1. Ninth Annual Prescription for Criminal Justice Forensics Program Department of Justice Forensic Science Projects to Support the Adversarial Process
Kira Antell, Senior Counsel
Office of Legal Policy
U.S. Department of Justice

2. Priorities on Forensic Science
Improving the reliability of forensic analysis to enable examiners to report results with increased specificity and certainty
Facilitating coordination and collaboration on forensic science within the Department, across the federal government, and with state, local, and tribal entities
Increasing the capacity and efficiency of forensic service providers so that evidence can be processed quickly and investigations can be concluded without delay

3. Forensic Science Projects
Quality Assurance
Designed to be implemented by Department forensic laboratories and digital analysis entities
Intended to improve the practice of forensic science and reporting of results
Prosecutor Practices
Support the use of forensic science in the adversarial process

4. Goals of Forensic Science Projects
Ensure that examiner analysis is based on sound scientific principles
Contribute to the scientific principle of transparency
Educate legal practitioners as to the limits of forensic analysis
Support the appropriate use of forensic science in legal proceedings

5. Forensic Science Projects
Research Projects
Reasonable Degree of Scientific Certainty
Uniform Language for Testimony and Reports
Testimony Monitoring
Posting of Quality Management System Documents
Criminal Discovery Involving Forensic Evidence and Experts

6. I. Research Projects

7. Research Projects
The Department, through the National Institute of Justice (NIJ) supports hundreds of forensic science research projects
Funding opportunities are focused on meeting the needs identified by forensic science practitioners – particularly as identified by the Organization of Scientific Area Committees
FBI is conducting decision-threshold studies in several pattern disciplines
Studies are being developed through external entities to ensure they are double-blind
Anticipated to assist in reporting results with increased specificity and certainty

8. II. Reasonable Degree of Scientific Certainty

9. Reasonable Degree of Scientific Certainty
Forensic examiners have long explained that the legal phrase “reasonable degree of scientific certainty” doesn’t have a scientific meaning and can be misleading to a finder of fact
Since September 2016, Department examiners and Department prosecutors have been prohibited from using the phrase or similar words (unless required to do so by a court or applicable law)

10. III. Uniform Language for Testimony and Reports (ULTR)

11. ULTRs
Deputy Attorney General Rosenstein announced at the International Association for Identification annual meeting in August 2017 that the Department would develop ULTRs
Department-wide;
Created for all disciplines;
Available publicly;
Assist in training examiners and prosecutors

12. ULTRs ULTRs set prospective standards for use in testimony
Terminology is consensus-based, scientifically sound, and technically justified;
Appropriately qualified and limited in scope;
Probative value of forensic findings is correctly stated and are not exaggerated;
Conclusions are not overstated
These documents also include qualifications and limitations for what should not be stated in reports and testimony

14. IV. Testimony Monitoring

15. Testimony Monitoring
Deputy Attorney General Rosenstein announced at the International Association for Identification annual meeting in August 2017 that the Department would institute a testimony monitoring program
Testimony Monitoring is a Department-wide program to review more examiner testimony in a timely fashion (effective June 18, 2018)
Currently, few instances of examiner testimony are regularly reviewed (accreditation standards vary but do not require review of most testimonies)

16. Testimony Monitoring Ensures that examiners’ testimony is:
Consistent with mandatory laboratory policies and procedures;
Properly qualified and appropriately communicated;
Does not exceed the scientific limitations of the method or discipline utilized; and
In conformity with any applicable ULTR

18. V. Posting of Quality Management System Documents

19. Quality Management System (QMS)
The Department started posting QMS online in March 2018
Includes quality assurance measures, laboratory policies, and standard operating procedures for testing and analysis
Summaries of internal validation studies for forensic methods and techniques that are currently used by Department labs

20. QMS Posting Promotes the scientific value of transparency
Improves the efficiencies of the Department’s discovery and disclosure obligations
Shares high quality policies and procedures with other labs
Enhances knowledge of Department forensic policies and practices by public (academics, lawyers, judges)

21. QMS Postings

22. VI. Criminal Discovery Involving Forensic Evidence and Experts

23. Criminal Discovery Involving Forensic Evidence and Experts
In January 2017, the Department adopted the Supplemental Guidance for Prosecutors Regarding Criminal Discovery Involving Forensic Evidence and Experts
The guidance assists prosecutors in providing all discovery to which defense counsel are entitled
The guidance has been incorporated into the U.S. Attorneys Manual (USAM) at section

24. Criminal Discovery Involving Forensic Evidence and Experts
USAM describes the four steps that prosecutors should take to meet their disclosure obligations for forensic evidence under the federal rules, Supreme Court precedent, and statutory obligations:
Obtain the forensic expert’s laboratory report;
If requested, disclose a written summary for any forensic expert;
If requested, provide the defense with a copy of, or access to, the laboratory or forensic expert’s “case file”;
Provide information on the expert’s qualifications

25. Criminal Discovery Involving Forensic Evidence and Experts
Based on the information provided in discovery for forensics, defense counsel can decide whether to seek Daubert hearings, consider pursuing their own expert witnesses, and better prepare their defense in general.
This year all 6,000+ federal prosecutors received mandatory training on USAM

26. Next steps

27. Contact Information
Kira Antell
Senior Counsel
Office of Legal Policy
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530