I am sure that a lot of goofy things can and will be done by folks to call some instrument “calibrated.” Some places simply do a calibration check at one point and presume linearity across a range. Lunacy. What forensic science should have in its analytical instruments is “true scientific instrument calibration” which is part […]
A Forensic Measurement Device is Not an X Box
In forensic science there are many analytical instruments that are used to identify and quantify. For example, there is Gas Chromatography and Breath Testuing Devices (infrared spectroscopy or electrochemical) in DUI. When these devices are deployed in the field or in the laboratory, they are not properly deployed. What we have in forensic science is […]
Voice Stress Analysis Challenges
Voice Stress Analysis Challenges The speculation behind how Voice Stress Analysis (VSA) works is based upon the following premise: liars experience more psychological stress when lying than truth tellers do when they tell the truth. The notion is that this psychological stress results in minor changes in the blood circulation, which subsequently influences various characteristics […]
The scariest words in criminal court: “Based upon my training, knowledge and experience”
Seven little words have likely cause more convictions than anything else in all of criminal law combined: “Based upon my training, knowledge and experience.” Every day, in thousands of courtrooms all across the Untied States this phrase is uttered. It has come to be the sine qua non in all criminal prosecutions. Many times it […]
GERD and breath alcohol testing: NHTSA misunderstands the epiglottitis and other curious statments
GERD and breath alcohol testing The National Highway Traffic Safety Administration (NHTSA) recently published its newest taxpayer publication related to DUI prosecution entitled: Challenges and Defenses II. These publications have generally been a hoot to read. There is a discussion in that publication on what it terms “The Gastroesophageal reflux disease (GERD) defense.” In reality, […]
False Child Abuse Charge: Misinterpretation of Child Injuries
False Child Abuse Charge: Misinterpretation of Child Injuries Can you imagine of being accused of child abuse? As a father of a five year old, I cannot imagine being accused of a worse crime. I love my daughter. To think that anyone would think that I would be capable of hurting her is so incredibly […]
DNA post-conviction-DA objections
DNA post-conviction-DA objections It is unfortunate when we read about District Attorney’s offices that object to DNA testing in post-conviction cases. They often cite that the prisoner is untimely in his or her request and there is no statutory basis for it. They argue that the conviction has become final. It seems in so arguing […]
Conviction Integrity Unit- A good idea
Dallas County District Attorney Craig Watkins has done something unusual with his tenure as being District Attorney. In 2007, he established a Conviction Integrity Unit. He has set aside a portion of his budget and human resources to look over old cases and determine through the use of DNA whether or not the convictions are […]
Hands-on DNA Training for Lawyers
Hands-on DNA Training for Lawyers On November 15-17, 2013, the defense bar got a big boost in its quest to promote justice. In over 23 hours of hands on training, twenty attorneys assembled at Boise State University to learn DNA analysis. The course itself was taught by Dr. Greg Hampikian, Laura Wendell and Mike Davis. […]
SFSTs are unproven assumptions– “on her most gymnastic day”
The change to the SFSTs Very recently the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA) published their new Standardized Field Sobriety Test (SFST) opus. Here is the link to the new 2013 Guide: http://www.tdcaa.com/sites/default/files/page/2013%20SFST%20Participant%20Manual.pdf In the new 2013 version of the SFST Guide (note the change in […]
What does it mean to be NIST traceable?
What does it mean to be NIST traceable? By Janine Arviszu, Certified Quality Auditor [Editor’s note: Too frequently in forensic science, laboratories or laboratory personnel claim that their process or even their whole laboratory is “NIST traceable” as if to act as a shield to ward off external validation. In this article expert witness Janine […]