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UI ECE 591 - The Future of Science

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Professor Alan F. WilliamsUniv ersity of Idaho College of LawM Bk dMy Backgroundy U.S. Marine Corps, 20 year career, retired 2006y Signals Intelligence (National Security Agency)y Judge Advocat e (lawyer)y Pr osecution & Defense, courts‐martial and federal courtsy RapesyChild MolestationyChild Molestationy Large‐Scale Drug Offensesy Judg eyJury TrialsJury Trialsy Guilty Pleasy Law ProfessoryEvidence, Criminal Law, Criminal Procedure, Trial SkillsEvidence, Criminal Law, Criminal Procedure, Trial SkillsForensicsA field of science dedicated to the methodical hi d li f id bli h f gathering and analysis of evidence to establish facts that can be presented in a legal proceeding.Examples of Forensic Sciencey BALLISTICS y BLOOD SPATTERFORENSIC y TOOL MARK EVIDENCEy FINGERPR INTINGyPSYCHOLOGICAL yFORENSIC ANTHROPOLOGY y HAIR ANALYSISyPSYCHOLOGICAL SYNDROME EVIDENCEy COMPUTER SIMULATIONy INTOXILYZERy POLYGRAPH yQUESTIONED y DNA y SEROLOGYyTOXIC OLOGYQDOCUMENTS y SOCIAL SCIENCE yVOICE COMP ARISONyTOXIC OLOGYyVOICE COMP ARISONForensics under AttackyAfter OJ Simson Trial and CSI television show prosecutors under pressure to present forensic evidence to satisfy jurors’ expectationsj py Challenges to reliability of long‐used forensic evidencey Claimed DNA exoneration of defendants convicted through the use of faulty or fraudulent forensic evidencey Report of National Research Council highly critical of traditionally accepted forensic evidenceFrye Test (1923)y Scientific evidence presented to the court must be interpreted by the court as "generally accepted" by a meaningful segment of the associated scientific meaningful segment of the associated scientific communityy Rejected by the U.S. Supreme Court in Daubert casey Still in use by 13 statesDaubert Standard (1993)y Non‐exclusive reliability checklist for courts(1)Whether the expert’s technique or theory can be or has been p q ytested(2) Whether the theory or technique has been subjected to peer review and publication()Th k il f h hi h (3)The known or potential error rate of the technique or theory when applied(4) The existence and maintenance of standards and controls()Wh th th th thi h b ll td (5)Whether the theory or technique has been generally accepted in the scientific communityyUsed in all federal courts and has been adopted by 11 statesUsed in all federal courts and has been adopted by 11 statesEffect of Daubert Decisiony Daubert decisiony Changed courts’ admissibility inquiry: h l d h ld f hyWhat empirical evidence supports the validity of the experts claims?y Courts placed in quandaryy Should they exclude evidence that had long been admitted and accepted as flawless after applying the requirements of and accepted as flawless after applying the requirements of DaubertRule 702. Testimony by Expertsy Designed to be a “liberal” standardy If scientific, technical, or other specialized knowledge will assist the trierof fact to understand the evidence will assist the trierof fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or di if h i h f f education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the p yproduct of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.reliably to the facts of the case.National Research Council Reporty Two year study released in 2009Lki f iifi h lidi d yLooking for scientific research to support validity and reliability of existing forensic disciplinesy Often found knowledge base inadequate to justify conclusions offered daily in American courtsyy Singled out DNA as one area that passed scientific musterNational Research Council Reporty Troubling findings:y Forensic science professionals have yet to establish:ld f hyValidity of approach; ory Accuracy of their conclusionsy Courts have been utterly ineffective in addressing these issuesRecommendations of NRC Report1. Establish and fund National Institute of Forensic Science2. Establish standard terminology to be used in reporting the results of forensic examinationsthe results of forensic examinations3. Fund peer‐reviewed research for establishing scientific bases demonstrating reliability and accuracy of for ensic methodsmethods4. Fund efforts to remove all public and for ensic labs from the administra tive control of law enforcement and state ’ ffiprosecutor’s offices5. Encourage research on human observer bias and sources of human error in forensic examinations.Recommendations of NRC ReportRecommendations of NRC Report6Fund efforts to develop tools for improving 6.Fund efforts to develop tools for improving measurement and protocols for forensic examinations7. Make laboratory accreditation and individual ycertification of forensic science professionals mandatory8Encourage forensic laboratories to establish routine 8.Encourage forensic laboratories to establish routine quality assurance and quality control procedures to ensure the accuracy of forensic analysis9. Establish a national code of ethics for all forensic science disciplines10Fund efforts to attract students in the physical and life 10.Fund efforts to attract students in the physical and life sciences to pursue graduate studies in fields critical to forensics (scholarships, fellowships)Recommendations of NRC Report11. Improve medicolegal death investigations by providing incentives for states to establish medical examiners systems to replace coroner systemsexaminers systems to replace coroner systems12. Fund a broad‐based effort to achieve nationwide fingerprint data interoperabilityfingerprint data interoperability13. Fund efforts to prepare forensic scientists for potential roles in analyzing evidence from events p ygthat affect homeland security. (exercises and training with federal agencies)Implications for Courtsy Report suggests that courts should be more rigorous in scrutinizing forensic science proffersy The report will encourage more litigation of forensic evidence reliability in future proceedingsevidence reliability in future proceedingsOther Developmentsy Recent U.S. Supreme Court decision in Melendez‐Diaz case (2009)y Continued extension of the Court’s new Confrontation


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UI ECE 591 - The Future of Science

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