[Editor’s note: One of the non-substantive attacks that certain prosecutor’s use is to try to paint the expert called by the defense as a “hired gun” or a “whore” who will say anything for money. This is a regrettable tactic that has no substantive merit to the case itself and does little to promote the […]
National Forensic Science Commission and NIST Guidance Groups
On Wednesday, I attended the American Academy of Forensic Science “Special Session #1: Interdisciplinary Session: A National Forensic Sciences Enterprise and Transparency in Forensic Science: Legal and Practitioner Views on Our Path Forward.” Professor Kennth E Melson gave an update on the national efforts to establish what he terms as a sort of “forensic science […]
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 […]
How to properly calibrate a machine
In our last post we examined “The importance of calibration in forensic science.” Now I want to drive down deeper into this issue. The calibration of a machine represents the very best results that that machine can ever preform. Over time, through use or non-use, a given machine will not gain tighter precision; it will […]
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 […]
The Truth About Forensic Science Blog at the American Academy of Forensic Sciences Meeting
For the fourth year in a row, The Truth About Forensic Science blog is at the American Academy of Forensic Sciences annual meeting. Specifically, Justin J. McShane, JD, F-AIC is co-chairing Scientific Workshop #14 which is entitled “Melendez-Diaz, Bullcoming, and Williams: Scientific Evidence and the Right to Confrontation” which is being held in Washington […]
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 […]
An Interview between Mike Nichols (MI) and Justin McShane on Evidentiary Breath Testing
The following is an interview that attorney and author Mike Nichols of Michigan had with Justin J. McShane. In this interview they discuss Evidentiary Breath Testing and the recent Pennsylvania litigation concerning the validity of these BrAC measurements. Justin Mcshane Interview from The McShane Firm on Vimeo.
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, […]
Heaven forbid, the State Crime Lab has to actually prove it!
What a bizzaro world we live in! Heaven forbid, the State Crime Lab actually has to prove that the green leafy substance is in fact the illegal substance. Wow! What a novel concept. This is what was actually said OUTLOUD by the head of their crime lab: “We have to not just validate instruments, but […]
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 […]
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