Contextual Bias | The Truth About Forensic Science

Should Toxicologists Be Part of the “Prosecution Team”?

On February 26, 2014, in Contextual Bias, Ethics, Ethics: Scientist, Lab Scandals & Failures, Pharmacology, by Justin J. McShane

Should Toxicologists Be Part of the “Prosecution Team”? At this year’s AAFS meeting, Chuck Hayes of the International Association of the Chiefs of Police gave a thought provoking presentation about the DRE program in the Toxicology Section. I was there in person. It was entitled “Re-examining the ‘Three Legged Stool’ Approach to Deterring Drugged Driving.” […]

The Charles Smith Blog reports on the handwriting examination section of the Oregon State Police Crime Laboratory closing

On February 16, 2014, in Contextual Bias, Handwriting Analysis, In The Courtroom, Pattern Recognition, by Justin J. McShane

I have been a long time fan of The Charles Smith Blog. It is firmly rooted in my Feedly RSS reader. It should be one of your regulars too. It always provides for great summaries of the forensic science stories that are in the news. For example here is his great treatment on the closing […]

What is the relevant scientific community for the Drug Recognition Expert?

On December 27, 2013, in Announcements, Contextual Bias, Pharmacology, by Justin J. McShane

What is the relevant scientific community for the Drug Recognition Expert? I, like an astonishing 500 million people, have a Facebook profile. I primarily use it to connect with friends and colleagues. I like it a lot. One day, Facebook suggested that I try to join the group DrugRecognitionExpert. The page states: Simply, this Facebook-based […]

False Child Abuse Charge: Misinterpretation of Child Injuries

On December 3, 2013, in Child Abuse, Contextual Bias, by Justin J. McShane

False Child Abuse Charge: Misinterpretation of Child Injuries Can you imagine of being accused of child abuse? As a father of a five year old, I cannot imagine being accused of a worse crime. I love my daughter. To think that anyone would think that I would be capable of hurting her is so incredibly […]

Cognitive Bias Redux

On May 23, 2013, in Contextual Bias, Ethics: Scientist, by Justin J. McShane

I read a very interesting article on bias. As we have discussed before bias permeates all forms of science and in particular forensic science. It provoked some thoughts. I wanted to pass it along in homes it might The Trouble With “Limitations” In Science By Neuroskeptic | May 16, 2013 4:09 pm Is it always good […]

Eyewitness identification: Why do people get it wrong

On October 4, 2012, in Contextual Bias, Eyewitness Identification, In The Courtroom, by Justin J. McShane

I just watched a TED talk that I liked a lot. I thought I would share it with you. Enjoy, I did. Scott Fraser studies how humans remember crimes — and bear witness to them. In this powerful talk, which focuses on a deadly shooting at sunset, he suggests that even close-up eyewitnesses to a […]

Guest Blog Post From Dr. Frederic Whitehurst PhD JD: Of moos and clucks-the myth of FTIR identification

On March 8, 2012, in Chemistry, Contextual Bias, Equipment, Ethics, Ethics: Scientist, Identification, In The Courtroom, Infrared Spectroscopy, Solid Drug Dose, by Justin J. McShane

Of moos and clucks-the myth of FTIR identification By: Frederic Whitehurst, J.D., Ph.D. [1] OK, so we will now discuss moos and clucks. Which is the basis for the problem with Fourier Transform Infrared Spectroscopy (FTIR) in forensic science. [2] If you close your eyes in a stock yard you can’t tell what moo came […]

Guest Blog Post From Dr. Frederic Whitehurst PhD JD: Circuitous thought-the myth of reliable and valid marijuana identification in the courtroom

On March 1, 2012, in Chemistry, Contextual Bias, Equipment, Ethics, Ethics: Scientist, Identification, In The Courtroom, Solid Drug Dose, by Justin J. McShane

Circuitous thought-the myth of reliable and valid marijuana identification in the courtroom By: Frederic Whitehurst, J.D., Ph.D. [1] As scientists we all agree that the hallmarks of science are validity and reliability. What do we mean by that? Well, the government scientist has to agree that his method of answering a question put to him […]

The myth of the neutral scientist doing forensic science

On February 28, 2012, in Contextual Bias, Ethics: Scientist, General Information, In The Courtroom, Laboratory Procedure, by Justin J. McShane

One of the most ridiculous claims that I hear in court is a claim by a forensic technician or expert witness (regardless of what particular discipline he or she is from) that somehow he or she is a neutral and detached scientist doing science, and therefore he or she has no bias whatsoever. This total […]

Guest Blog Post From Dr. Frederic Whitehurst PhD JD: Forensic Science “Matches”-The Case of Black Powder

On February 16, 2012, in Arson, Chemistry, Contextual Bias, Crime Scene Investigation, Identification, In The Courtroom, by Justin J. McShane

Forensic Science “Matches”-The Case of Black Powder By: Frederic Whitehurst, J.D., Ph.D. [1] While reviewing case opinions in criminal matters involving forensic examinations one is often presented with various adjectives of comparison such as “matches,” “consistent with,” and “identical to.” Counsel seeing these adjectives in forensic reports may be elated if legal theories are supported […]

Why not stipulate to a forensic science result?

On February 14, 2012, in Chemistry, Contextual Bias, Equipment, Ethics, Ethics: Lawyer, General Information, In The Courtroom, by Justin J. McShane

I was recently asked a question which is basically this: “Justin, why don’t you stipulate to any forensic science result ever?” My answer is simple. I haven’t found a single analytical test or a single forensic science result that does not have some area of legitimate inquiry whether it is in the data (the test […]

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