Forensic Science in U.S. Criminal Trials after Melendez-Diaz

Author(s):  
Jessica Smith
2018 ◽  
Author(s):  
Gianni Ribeiro ◽  
Jason Marcus Tangen ◽  
Blake M McKimmie

Forensic science techniques are often used in criminal trials to infer the identity of theperpetrator of crime and jurors often find this evidence very persuasive. Unfortunately, two of the leading causes of wrongful convictions are forensic science testing errors and false or misleading forensic testimony (Saks & Koehler, 2005). Therefore, it is important to understand jurors pre- existing beliefs about forensic science, as these beliefs may impact how they evaluate forensic evidence in the courtroom. In this study, we examine people’s perceptions of the likelihood of error and human judgment involved at each stage of the forensic science process (i.e., collection, storage, testing, analysis, reporting, and presenting). In addition, we examine peoples’ perceptions of the accuracy of — and human judgment involved in — 16 different forensic techniques. We find that, in contrast to what would be expected by the CSI effect literature, participants believed that the process of forensic science involved considerable human judgment and was relatively error-prone. In addition, participants had wide-ranging beliefs about the accuracy of various forensic techniques, ranging from 65.18% (document analysis) up to 89.95% (DNA). For some forensic techniques, estimates were lower than that found in experimental proficiency studies, suggesting that our participants are more skeptical of certain forensic evidence than they need to be. Keywords: Forensic science, forensic evidence, accuracy, error rate, CSI effect.


Author(s):  
Susan Pope ◽  
Roberto Puch-Solis

This article is the second part of a review of the interpretation of DNA data in forensic science. The first part describes the evaluation of autosomal profile for criminal trials where an evidential weight is assigned to the profile of a person of interest (POI) and a crime-scene profile. This part describes the state of the art and future advances in the interpretation of forensic DNA data for providing intelligence information during an investigation. Forensic DNA is crucial in the investigative phase of an undetected crime where a POI needs to be identified. A sample taken from a crime scene is profiled using a range of forensic DNA tests. This review covers investigation using autosomal profiles including searching national and international crime and reference DNA databases. Other investigative methodologies described are kinship analysis; familial searching; Y chromosome (Y-STR) and mitochondrial (mtDNA) profiles; appearance prediction and geographic ancestry; forensic genetic genealogy; and body identification. For completeness, the evaluation of Y-STRs, mtDNA and kinship analysis are briefly described. Taken together, parts I and II, cover the range of interpretation of DNA data in a forensic context.


2018 ◽  
pp. 173
Author(s):  
Emma Shoucair

Modern forensic evidence suffers from a number of flaws, including insufficient scientific grounding, exaggerated testimony, lack of uniform best practices, and an inefficacious standard for admission that regularly allows judges to admit scientifically unsound evidence. This Note discusses these problems, lays out the current landscape of forensic science reform, and suggests the addition of a new special relevance rule to the Federal Rules of Evidence (and similar rules in state evidence codes). This proposed rule would cabin judicial discretion to admit non-DNA forensic evidence by barring prosecutorial introduction of such evidence in criminal trials absent a competing defense expert or a high showing of scientific viability.


2014 ◽  
Vol 78 (2) ◽  
pp. 136-163 ◽  
Author(s):  
Tim J. Wilson ◽  
Michael W. Stockdale ◽  
Angela M. C. Gallop ◽  
Bill Lawler

This article comments on a recent Home Office consultation about making forensic regulation statutory and the government's response to the Law Commission's recommendations for reforming the admissibility of expert evidence in criminal trials. By suggesting a duty of ‘omissive disclosure’ we offer a possible solution to concerns expressed to parliamentary inquiries about the ‘fragmentation’ of forensic science evidence and how reform, including regulation, might bear on (and support) individual scientific and medico-legal experts, as well as organisations and methods. We welcome the regulation initiative, but suggest that government policy also needs to address interrelated and systemic problems that beset the production of scientific and medico-legal evidence. We argue that these problems stem from fragmented policy making between and within government departments, possibly a similar fragmentation in jurisdictional rule-making and, reflecting their economic influence, the degree of responsibility vested inadvertently in the police and the CPS. We also suggest that regulation is not an alternative to implementing the Law Commission's recommendations, which together with forensic regulation should not be confined to criminal courts.


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.


Author(s):  
R.F. Sognnaes

Sufficient experience has been gained during the past five years to suggest an extended application of microreplication and scanning electron microscopy to problems of forensic science. The author's research was originally initiated with a view to develop a non-destructive method for identification of materials that went into objects of art, notably ivory and ivories. This was followed by a very specific application to the identification and duplication of the kinds of materials from animal teeth and tusks which two centuries ago went into the fabrication of the ivory dentures of George Washington. Subsequently it became apparent that a similar method of microreplication and SEM examination offered promise for a whole series of problems pertinent to art, technology and science. Furthermore, what began primarily as an application to solid substances has turned out to be similarly applicable to soft tissue surfaces such as mucous membranes and skin, even in cases of acute, chronic and precancerous epithelial surface changes, and to post-mortem identification of specific structures pertinent to forensic science.


Sign in / Sign up

Export Citation Format

Share Document