Stare Decisis Is Not Scientific
A CAUTIONARY TALE FROM TWO CASES
[ Higher courts’ lack of abilities to be scientifically rigorous]…” serves as a road sign as to both where danger lurks should an uncritical court wish to avoid difficult questions, and the perils of not being aggressive in pursuing forensic foibles.”
This 3 pager is largely about exaggerated claims of 100% identification used in the police forensic ‘science’ culture and legal gambits that ignore the issues of reliability, etc.
Roderick Kennedy (brazolargo@ me.com) is a retired trial and appellate judge. He is a fellow in the American Academy of Forensic Sciences, and professional member of the Chartered Society of Forensic Sciences (United Kingdom). Judge Kennedy has taught
forensic evidence as an adjunct at the University of New Mexico School of Law, and currently advises scientists and lawyers on matters pertaining to expert witness practice and technical litigation.