2019 ◽  
pp. 308-338
Author(s):  
Carolyn Hoyle ◽  
Mai Sato

This concluding chapter summarises the book's key findings and examines the main cultural and structural influences on the Criminal Cases Review Commission's decision-making. It begins with a discussion of three significant changes to the Commission's ‘surround’: reductions in legal aid for defendants and appellants; growing evidence of non-disclosure of potentially exculpatory evidence by police and prosecution; and the declining reliability of forensic science evidence. The chapter then considers the critics' claim that the Commission's referral rate is too low and how this raises concerns about access to justice, along with developments in the surround in relation to the ‘field’ and the ‘frame’. It also analyses variability in the Commission's response to cases and its relationship with various ‘stakeholders’. Finally, it looks at the notion that the Commission is too ‘deferential’ to the Court of Appeal when it comes to making decisions about which cases meet the ‘real possibility test’.


2021 ◽  
Author(s):  
Sara Cowan

Alibis are a potentially powerful piece of evidence for innocence, but examination of criminal cases suggests that honestly offered alibis may fail to prevent wrongful convictions. Currently, little is known regarding how evaluators judge the credibility of alibis. Three studies investigated the effect of alibi moral desirability, suspect race (White/Indigenous Canadian), alibi evidence strength, and Authoritarianism on participants’ legal judgments. Participants read a fictitious police file (Experiment 1: N = 300; Experiment 2: N = 286) or newspaper article (Experiment 3: N =235) and rated a male suspect’s/defendant’s statement honesty, alibi accuracy, and the likelihood of his guilt, among other dependent measures, then completed the Authoritarianism-Conservatism-Traditionalism scale (ACT; Duckitt et al., 2010) and, in Experiment 3, the Revised Religious Life Inventory (Hills et al., 2005). In Experiments 1 and 2, participants were asked to sign a petition supporting the suspect. Results indicated that providing an alibi can be beneficial or detrimental to the suspect, depending on contextual factors and the narrative itself. In Experiments 1 and 2, alibi moral desirability affected participants’ responses, though different patterns emerged at Ryerson and at Iowa State, and moral desirability influenced judgments primarily for the Indigenous suspect. Consistent with Olson and Wells’ (2004) taxonomy, Experiment 1 showed that the strength of the physical evidence supporting an alibi is a primary determinant of judgments of its credibility. In Experiment 3, participants provided less favourable ratings for the Indigenous defendant than the White defendant, particularly when they already had more negative general feelings about Indigenous people, though this was not found in Experiment 2. More participants signed the petition when the alibi was morally desirable at Iowa State, and for the Indigenous suspect. Across all studies, higher scores on the ACT’s Authoritarianism subscale were associated with responses that were less favourable for the suspect/defendant, and many participants did not accurately define the term “alibi.” Understanding the complexities of decision-making in this context will help us better understand why some (honest) alibis are rejected, and how stereotypes and assumptions regarding the alibi provider may lead to bias in the investigation and adjudication of criminal cases.


Author(s):  
K. Culbreth

The introduction of scanning electron microscopy and energy dispersive x-ray analysis to forensic science has provided additional methods by which investigative evidence can be analyzed. The importance of evidence from the scene of a crime or from the personal belongings of a victim and suspect has resulted in the development and evaluation of SEM/x-ray analysis applications to various types of forensic evidence. The intent of this paper is to describe some of these applications and to relate their importance to the investigation of criminal cases.The depth of field and high resolution of the SEM are an asset to the evaluation of evidence with respect to surface phenomena and physical matches (1). Fig. 1 shows a Phillips screw which has been reconstructed after the head and shank were separated during a hit-and-run accident.


2020 ◽  
Vol 1 (2) ◽  
pp. 153-180
Author(s):  
Cynthia J. Najdowski ◽  
Kimberly M. Bernstein ◽  
Katherine S. Wahrer

Despite growing recognition that misdiagnoses of child abuse can lead to wrongful convictions, little empirical work has examined how the medical community may contribute to these errors. Previous research has documented the existence and content of stereotypes that associate race with child abuse. The current study examines whether emergency medical professionals rely on this stereotype to fill in gaps in ambiguous cases involving Black children, thereby increasing the potential for misdiagnoses of child abuse. Specifically, we tested whether the race-abuse stereotype led participants to attend to more abuse-related details than infection-related details when an infant patient was Black versus White. We also tested whether this heuristic decision-making would be affected by contextual case facts; specifically, we examined whether race bias would be exacerbated or mitigated by a family’s involvement with child protective services (CPS). Results showed that participants did exhibit some biased information processing in response to the experimental manipulations. Even so, the race-abuse stereotype and heuristic decision-making did not cause participants to diagnose a Black infant patient with abuse more often than a White infant patient, regardless of his family’s involvement with CPS. These findings help illuminate how race may lead to different outcomes in cases of potential child abuse, while also demonstrating potential pathways through which racial disparities in misdiagnosis of abuse and subsequent wrongful convictions can be prevented.


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