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

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 […]

Zero is not a valid data point for calibration purposes

Zero is not a valid data point for calibration purposes

On March 6, 2012, in Chemistry, Equipment, Ethics, Ethics: Scientist, Identification, In The Courtroom, Laboratory Procedure, Metrology, by Justin J. McShane

When the quantitative measurement really matters to determine guilt, we have to understand how that measurement is achieved. In the case of the analysis of biological samples that are tested, quantitation of an unknown is derived from a calibration curve. The proper construction of the calibration curve is a crucial component of quality control. It […]

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

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

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: “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 […]

Quality Control in GC-FID: Teaching the machine right from wrong

Quality Control in GC-FID: Teaching the machine right from wrong

On February 7, 2012, in Chemistry, Equipment, Ethics, Ethics: Scientist, GC-FID & GC/MS, Identification, In The Courtroom, Laboratory Procedure, Metrology, Standards, by Justin J. McShane

It is shocking but very true statement that most sophisticated instruments such as a Gas Chromatograph (GC) with various detectors whether it is a mass spectrometer (MS) or flame ionization detector (FID) when produced and manufactured are incapable of producing meaningful results “straight out of the box.” These machines have to be “taught” what it […]

The myth of specific identification of Marijuana in criminal court Part 7: Is there a better way to test for marijuana?

The myth of specific identification of Marijuana in criminal court Part 7: Is there a better way to test for marijuana?

On January 31, 2012, in Chemistry, Equipment, Ethics, Ethics: Scientist, Identification, In The Courtroom, Solid Drug Dose, by Justin J. McShane

Throughout this series of posts we have examined the Thorton-Nakumura protocol that is used throughout the United States for the prosecution of illegal possession marijuana. A fair examination of the question reveals that there is no validity to the notion that the 3 test regimen produces a valid conclusion that the unknown examined in fact […]

A collosial waste of taxpayer money all in the name of forensics

A collosial waste of taxpayer money all in the name of forensics

On November 29, 2011, in DNA, Equipment, Ethics, Ethics: Lawyer, Ethics: Scientist, by Justin J. McShane

I have seen a lot of government waste all in the name of forensic science, but this one is utterly foolish. It needs nothing but it’s straight fact reporting… Flashy $330,000 DNA Bus Bought by County Designed by the company that built Dr. Oz’s jumbo bus, the vehicle will collect DNA samples and serve as […]

Dry-labbing leads to…. early retirement

Dry-labbing leads to…. early retirement

On October 25, 2011, in Ethics, Ethics: Scientist, Lab Scandals & Failures, Laboratory Procedure, by Justin J. McShane

Perhaps nothing irks me more than reading about dry-labbing. In case you have never heard of it dry-labbing is a phenomenon whereby the laboratory analyst reports out a result but actually did no testing whatsoever. Dry-labbing in a crime laboratory is particularly dangerous given that crime laboratories are notoriously opaque and absolutely not transparent. Data […]

The Learned Treatise: An Appeal to Authority… is that misleading?

The Learned Treatise: An Appeal to Authority… is that misleading?

On October 11, 2011, in Ethics: Lawyer, Ethics: Scientist, General Information, In The Courtroom, by Justin J. McShane

Scientists and lawyers don’t see eye-to-eye. That is not much of a surprise. On the one hand, science should be about appeal to data. On the other hand, law is about an appeal to authority (stare decisis). But what is surprising is the legal framework that addresses the scientific world does not embrace the scientific […]

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 […]