THE FUTURE of the FORENSIC SCIENCES

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Presentation transcript:

THE FUTURE of the FORENSIC SCIENCES George W. Clarke Superior Court San Diego County

NATIONAL RESEARCH COUNCIL REPORT NATIONAL ACADEMY OF SCIENCES NATIONAL RESEARCH COUNCIL REPORT (“NRC I”) - 1992

NATIONAL RESEARCH COUNCIL REPORT NATIONAL ACADEMY OF SCIENCES NATIONAL RESEARCH COUNCIL REPORT (“NRC II”) - 1996

(“Could Originate From”) MITOCHONDRIAL DNA MICROSCOPIC COMPARISON (“Consistent”) v. MITOCHONDRIAL DNA (“Could Originate From”) 10-15% “ERROR”

RECOMMENDATIONS “National Institute of Forensic Science” Terminology/Reports/Testimony Mandatory Accreditation/Certification National “Code of Ethics” Medical Examiner System

RECOMMENDATIONS Study Validity of Disciplines Remove Labs from Law Enforcement Study “Contextual Bias”

RECOMMENDATIONS “In a number of forensic science disciplines, forensic science professionals have yet to establish either the validity of their approach or the accuracy of their conclusions, and the courts have been utterly ineffective in addressing this problem.”

RECOMMENDATIONS “. . . there are serious issues regarding the capacity and quality of the current forensic science system; yet, the courts continue to rely on forensic evidence without fully understanding and addressing the limitations of different forensic science disciplines.”

DAUBERT v. MERRELL DOW U.S. Supreme Court (1993) 509 U.S. 579 “PRELIMINARY ASSESSMENT” Testing of theory or technique Peer review publication Error rate Standardization “GENERAL ACCEPTANCE”

SAN DIEGO COUNTY JAIL All Booking = Fingerprints Automated Scan/Search ID or AKA Discovery Resolve by Examiner 92,000/YEAR (250/DAY)

FINGERPRINTS Client Denial Re-examination Trial Testimony Battle of Experts? VALIDATION?

EVIDENCE RETESTING “THE BEST PROTECTION AN INNOCENT SUSPECT HAS FROM A FALSE MATCH IS AN INDEPENDENT TEST.”

DAUBERT v. MERRELL DOW U.S. Supreme Court (1993) 509 U.S. 579 “PRELIMINARY ASSESSMENT” Vigorous Cross-Examination Presentation of Contrary Evidence Careful Instruction

IMPACT of REPORT

TRIAL by JURY “COURTROOM v. CLASSROOM” Wrongful Convictions Government Steps to Exclude “Hard” v. “Soft” Science Deliberations Process

“MEAN” v. “MEDIAN”