NY Times: “DNA Analysis Exposes an Inexact Forensic Science” + Bitemark Cases

How DNA changed forensics.

csidds's avatarFORENSICS and LAW in FOCUS @ CSIDDS | News and Trends

For over 2 decades, the US press has used “inexact” in writing about certain forensic methods which are used to convict criminal defendants. Bitemark experts included. Here is the latest from the New York Times. It uses the debunked FBI’s hair matching system as its focus, but erroneous bitemark cases are included in the video material.

NY Times

By now — despite the apparent infallibility of detectives from Sherlock Holmes to Lieutenant Columbo, despite the clinical genius of wizards from Dr. Quincy to Gil Grissom — it should surprise no one that forensic science is not the model of exactitude that popular culture might have us believe. The scientific rigor of entrenched forensic disciplines has been challenged for years. Still, we live in a “C.S.I.” world, and television viewers could be forgiven for assuming that laboratory techniques used to catch bad guys are unassailable. In real life, though, the soundness…

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New Junk Forensic Science comes your way from Alabama

Nothing says ‘forensic science’ better that the state of Alabama. Its evidentiary statutes and case law (stare decisis) contains convictions later overturned by DNA. And, its District Attorneys (Hi there, Steve Marshall, from Marshall County, ALA) allow forensic experts to testify like those mentioned in WaPo’s well-researched article.

Not a very high bar of credibility for their criminal justice system.

Read on for an example of how junk science peeks its head-up from first-time ‘experts’ presenting their opinions in criminal cases and rendering probabilities of guilt with little to no supporting data.

It also reflects on some judges’ inability to determine anything about the scientific method.

www.washingtonpost.com/lifestyle/magazine/should-texts-e-mail-tweets-and-facebook-posts-the-be-new-fingerprints-in-court/2015/02/19/a5ec2bf6-6f32-11e4-8808-afaa1e3a33ef_story.html?hpid=z1 

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Conviction Integrity Units – A Skeptic’s Perspective

Deep look at Prosecutors’ “conviction integrity units.” All are not what some expected.

Phil Locke's avatarWrongful Convictions Blog

Anyone who has followed me at all on this blog must know that, as a group, prosecutors are not my favorite people. But it’s almost, kind-of not their fault. It’s just that the position has been institutionalized with so much power, and with no accountability, and with no consequences for misdeeds; any mortal human would succumb to the seductive temptations of such power. As I’ve noted several times before on this blog, Lord Acton’s words fit exactly – “Power tends to corrupt, and absolute power corrupts absolutely.” I am sure there must be prosecutors out there who are dedicated to the mission of being a “minister of justice,” and who will work tirelessly to see true justice done, no matter the consequences or impact to their personal career.  I just haven’t come across any yet (with one, single, notable, extraordinary exception). With that being said, there has been much favorable…

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Hard data on factors leading to wrongful convictions : Forensics

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News Release: Crime lab ‘scientist’s’ pushback against last week’s “Using Faulty Science” op-ed scientists Kafadar and Mazza

#Forensic Science : The good side of forensic reform advancement is this op-ed :
http://www.livescience.com/49929-faulty-forensic-science-failing-united-states-court-system.html .

Its pathetic polar opposite follows below.

csidds's avatarFORENSICS and LAW in FOCUS @ CSIDDS | News and Trends

This deserves a special blog post this morning.

A new protector of forensic science integrity has emerged into public view. His rhetoric is familiar and attacks the op-ed I reposted last week from two researchers involved with forensic statistics and the National Academies of Science who wrote a news piece article which garnered alot of media attention.

On his blog, and once again, legitimate forensic science reform discussion turns into personal accusations of:

“fabricated narrative constructed by frustrated defense attorneys, grant-seeking academics, and justice reform activists who’ve gone largely unchallenged.”

The author continues later with this…

“Make no mistake, the 2009 report by the National Academy of Sciences, as well as the National Commission on Forensic Science (NCFS), both referenced by Kafadar and Mazza, became institutionalized animations of the fictional narrative.”

This responding article’s author’s short article joins the micro-pantheon of forensic experts who don’t think first nor research the data before they start writing about wrongful…

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News Release: Crime lab ‘scientist’s’ pushback against last week’s “Using Faulty Science” op-ed scientists Kafadar and Mazza

This deserves a special blog post this morning.

A new protector of forensic science integrity has emerged into public view. His rhetoric is familiar and attacks the op-ed I reposted last week from two researchers involved with forensic statistics and the National Academies of Science who wrote a news piece article which garnered alot of media attention.

On his blog, and once again, legitimate forensic science reform discussion turns into personal accusations of:

“fabricated narrative constructed by frustrated defense attorneys, grant-seeking academics, and justice reform activists who’ve gone largely unchallenged.”

The author continues later with this…

“Make no mistake, the 2009 report by the National Academy of Sciences, as well as the National Commission on Forensic Science (NCFS), both referenced by Kafadar and Mazza, became institutionalized animations of the fictional narrative.”

This responding article’s author’s short article joins the micro-pantheon of forensic experts who don’t think first nor research the data before they start writing about wrongful convictions and the pristine case history of forensic science within those cases. His hyperbole exudes absolutes and generalities such as …….

He goes on………

“Using Faulty Forensic Science, Courts Fail the Innocent”) demand more research in forensic science while ignoring one of the most significant studies on forensic science and erroneous convictions ever conducted.”

And on…..

“Forensic science errors were listed at the bottom of the reasons for wrongful convictions.” 

He doesn’t have the academic wherewithal to provide a link to the original op-ed published by Live Science.

His thesis study list is composed of one 2012 article. Also not cited. A quick web search reveals a 2013 summary of a 2012 article by a Jon Gould Ph.D. It is titled “Study reveals 10 factors in wrongful convictions.”

Here are his “ten factors.”

10 Factors Identified in Wrongful Convictions

  • State death penalty culture/state punitiveness
  • Strength of prosecution’s case
  • Prosecution withheld evidence (Brady violation)
  • errors
  • Strength of defendant’s case
  • Age of defendant
  • Criminal history of defendant
  • Intentional misidentification
  • Lying by non-eyewitness
  • Family witness testified on behalf of defendant

uhh, forensic science is not at the bottom.

In my closing, the 325 exoneration (mostly by DNA exclusion) cases litigated by the Innocence Projects are NOT fiction. Nor were they solely caused by ‘ineffective assistance of [defense] counsel.”

 

 

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DNA should not be collected in misdemeanor cases – LA Times

This is an example when legislative intent leaves out common sense in its effects on ‘fighting crime.’

Less than three months ago, California voters adopted Proposition 47, an initiative that reduced six felonies to misdemeanors. By far, most of the affected crimes are for drug possession.

It’s not always easy to glean a clear statement from such a vote beyond the basic fact of it: Voters wanted those crimes to be treated as misdemeanors instead of felonies. Still, it’s a fairly safe assumption that voters wanted their criminal justice resources to be focused less on crimes they considered less serious, especially drug possession.

Full article is here.

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Monday’s ‘Quick Clicks” from the  @wrongconvblog

Exoneree now has cancer, TV show about wrongful convictions hosted by exoneree Brian Banks, How to control overzealous prosecutors, another exoneree ‘sheds hatred’ and another DAs office sets up an ‘conviction integrity unit.”

Full article is here. 

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$9.2 Million Awarded in Wrongful Conviction that Underscores FBI Forensic Problems

Compensation costs of wrongful convictions keep spiraling up and up. This time its in DC.

Nancy Petro's avatarWrongful Convictions Blog

February 28, 2015 – Yesterday Washington D.C. Superior Court Judge Neal E. Kravitz ordered $9.2 million be paid by the District to Kirk L. Odom, 52, in compensation for more than 21 years of imprisonment after he was wrongfully convicted of a 1981 Capital Hill rape and burglary. The Washington Post reported (here) that “Odom is one of five D.C. men convicted of rape or murder whose charges have been vacated since 2009 because they were based on erroneous forensics and testimony by an elite unit of FBI hair experts.”

In his District-record award, the judge provided one formula for calculating compensation damages: $1,000 per day for wrongful incarceration, $250 per day for parole time and $200 for each day between his exoneration and trial. The article noted that Judge Kravitz’s opinion comes “as courts are coming to terms

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Junk Science takes a hit from the Mississippi Supreme Court : Plus real and fake forensic research

Followup from last blog. In late 2014, the Mississippi Supreme Court took a position about those among us who are demi-gods of forensic evidence.

csidds's avatarFORENSICS and LAW in FOCUS @ CSIDDS | News and Trends

Junk Science takes a hit from MS?? Incredible. Finally. There has been a very long forensic credibility battle in that state with its ex-non-certified pathologist at the epi-center. This battle includes bitemark convictions from his colleague Michael West. 

Mississippi Supreme Court overturns conviction involving Steven Hayne, and Shaken Baby Syndrome.

Bacterial profiling from public hair. Real science. Has some limitations. 

Max Houck, a lead forensic scientist at Consolidated Forensic Laboratory, a government organization based in Washington, D.C., agrees. But he also points out that it might be more difficult to use this method if there has been previous sexual contact between the victim and the subject, in the case of abusive ex-spouses, for example. “Human pubic hairs could be of potentially significant use in cases where the victim and subject have not had previous sexual contact.”

As opposed to this typical “forensic research”news release from  it’s “Creator.”

100% accurate. OMG…

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Forensics and Crim Law : Self deluded US Federal courts and Prosecutors still ignore Junk Science

Don’t read this if you think “CSI” is real.

csidds's avatarFORENSICS and LAW in FOCUS @ CSIDDS | News and Trends

There is no better judicial micro-climate than Mississippi to study the self-contradictory and illegitimate misuse of unvalidated forensic opinions in the US. This story describes dubious forensic sciences experts and their untestable methods continuing to be used in courts. No surprise that bitemark ‘matching” (still supported by the ‘elite’ AAFS) is mentioned as a dangerous forensic method.

Read this from ‘The Watch’ by WP journalist/blogger Radley Balko.

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