President Of Justice Project Says Forensic Science In Dire Need Of Reform

John Terzano, President of Justice Project, a nonpartisan organization, stated that the forensic science system is in dire need of reform "to ensure reliability, and put forensic evidence on sound scientific footing." Terzano was speaking after a report released by the National Academy of Science to Congress. In that report, the NAS detailed the problems and recommendations to improve the use of forensic science in the American criminal justice system.

Terzano states that the report concludes:


...That forensic science is rife with problems, including a lack of thorough research and testing to establish the reliability of many forensic disciplines, under-staffed and under-funded forensic labs, a lack of adequate educational and training programs for forensic scientists, a lack of mandatory certification requirements for analysts and accreditation programs for labs, and effective oversight of analysts and forensic facilities. These systemic problems, among others identified by the NAS, "pose a continuing and serious threat to the quality and credibility of forensic science practice." The report recommends the establishment of a National Institute of Forensic Science to establish and enforce best practices for forensic science professionals and laboratories; and standards for the mandatory accreditation of labs and certification of analysts. NAS recommends this new institute fund additional research in the various forensic science disciplines and research on the possible sources and effects of bias and human error in the practice of forensic science, as well as funding to assist all forensic laboratories in the states to become independent from law enforcement agencies.
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Terzano further states:
"Despite the reputation of forensic science as being a reliable and accurate means of excluding certain suspects and identifying others, often fostered by popular shows such as CSI, forensic science is often deeply flawed and inaccurate--unreliable or false forensic evidence led to the wrongful conviction of over half of the first two hundred people exonerated by DNA evidence in the United States."

The Center has commented on these articles several times in the past. The Center does not dispute the findings, and commends the NAS for their recommendations. There are many reasons for the wrongful convictions that occur in America. Faulty scientific evidence is a major cause. This problem not only puts the wrong person in jail, it could also let the actual criminal out of jail or allow the culprit to remain on the streets. However, the trend of just allowing for broad and expansive lawsuits alleging police corruption does not correct this problem. Like the NAS and Mr. Terzano said, the system needs broad sweeping changes from the top. Hopefully Congress will realize that the change needs to come from the top and reform is needed in this system. WIthout changes, the municipalities feeling the effects of the new-age police witch-hunt will continue to be crippled economically by the effects.

 

U.S. Justice Department Awarded $300,000 To The Urban Institute To Study Wrongful Convictions

The Virginia Times Dispatch is reporting that the U.S. Justice Department awarded $300,000 to the Urban Institute to study the rate of wrongful convictions.  The Urban Institute studies social and economic issues to promote public policy and effective government.  It is unclear what the study would reveal.  They will arguably come up with statistical figures.  But statistics are easy to manipulate, depending on your underlying hypothesis.  It is also very hard to generalize how wrongful convictions occur.  Various NGOs (Non Governmental Organizations) categorize wrongful convictions in general categories:

Eyewitness Misidentification
Unreliable or Limited Science
False Confessions
Forensic Science Fraud or Misconduct
Government Misconduct
Informants or Snitches
Bad Lawyering

(Source: Innocence Project Causes of Wrongful Convictions) 

Categorizes are misleading as each case is extremely fact intensive.  Even the categorize themselves blur.  Depending on the intended goal - and eyewitness misidentification case - can easily be alleged to be a police misconduct case.  In fact, all the cases we have seen, eyewitness misidentification was merely a pre-text to allege police misconduct.   Nevertheless, we hope the study will analyze the details of the cases and not merely reach a general conclusion based on statistics.  Its very easy to blame someone else for the cause of the wrongful conviction.    We have seen that the Police, all to often, are the easy target to blame, given they are indemnified by municipalities in civil suits.   We hope the Urban Institute contacts us to get the defense side of the issue so that the study can present a fair report.  We won't hold our breath.