Guest Blog Post From Dr. Frederic Whitehurst PhD JD: “Matches” An Over inference of Data? A Giglio Obligation? The case of Paint Examination

Guest Blog Post From Dr. Frederic Whitehurst PhD JD: “Matches” An Over inference of Data? A Giglio Obligation? The case of Paint Examination

On February 9, 2012, in Chemistry, Contextual Bias, Ethics, Ethics: Scientist, Identification, In The Courtroom, Paint Analysis, Trace Evidence, by Justin J. McShane

“Matches” An Over inference of Data? A Giglio Obligation?: The case of Paint Examination By:  Frederic Whitehurst, J.D., Ph.D. [1] and Darlene R. Brezinski, Ph.D.[2] Forensic chemical analyses of complex matrices such as plastics, paints, or paper products, may lead to inconclusive results without analysts or reviewing counsel aware of the failing of the analyses. Complex […]

Guest Blog Post From Dr. Frederic Whitehurst PhD JD: Mr. Fletcher vs. Mr. Daubert A Journey into the Surreal

Guest Blog Post From Dr. Frederic Whitehurst PhD JD: Mr. Fletcher vs. Mr. Daubert A Journey into the Surreal

On February 2, 2012, in Chemistry, Contextual Bias, Identification, In The Courtroom, Laboratory Procedure, Solid Drug Dose, by Justin J. McShane

Mr. Fletcher vs. Mr. Daubert: A Journey into the Surreal   By:  Frederic Whitehurst, J.D., Ph.D. Many a defense attorney has looked in amazement at the courtroom “identification” of Cannabis Sativa L. by a law enforcement officer sporting a gilded pot metal badge and a high school diploma who has written a report that would […]

Ben Goldacre helps us to evaluate science and shows publication bias

Ben Goldacre helps us to evaluate science and shows publication bias

On October 6, 2011, in Contextual Bias, Ethics: Lawyer, Ethics: Scientist, General Information, In The Courtroom, by Justin J. McShane

Often on this blog we have exposed that which has been deemed “scientific” and revealed it to better categorized as science fiction. So, the question becomes how do we distinguish between true science based  upon sound research and transparent from pseudo-science or science fiction that has somehow entered into the courtroom as both are termed […]

Limitations of Forensic Odontology

Limitations of Forensic Odontology

On September 15, 2011, in Contextual Bias, Ethics, Ethics: Scientist, Identification, In The Courtroom, Odontology, Pattern Recognition, Standards, by Justin J. McShane

In the past, we have blogged on the severe limitations on pattern recognition as a forensic science discipline. (Pattern Recognition is it Science or an Art?). In fact, the National Research Council of the National Academy of Sciences pointed to one form a pattern recognition as being most problematic: forensic odontology. Most broadly defined, it is […]

False Conclusions and False Convictions: Attempts of Elucidating Pharmacodynamic Effect from an Analytical Chemistry Result-How Solely an Analytical Chemistry Result in a DUID Prosecution Cannot Scientifically Support a Conclusion of Driving Under the Influence of Drugs

False Conclusions and False Convictions: Attempts of Elucidating Pharmacodynamic Effect from an Analytical Chemistry Result-How Solely an Analytical Chemistry Result in a DUID Prosecution Cannot Scientifically Support a Conclusion of Driving Under the Influence of Drugs

On March 22, 2011, in Chemistry, Contextual Bias, Identification, In The Courtroom, by Justin J. McShane

False Conclusions and False Convictions: Attempts of Elucidating Pharmacodynamic Effect from an Analytical Chemistry Result-How Solely an Analytical Chemistry Result in a DUID Prosecution Cannot Scientifically Support a Conclusion of Driving Under the Influence of Drugs To download this post as a finished pdf article please click on the below: False Conclusions and False Convictions- […]

Today’s accepted science is subject to review and is evolutionary

Today’s accepted science is subject to review and is evolutionary

On December 2, 2010, in Chemistry, Contextual Bias, Ethics, Ethics: Lawyer, Ethics: Scientist, General Information, by Justin J. McShane

Science is a wonderful thing.  It is perhaps the greatest organized device known for discovering the truth.  However, it is not infallible.  Today’s scientific axiom is tomorrow’s discredited idea.  That is why I suggest that we as lawyers dealing with forensic science related aspects are living in a great time of fundamental change.  It is […]

The prosecution is the enemy of good science

The prosecution is the enemy of good science

On April 6, 2010, in Contextual Bias, Ethics: Lawyer, Ethics: Scientist, General Information, In The Courtroom, Metrology, by Justin J. McShane

The criminal defense attorney is truly not the enemy of forensic science, the prosecution is.  That is a pretty bold statement, but it is true.  The way that prosecutor’s present forensic science in the Courtroom is the biggest hindrance to the truth. I took the time to go out and attend the 62nd annual conference […]

Blind and Open Experiments and Observer Bias

Blind and Open Experiments and Observer Bias

On February 23, 2010, in Contextual Bias, by Justin J. McShane

In true science there is a difference between a blind experiment and open experiment.  The blind method is a part of the scientific method. The blind experimental model is used to prevent research outcomes from being influenced by observer bias.  Observer bias is also called observer-expectancy effect (also called the experimenter-expectancy effect, observer effect, contextual […]