How many wrongful convcitions are out there?

How many wrongful convcitions are out there?

The cost of phony forensic science is extreme. Finally the mainstream press is starting to notice the chance of false conviction is higher than traditionally thought… Largest compilation of exonerations ever finds over 2,000 falsely convicted over past 23 years WASHINGTON — More than 2,000 people who were falsely convicted of serious crimes have been […]

ACS Hands-on Forensic Chromatography VI class

ACS Hands-on Forensic Chromatography VI class

One of my favorite things to do is to spread the word of good, legitimate and validated science to lawyers and in particular the defense bar. There is a phrase that many people use to describe the criminal defense lawyers. They call them liberty’s last champion (and in fact it is NACDL’s logo). And it […]

It’s not all doom and gloom, is it?

It’s not all doom and gloom, is it?

Frequently on this blog we talk about what is wrong in forensic science. We expose limitations on assays, under-qualifications of people, and whole scale lack of meaningful validation of the methods used. All of this is true, but there is one great movement forward in the equation: the education of defense attorneys. There is but […]

Score one for Science: The DRE program is found to be unreliable and not admissible

Score one for Science: The DRE program is found to be unreliable and not admissible

As I have blogged before DUID cases should be very difficult to prosecute due to the pharmacological differences among us. In this six part post we started to explore all of this: Part 1. Intro­duc­tion Part 2. Phar­ma­co­ki­net­ics Part 3. Phar­ma­co­dy­nam­ics Part 4. Bioavail­abilty Part 5. “Free ver­sus Bound Drug“ Part 6. Elu­ci­dat­ing Phar­ma­co­dy­namic Effect […]

The Confrontation Clause: Who has to show up in court and why

The Confrontation Clause: Who has to show up in court and why

The below is a full lecture on the Confrontation Clause and the explanation of the “Primary Purpose Rule,” the “Particular Witness Rule,” and an examination of all of the current cases as decided or pending before the United States Supreme Court. This lecture is presented from a practical point of view for the benefit of […]

The definition of courage and personal integrity

The definition of courage and personal integrity

The life of a criminal defense attorney is not glamorous. Typically, it’s far from it. We are derided by society for simply existing. When we take on socially controversial cases or causes or category of accused, we become the embodiment of that case or cause or that category and frequently become the focal point of […]

Why not stipulate to a forensic science result?

Why not stipulate to a forensic science result?

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 […]

First, let’s educate all of the lawyers

First, let’s educate all of the lawyers

The great Bard once penned: All: God save your majesty! Cade: I thank you, good people—there shall be no money; all shall eat and drink on my score, and I will apparel them all in one livery, that they may agree like brothers, and worship me their lord. Dick: The first thing we do, let’s […]

What criminal defense attorneys do, matters

What criminal defense attorneys do, matters

You know what? Standing up for what is right, good and legal is not easy. Being a criminal defense lawyer is difficult. it takes daily re-dedication. It can be depressing in that the cards are stacked against the accused, the system largely is impervious to systemic changes. We get yelled at by judges. The behavior […]

Williams v. Illinois: The Confrontation Clause Rights in light of modern forensic science

Williams v. Illinois: The Confrontation Clause Rights in light of modern forensic science

On December 6, 2011, the Unites States Supreme Court heard argument in the case of Williams v. Illinois. The transcripts of the oral argument can is available on the Supreme Court of the United States website. Some information so you can understand the facts and the subsequent analysis that I offer: Summary of the Facts: […]