Wrongful Convictions and Forensic Science Errors: Case Studies and Root Causes

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Forensic Science Errors and Wrongful Convictions: Case Studies and Root Causes provides a rigorous and detailed examination of two key issues: the continuing problem of wrongful convictions and the role of forensic science in these miscarriages of justice. This comprehensive textbook covers the full breadth of the topic. It looks at each type of evidence, historical factors, system issues, organizational factors, and individual examiners.

Forensic science errors may arise at any time from crime scene to courtroom. Probative evidence may be overlooked at the scene of a crime, or the chain of custody may be compromised. Police investigators may misuse or ignore forensic evidence. A poorly-trained examiner may not apply the accepted standards of the discipline or may make unsound interpretations that exceed the limits of generally accepted scientific knowledge. In the courtroom, the forensic scientist may testify outside the standards of the discipline or fail to present exculpatory results. Prosecutors may suppress or mischaracterize evidence, and judges may admit testimony that does not conform to rules of evidence. All too often, the accused will not be afforded an adequate defense―especially given the technical complexities of forensic evidence. These issues do not arise in a vacuum; they result from system issues that are discernable and can be ameliorated.

Author John Morgan provides a thorough discussion of the policy, practice, and technical aspects of forensic science errors from a root-cause, scientific analysis perspective. Readers will learn to analyze common issues across cases and jurisdictions, perform basic root cause analysis, and develop systemic reforms. The reader is encouraged to assess cases and issues without regard to preconceived views or prejudicial language. As such, the book reinforces the need to obtain a clear understanding of errors to properly develop a set of effective scientific, procedural, and policy reforms to reduce wrongful convictions and improve forensic integrity and reliability.

Written in a format and style accessible to a broad audience, Forensic Science Errors and Wrongful Convictions presents a thorough analysis across all of these issues, supported by detailed case studies and a clear understanding of the scientific basis of the forensic disciplines.

Author(s): John Morgan
Publisher: CRC Press
Year: 2023

Language: English
Pages: 368
City: Boca Raton

Cover
Half Title
Title Page
Copyright Page
Table of Contents
Acknowledgments
Author
Chapter 1 Context of Wrongful Convictions and Forensic Science Errors
Introduction
Forensic Science in the 20th Century
Forensic Evidence Standards in Criminal Cases
The Modern Era: Advent of DNA
Wrongful Conviction Research
Study Questions
Further Reading
References
Chapter 2 Assessment of Forensic Science Errors
What Is Forensic Science?
Forensic Science Conclusions
Forensic Science Standards
System Issues
Forensic Science Organizations
Forensic Analysis
Systematic Reviews of Forensic Errors
Analyst/Expert Error
Fraud
Methods/Protocol Error
Instrumentation/Technology Limitations
Officers of the Court
Post Conviction
Study Questions
Further Reading
References
Chapter 3 Hair and Serology
Michael Blair: Case Example
Role of Hair Comparison and Serology in the Balance of Evidence
Serological Typing
Testimony Errors Related to Serology
Morphological Hair Comparison
Police Investigation and Prosecution Before DNA
Study Questions
Further Reading
References
Chapter 4 DNA
DNA Analysis in the Early 1990s
DNA After the Simpson Trial
STR Analysis and Mixture Interpretation
Misconduct Issues
Crime Scene Investigation and Evidence Tracking
Study Questions
Further Reading
References
Chapter 5 Unvalidated Forensic Science
The Challenge of Innovation
Court Acceptance of Unproven Methods
Cutting-Edge Advocates
Canine Detection
Shoeprint Individualization
Wink Response and Child Abuse Accommodation Syndrome
Postmortem Artifacts
Patterned Evidence
Summary
Study Questions
Further Reading
References
Chapter 6 Bite Mark Comparison
ABFO and Standards of Practice
Examiner Variability and Bias
Errors by Prominent Examiners
Unusual Dentitions
Study Questions
Further Reading
References
Chapter 7 Fingerprints and Friction Ridge Examination
Brandon Mayfield
Suitability Decisions
Adversarial Deficit
Fraudulent Friction Ridge Comparisons
Relevance to Police Investigation
Brian Rose
Contrast with Bite Mark Comparison
Study Questions
Further Reading
References
Chapter 8 Firearms and Toolmarks
Theory of Identification
Wrongful Convictions
Detroit Police Department
Lee Harvey Oswald and Joseph Brown
Compositional Bullet Lead Analysis
Gunshot Residue
GSR Using Atomic Absorption Spectroscopy
The Savannah Three
Study Questions
Further Reading
References
Chapter 9 Fire Debris Investigation
Gaps in Fire Interpretation
Cameron Todd Willingham
Texas Forensic Science Commission Review
The Role of the Fire Investigator
Uncertainties in Interpretation
Organizational Deficiencies
Inadequate Defense
Study Questions
Further Reading
References
Chapter 10 Forensic Medicine and Pediatric Abuse
Moral Panic
Shaken Baby Syndrome
Lucid Interval
Prosecution Views
Effective Defense
Expert Variability
Brian Franklin
Other Sexual Abuse Cases
Hannah Overton
Study Questions
Further Reading
References
Chapter 11 Forensic Pathology
Medical Examiners and Coroners
Variability in Forensic Pathology
Robert Bayardo
Death Scene Investigation
Bias and Variability
Contextual Information
Anthony Coppolino
Study Questions
Further Reading
References
Chapter 12 Organizational Dysfunction
Analytic Approach
FBI Laboratory
Organizational Structure
Houston
Broader Problems in Houston
Root Causes
Detroit
New York State Police
US Army Criminal Investigation Laboratory
Washington, DC
Study Questions
Further Reading
References
Chapter 13 Drugs and Toxicology
Misconduct
Field Testing
Quality Assurance
Toxicology
Low-Level Deficiencies
Cynthia Sommer
Motherisk
Virginia LeFever
Study Questions
Further Reading
References
Chapter 14 Digital Evidence
Lisa Roberts
George Cortez
Sentinel Event Analysis
Study Questions
Further Reading
References
Chapter 15 Themes and Root Causes of Forensic Science Errors in Wrongful Convictions
Theme: Hindsight Is 20-20
Theme: Errors Are Inevitable
Theme: Forensic Science Organizations Are High-Reliability Organizations
Cause: Lower-Level Deficiencies May Lead to Serious Errors if Left Unresolved
Cause: Forensic Science Organizations May Not Conduct Root-Cause Analysis of Serious Deficiencies
Cause: Front-Line Forensic Examiners May Be Devalued Relative to Managers or Sworn Personnel
Cause: The Organization May Lack Adequate Quality Assurance Mechanisms to Prevent Forensic Science Errors
Cause: Governance Mechanisms Must Promote Transparency and Accountability in Forensic Science Organizations
Theme: Current Governance Mechanisms Do Not Provide Adequate Oversight of Forensic Science Practitioners and Organizations
Cause: Some Forensic Experts Exist Outside the Governance Mechanisms of the Forensic Science Community
Cause: Some Forensic Disciplines Exist Outside the Governance Mechanisms of the Forensic Science Community
Theme: All Errors by Individuals Relate to System Deficiencies
Theme: Most Individuals Who Contributed to a Wrongful Conviction Made Honest Mistakes
Cause: “Bad apple” Examiners Cause Wrongful Convictions
Cause: The Forensic Examiner May Have Lacked Training in the Application of the Forensic Discipline
Cause: The Examiner May Have Lacked Rigorous Certification
Cause: The Forensic Examiner May Have Been Subject to Cognitive Bias
Cause: Subjective Interpretation Frameworks May Exacerbate Cognitive Bias Effects and Lead to Forensic Errors
Cause: Forensic Examiners May Produce Fraudulent Results
Cause: Other Criminal Justice Practitioners May Engage in Official Misconduct and Misuse Forensic Evidence
Theme: System Errors Are the Primary Cause of Forensic Science Errors
Theme: Forensic Science Errors May Arise at Any Point in The Criminal Justice System and Are Not Necessarily Errors by Forensic Scientists
Cause: A Forensic Science Error May Be Related to Crime Scene Investigation, Police Investigation, or an Officer of the Court
Theme: The Criminal Justice System Is Poorly Equipped to Handle Forensic Evidence Reliably
Cause: Police Investigators May Exhibit Tunnel Vision and Continuation Bias in Which They Ignore or Discount Forensic Evidence That Detracts from Their Original Hypothesis
Cause: Forensic Laboratories May Not Communicate the Probative Value of Forensic Evidence to Police Investigators and Fact Finders
Cause: Courts Have Accepted Forensic Methods with Inadequate Scientific Foundations
Cause: Courts Have Failed to Limit the Scope of Expert Testimony to the Technical Area That Was Subject to Voir Dire
Cause: Courts Do Not Consider Input from Scientific Bodies Concerning the Admissibility and Scope of Expert Testimony
Theme: There Is an Adversarial Deficit in Which Defendants Do Not Have Access to Adequate Expertise in the Understanding and Review of Forensic Evidence
Cause: Defense Attorneys May Not Have the Expertise to Use Forensic Evidence Effectively
Cause: Defense Attorneys May Not Have the Resources to Review or Challenge Forensic Evidence
Theme: There Are Important Differences Among the Forensic Disciplines with Respect to Their Vulnerability to Errors
Cause: Feature Distortions May Be Comparable to Source Feature Variability in Some Pattern Evidence Disciplines and Require Further Scientific Study
Cause: Examiners May Not Account for Analysis and Interpretation Uncertainties in Highly Reliable Forensic Disciplines
Cause: Subjective Disciplines May Lack Standards and Governance to Account for Bias, Variability, and Scientific Validity
Cause: Unvalidated Forensic Methods Contribute to Forensic Errors and Wrongful Convictions
Theme: Reliable Forensic Science Requires the Development and Enforcement of Scientific Standards
Cause: Forensic Science Errors May Result from Failure to Develop and Enforce Scientific Standards Related to Forensic Methods
Cause: Forensic Science Errors May Result from Failure to Develop and Enforce Scientific Standards Related to Forensic Interpretation
Cause: Forensic Science Errors May Result from Failure to Develop and Enforce Scientific Standards Related to Forensic Reports and Testimony
Theme: New Science and Technology Can Improve the Probative Value of Forensic Evidence and Prevent Wrongful Convictions
Cause: Validated Methods May Adopt Innovations That Are Not Validated or Recognized by the Courts
References
Index