The unethical rule of politics in the US justice system described as “The Criminalization of Nearly Everything” + Forensic Science News

“The criminalization of nearly everything.” Podcast by journalist Radley Balko explaining the excessive amount and the maze of state and federal laws being overbroad, vague and nearly indefensible for defendants. This system can overwhelm the “presumed innocent until proven guilty” constitutional principle. This is apparent in the current news regarding agencies and organizations “pulling the prosecutorial trigger” without sufficient protections against bias and misconduct. The podcast opening intro is garbled, but Balko comes through loud and clear.  A slide show of talking points is included.

Just awful. Reports say this drug bust netted $60 worth of meth. Undercover cop unknowingly shoots other officer. 

City to Shell out more money ($17 million) in wrongful convictions in NYC by disgraced cop. 

The “boxing champ” of Sing-Sing gets a secret settlement from NY about his wrongful conviction.

2007 rape kit found in police refrigerator. 

Another case of police arresting for “obstruction” when they are filming law enforcement. DA later says there is no PC to charge photo-taking as a crime. 

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Disposable civil rights when Whites accuse Blacks

Seldom heard stories of lost freedoms caused by white eyewitnesses, police, forensic labs and prosecutors impuning constitutonal rights. This is from the black side of the courtroom.

10 Egregious Cases of White People Falsely Accusing Black People of Committing Crimes

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Forensics in Focus @csidds | Feb 24, 2014| Years Old DNA Testing vs Current DNA Testing | A case of first impression?

Followup from last post about DNA double-speak from myopic (or worse) District Attorneys.

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

 MONDAY FEB 24, 2014

CRIME LABs: New DNA TECH vs “outdated”  DNA methods

The history of DNA technology, its standards and population statistics use in criminal courts goes back to the time (and earlier) of this original trial. This should be interesting to say the least. According to this appellate litigation strategy, early DNA claims of specificity (using RFLP, I assume) may vary when compared to PCR and STR profiling in use today. Any variance could be ruled not material by the judge (a true “non-science” kinda guy) and fail to overturn the conviction (i.e. this variance “would not have changed the outcome of the trial). The article, however, does not describe the DNA method being scrutinized but “retesting the test” theory seems thin, absent the scenario where the crime lab itself flubbed up.

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THE CASE WITH LEGAL ARGUMENT FROM BOTH PROSECUTION AND DEFENSE COUNSEL.

A…

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Another DA uninterested in protecting the public

This Prosecutor would rather put public safety at risk having the real criminal still at large than allowing a simple DNA test to prove or deny his office made a mistake. A real chickenshit move

http://www.app.com/story/news/crime/jersey-mayhem/2015/01/08/prosecutors-fight-dna-test-rape-case/21471157/

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How Police run Crime Labs can keep their employees in line: More on retaliation in forensic sciences

Suit charges  “retaliation for opinions about the lab” – Ex-Police lab director sues supervisors over demotion – 

Other types of professional retaliation relating to forensic science. here and here.

When a man is wrongfully arrested…….Jailed 12 days, man proves his mistaken arrest by dropping pants in court; $88K settlement proposed

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Allegations of Crime Lab planting evidence may not be enough for reversal of conviction

Planted evidence from a Crime lab (the OJ defense) is not the magic bullet for everyone arguing innocence. Forensic misconduct charges before Nebraska higher court affecting a murder case.  Legal argument from the DA says “eyewitness” evidence is sufficient to sustain life sentence regardless of ex lab director malfeasance.  Here’s the ex lab guy.

Kofed

Legal minds will toil over the trial record to reach a finding on this appeal. Not surprising,  said analysis will only look at court transcripts. They never go back to ask the original jurors what value they put on the tainted evidence.

Here’s the story snippet.

LINCOLN — Even if an Omaha man serving life for murder could prove a rogue crime scene investigator planted blood in his truck, it might not be enough to set him free.

Richard K. Cook on Wednesday asked the Nebraska Supreme Court to grant him a hearing so he can present evidence that hewas framed by David Kofoed, the former director of Douglas County’s crime lab.

During 20 minutes of oral arguments, the judges returne to a key question: Assuming Kofed fabricated blood evidence, did that evidence ultimately convict Cook?

Read the entire article here. 

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A tangled web. The effect of crime lab misconduct to be judged by the judges of Massachusetts.  

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Some crime labs are so slow, their customers go to the competition. 

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“A Massive Mess of Forensics” From The Agitator

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Woes of the Vermont Crime Lab. Article calls it a “struggle.”

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The “latest Crime Lab scandal brought to you by  Broward County.” 

 

 

 

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Rampant Prosecutorial Misconduct in the US: A Short Media Review

This is a mere sip in the ocean of info on this subject. At a glance, the cases are many, but any semblance of consistent judicial penalties are few.

 

Prosecutorial misconduct occurs when a prosecutor breaks a law or a code of professional ethics in the course of a prosecution. In Berger v. United States, 295 U.S. 78 (1935), Justice Sutherland explained prosecutorial misconduct meant “overstepp[ing] the bounds of that propriety and fairness which should characterize the conduct of such an officer in the prosecution of a criminal offense.”

 

In the justice system, prosecutors have the power to decide what criminal charges to bring, and since 97 percent of cases are resolved without a trial, those decisions are almost always the most important factor in the outcome. That is why it is so important for prosecutors to play fair, not just to win.

 

Some wrongful convictions are caused by honest mistakes. But in far too many cases, the very people who are responsible for ensuring truth and justice — law enforcement officials and prosecutors — lose sight of these obligations and instead focus solely on securing convictions.

The cases of wrongful convictions are filled with evidence of negligence, fraud or misconduct by prosecutors or police departments.

Center for Prosecutorial Integrity Database This site has over 500 recent cases review for characteristics and results.

Saving the best for last. The Los Angeles Times article database about pros misconduct from 1999 to the present.

 

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The use of multi-national forensic recovery experts in the AIR ASIA incident

Note: The first lesson from this specific incident is: DON”T SHOW THE BODY RECOVERY IN FRONT OF THE MEDIA My mass disaster experience is similar with news copters hovering over the ocean recovery site until authorities established prohibited airspace for civilian aircraft.

Latest News of today, the tail of the aircraft has been recovered.  

Water search moves westward from origianl contact site.

More forensic dentists to help with AirAsia recovery.

Other forensic experts: Photography, crime scene investigators and recovery divers.

Identification experts.

Australians send help. 

Arm chair aviation experts talk about the plane “landing on the water” and then “breaking up” due to intact victims’ remains still in passenger seats. That is a bit premature, to say the least.

 

 

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Slap Shot At Over Blown Forensic Experts

As usual, another bitemark meeting ignoring past wrongful convictions. Only their “famous” cases from 40 years ago. 

Plus, Aussie experts help identify 4  victims of Air Asia incident. 

 

 

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

Forensic Science Is Not CSI, in Ferguson or Anywhere Else – HuffPost Politics

http://m.huffpost.com/us/entry/6356740?utm_hp_ref=politics&ir=Politics&partner=skygrid

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Slap Shot At Over Blown Forensic Experts

Forensic Science Is Not CSI, in Ferguson or Anywhere Else – HuffPost Politics

http://m.huffpost.com/us/entry/6356740?utm_hp_ref=politics&ir=Politics&partner=skygrid

Posted in Brown shooting evidence, criminal justice, expert testimony, Forensic Science, forensic testimony | Tagged | 1 Comment