This is a multipart series that will examine the prosecution of controlled substance “analogs” by both the state and federal governments. Part one: The controlling law Part two: What is an analog? The scientific problem Part three: Efforts to define analog Part four: Ohio v. Silmi et al. Judge John J. Russo of the Cuyahoga County Common […]
Thoughts on Business Records Exception and Forensic Science
As lawyers who read this blog are aware, there is an exception to the hearsay rule under Rule 803(6) of the Federal Rules of Evidence (FRE) or a state corollary called the business records exception. This allows in documents into substantive evidence with only the custodian of records or other qualified witness being present to authenticate […]
There are no shortcuts to justice: Justice and Forensics are not a throughput exercise
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 […]
The importance of calibration in forensic science
The act of calibration is the imperfect scientific action that underlies the validity of the subsequent testing of unknowns. A scientific and properly conducted valid calibration action can possibly yield a valid result. A poor and improperly conducted calibration action will always result in non-validated results and maybe even invalid results. Even within batch calibration […]
A Great Article in American Laboratory
As I have written before and will unfortunately have to keep on writing, forensic science is like the “wild, wild west.” Just like in the bygone days of the wild wild west, in forensic science today there is a lack of the rule of law, some vigilantes, some rough characters who are up to no […]
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, […]
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 […]
Chain of Custody: The essential forensic link
The chain of custody is known as the forensic link. It is essential. It’s proper documentation differentiates between it and other forms of medical/biological testing. It serves two major purposes, if done correctly. First, it forms a receipt of who had it when and who had it next. This is the typical and tradition notion […]
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 […]
National Science Foundation Science and Engineering Indicators 2012 paints a grim picture of jurors
Many a time I have scratched my head baffled at juries, prosecutors, and even judges who just seemingly hate science. I am not talking about competing legitimate theories rooted in science, but rather intentional ignorance or flat-out denial in favor of the unsupported or pseudo-scientific. The National Science Foundation just released its findings about scientific […]
Garbage conclusory reports
One of the more frustrating things that criminal defense attorneys run into are garbage conclusory reports. One of the common misperceptions is that the lawyer for the accused gets information from the crime laboratory upon demand. This is not so. What we usually get can best be characterized as garbage conclusory reports. These garbage conclusory […]
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