Why the NC Carolina CSI lab got slammed in the media. The Public is scared about wrongful convictions.

NC copy

The above photo is from a recent exoneration case from North Carolina. The joy on Dwayne Dail’s  face is palpable.

You probably won’t often see this discussion on TV , but people are really upset about wrongful convictions occurring on a daily/weekly basis in the news. They want to know why and how this happens. At some level at least. Sometimes it is a personal concern, and other times they are vocal advocates of forensic science and legal reforms. These concerns end up in the media which then give us glimpses into the turmoil occurring within the criminal justice system. Hence the local media slap at the NC crime lab two days ago.

Backroom battles of forensic reform 

Journalists/bloggers/reformers taking on these subjects get accused of being “soft on crime” when narrating and opinionating (sic) about the innocent (mostly men and a few women) spending decades in prison. This being the age of public invective  and instant polarization of conflicting opinion makers in the US criminal justice system  means forensic science reform attracts alot of heat as well.

Forensic people raising concerns get shunned, ridiculed and fired. Forensic science trolls preach that there is a conspiracy known as the Innocence Project making money via releasing criminals back into society (don’t ask me to explain how THAT works, as I cannot). These types are so misinformed that they won’t read that almost a third of the IPs’ cases have led law enforcement to actual murderers and rapists.

The public flashback by forensic science people in North Carolina to a local newspaper’s criticism was the subject of my previous blog. The paper actually did a well-balanced presentation. Yet it mentioned lingering concerns.

What the forensic lab’s response missed was acknowledgement of what is happening in the media about their forensic kingdom.  They sound righteously indignant. They also completely missed the context of what the public is worried about. Hence journalists and editorialists are concerned as well.  A short list of links to NC forensic happenings is at the end of this blog.

The broader issue is innocent people being convicted. 

Crime lab miscues and omissions giving inaccurate or overstated results have been proven to eventually lead to wrongful convictions. As of now, the general public cannot identify the “good guys” in the forensic business from their “lesser trustworthy” forensic counterparts.

They do read about how long it has taken the US prosecutorial legal system to accept there are problems with thousands of cases and how difficult it is to procedurally rectify a defendant’s freedom rights which have been diminished and or actually extinguished by forensic mistakes.

Its not the time to go all Donald Trump on the public’s concerns about police forensic labs. It is legitimate and should NOT be demonized.

Reference List 

North Carolina exoneration history, activities and crime lab problems in the local media.

North Carolina Crime Lab Woes

North Carolina Center on Actual Innocence recent exonerations

North Carolina Innocence Statutes and Compensation

Posted in AAFS, costs of wrongful convictions, Crime lab scandal, criminal justice reform, CSI | Tagged , , | 1 Comment

NC Forensic Crime Lab responds to “exaggerated” and “false” article citing “corruption.”

Crime labs’ reputations and credibility questions continue to be deliberated in the US and the international press.

Writers seldom have substantial knowledge of forensic science, but they have little problem using data from FOIA demands and other public information to energize doubts about current forensic practices. The leaders of the North Carolina crime lab are posing a critique of a news report casting doubts in their direction. They have the challenge of acknowledging past misdeeds, (none leading to wrongful convictions), while explaining substantial improvements.

They might start taking a consistent higher profile in publishing these accomplishments.

“First, you apply the word “corrupt” to the lab. Not only is this deeply offensive to hundreds of dedicated, hard-working and honest laboratory workers, but it is entirely false.”

“Contrary to your version of events, the N.C. Department of Justice initiated an independent audit of the lab which concluded with an August 2010, report. This Report makes clear that the “16 years” mentioned in your editorial ended in 2003, 12 years ago. The report emphasized that “no issues were identified . that would call into question the proficiency of analysts, quality control protocols or the adequacy of the testing procedures,” and that “no one should conclude that someone has been wrongfully convicted.”

Crime lab rebuttal

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Forensics: Forensic Dentistry at #USC Ostrow School of Dentistry

give to dentistry

Some dentist named Bowers.

Also, kudos to USC Ostrow Professors Nan Mulligan and Glenn Clark for funding the USC Special Patients Clinic in perpetuity.

Fight On. Beat Stanford.

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In the Forensic News: Paleoanthropologists and Archeobiologists run amuck

A brief look at what exaggerating science in the news media brings to mind. I have noticed some of this trend in commerical-connected forensic news releases and desperate believers in outdated or debunked forensic techniques. I clearly remember a nearly $1,000,000 NIJ research grant that went to a bitemark dentist who later opined that bitemarks are great evidence and non-Causcasian teeth are unique from other racial groups.

BTW, nothing is wrong with either the paleoanthros or archeobios.

The influence of showmanship on science research.

 

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European Body Farm Project faces some naysayers but supporters are seeking answers

Image result for body farm decomposition

Nothing divides a community more than an outdoor display of decaying human remains. Academicians are stimulated, but the neighbors not so much. Teaching taphonomy and bug science (think maggots, beetles and flies) can be smelly, but has its place in forensics when unknown and homicide victims’ remains become the center of police investigations. I like the fact that this proposed facility would be co-managed and available throughout the EU for students and research.

Lincolnshire Body Farm

 

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Neuberger: A Scientific rationale lends depth to legal reasoning but vice versa? #Forensics

Image result for royal society

This is a striking personal account recently given by an English legal gentleman before the Royal Society in London. His career spans formal scientific education, initial research experience, and a professional transition to the law. As of this writing he is President of the UK Supreme Court. He is Lord Neuberger.

These lecture notes are his verbatim account of the conceptual/philosophical voyage through the years and gives all of us a valuable view regarding scientific “binary thinking” contrasted with legal “logic” suppositions and moral proclamations.

Here is a quote of modest reflection:

” I believe that my scientific training has been valuable in my career in the law.”

And then he drops the bombshell:

“The explanation, I said, was plain: it is far easier to switch from a more rigorous subject to a less rigorous subject than the reverse.”

The “takeaways” will produce some insight.

Lord Neuberger (Long read)

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Australia gets rid of unreliable forensic expert’s convictions – So should Mississippi and other states

Image result for junk science

A long time Australian pathologist who retired in 1995, having recently been given an “unreliable” designation by the Aussie courts, is the subject of extensive re-litigation of many of his past trials.

Coincidentally, the Mississippi Supreme Court has ordered another hearing next January in Noxumbee County, MS, in Eddie Lee Howard’s death penalty case, regarding the courtroom promises of accuracy in Dr. Michael West’s brand of “blue light” illuminated bitemark identifications. This dentist has more recently proclaimed that bitemarks are not “scientific evidence” and therefore are unreliable.

It should not be a serious leap of for Mississippi to click the box on “junk science” in their judicial protocols. Australia obviously has.

BTW, its too bad the bitemarker group in the United States, the AAFS sponsored ABFO, have not had that revelation. Their latest presentation before the Texas Forensic Science Commission was a travesty of hollow opinion and desperate grandstanding.

http://www.theaustralian.com.au/news/nation/flawed-forensics-trigger-murder-appeals/story-e6frg6nf-1227621700050?sv=d2a631af276df7187dcfadef271611e1

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Forensic Science Reform Saves Lives

Changing forensic science practices and protocols to a basis of scientific proofs takes years. This one indelible fact reveals how slowly law enforcement, the courts, and “general  acceptance” of established forensic groups adapt to legitimate change.

Read about how John Lentini has spent decades reworking the old assumptions and “magic” that was so popular in police arson investigations.

ABA Journal Magazine

 

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CSI Gartcosh: Scottish police reveal three forensic breakthroughs

POLICE SCOTLAND’S new crime campus at Gartcosh is turning Scotland into a world leader in the area of forensics, and will help solve more sex crimes and kidnaps.

And DNA 24 gives forensic teams more than double the number of individual markers to identify suspects or victims than the previous process, called SGM +. More on NA 24 as it  seems a bit over the top for some folks. 

http://www.dailyrecord.co.uk/news/scottish-news/csi-gartcosh-scottish-police-reveal-6877969

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DC considering tightening rules to combat junk science in its courts

Talk about partisan politics in the judicial system. Washington DC lawyers (plantiffs lawyers of course. They sue people in civil courts mostly on a contingency basis) are whining (lets call it like it is) about the DC judiciary thinking about shifting their rules for expert testimony to the Daubert/Kumho standard in use since the middle 1990’s by the majority of US states.

Their current standard for acceptance is the antique Frye Rule which is almost 100 years old. It allows “general acceptance” by a “community” to pass muster for courtroom acceptance. The definition of “community” seems to be any group greater than 2.

This new discussion is spurred by an awareness and a statement that “false or misleading” expert testimony is the primary reason for wrongful convictions in criminal cases.

Actually, that last is incorrect. False eyewitness testimony is the greatest reason. Experts come second. Read about that here.

https://www.washingtonpost.com/local/public-safety/dc-court-considers-how-to-screen-out-bad-science-in-local-trials/2015/11/23/25206b88-91f8-11e5-b5e4-279b4501e8a6_story.html?postshare=2351448368434164&tid=ss_tw-bottom

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