In science, we can have fast, or good, or cheap. We cannot have all three. When it comes to criminal justice, we as a society need to continue to require that only quality forensic science enter a courtroom. Fast is lazy. Fast is risky. Fast is not good. Fast is not justice. The latest example […]
An Interview between Mike Nichols (MI) and Justin McShane on Evidentiary Breath Testing
The following is an interview that attorney and author Mike Nichols of Michigan had with Justin J. McShane. In this interview they discuss Evidentiary Breath Testing and the recent Pennsylvania litigation concerning the validity of these BrAC measurements. Justin Mcshane Interview from The McShane Firm on Vimeo.
Actual Innocence Knows No Time Bar: Texas and Senator John Whitmire and State Rep. Sylvester Turner Lead the Way
I defy anyone to logically put forth an argument that it is ever “ok” in our modern world to allow someone who is objectively innocent spend one minute in jail. If you exist, then we would really like to hear from you. Incredibly, all across the United States and even in our federal court system, […]
Heaven forbid, the State Crime Lab has to actually prove it!
What a bizzaro world we live in! Heaven forbid, the State Crime Lab actually has to prove that the green leafy substance is in fact the illegal substance. Wow! What a novel concept. This is what was actually said OUTLOUD by the head of their crime lab: “We have to not just validate instruments, but […]
The sad story of 12 cents. Why following directions has to matter: The Lebanon County, PA DUI Good Samaritan Hospital Scandal
What does 12 cents buy you these days? Nothing I know of. But in law in Lebanon County, it is the total difference between valid and non-validated testing. It is the literal price of justice. All because good Samaritan Hospital wanted to save 12 cents per test and the local DA did not ask to […]
You know what really grinds my gears? Tax money that unfairly excludes defense attorneys from forensic science education
I pay my taxes. A lot of them. I vote. So I have earned the right to complain. So I shall. Does anyone see what is wrong with the below…. This is tax payer funded education that is only open to prosecutors. And that is wrong! Shame on WVU! Shame on our government! Justice comes […]
In chromatography, you see what they want you to see: Get the Electronic Data Files
In chromatography, you see what they want you to see: Get the Electronic Data Files By: Justin J. McShane, JD, F-AIC and Josh D. Lee, JD What evil lies in the heart of man? The Shadow knows… What evil may lie in the heart of chromatographers? The Electronic Data Files (EDF) know… In courtrooms all […]
What can the Lennay Kekua and Manti Te’o craziness teach us in forensic science?
If you haven’t heard the developing story about Notre Dame superstar Manti Te’o and his girlfriend Lennay Kekua, then you are living under a rock. According to ESPN reporters, if you believe Manti’s side of the story he was tricked into believing that the love of his young life existed, and that although he never […]
A New ACS Course that Teaches Lawyers About Forensic Drug Analysis
In my last post, I questioned “What’s wrong with Forensic Science? Criminal Defense Attorneys That’s What’s Wrong.” We, the defense bar, need to become better educated in the science of forensic science. We have to get training not simply in what the police or police scientists are taught (how to be a button pusher), but […]
What’s wrong with Forensic Science? Criminal Defense Attorneys That’s What’s Wrong
This blog was created because I was sick and tired of the state of forensic science in American courtrooms. We could do better and we must do better was my thought. So rather than sit around and lament on how unfair the world is and how injustice happens, I created this blog. And I am […]
Pennsylvania State Police Agree to Halt Evidential Breath Testing in PA
Breaking News: According to the Legal Intelligencer article “Breath-Test Ruling Could Affect Thousands of DUI Cases,” in reaction to our firm’s successful litigation of Commonwealth v. Jason Schildt, and the Linear Dynamic Range Challenge, the Pennsylvania State Police have agreed to halt all evidentiary breath testing in Pennsylvania. According to reporter Zack Needles: In fact, the […]