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 […]
Guest Blog Post From Dr. Frederic Whitehurst PhD JD: “Matches” An Over inference of Data? A Giglio Obligation? The case of Paint Examination
“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
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?
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 […]
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
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
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: […]
A collosial waste of taxpayer money all in the name of forensics
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 […]
We are the problem-Criminal Defense Attorneys
Has the criminal defense community been like Bill Buckner and letting the easy grounders gently roll past us? I think so. Perhaps too frequently in this blog, we highlight what is wrong with forensic science. What is one of the biggest problems (and may even be the biggest problem) is the incredible lack of interest […]
Dry-labbing leads to…. early retirement
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?
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 […]
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