Well, here it is at last. Check out this recent article from WashPo:
Bad science puts innocent people in jail — and keeps them there
(Washington Post)
How discredited experts and fields of forensics keep sneaking into courtrooms.
By Radley Balko and Tucker Carrington (March 21, 2018)
…Since the onset in the 1990s of DNA testing — which, unlike most fields of forensics, was born in the scientific community — we’ve learned that many forensic specialities aren’t nearly as accurate as their practitioners have claimed. Studies from the National Academy of Sciences* and the President’s Council of Advisors on Science and Technology have concluded that there’s insufficient research to support the claims of the broad field of “pattern matching” forensics, which includes analyses of such things as hair fiber, bite marks, “tool marks” and tire tread.
These forensic specialties were never subjected to the rigors of scientific inquiry — double-blind testing, peer review — before they were accepted in courtrooms. Most are entirely subjective: An analyst will look at two marks or patterns and determine whether they’re a “match.” Most of these disciplines can’t even calculate a margin of error.
The scientific process is slow and deliberate: A study is published. Other studies verify, contradict or refine its results. There’s no set point at which science declares a theory proven or disproven. It’s about the process itself and the gradual accumulation of knowledge.
. . .
At the trial level, juries hear far too much dubious science, whether it’s an unproven field like bite mark matching or blood splatter analysis, exaggerated claims in a field like hair fiber analysis, or analysts testifying outside their area of expertise. It’s difficult to say how many convictions have involved faulty or suspect forensics, but the FBI estimated in 2015 that its hair fiber analysts had testified in about 3,000 cases — and that’s merely one subspecialty of forensics, and only at the federal level. Extrapolating from the database of DNA exonerations, the Innocence Project estimates that bad forensics contributes to about 45 percent of wrongful convictions.
. . .
Once they’ve been convicted because of expert testimony of dubious scientific validity, defendants are usually on their own to find an attorney to challenge that evidence after the fact. And they face daunting procedural barriers. Where science questions the wisdom of the past, the legal system tends to rely on it. So once expert testimony is allowed and a verdict is rendered, the courts put a premium on finality — on precedent and consistency. At that point, even good science often can’t fix the error.
. . .
Our courts strive for finality because, the thinking goes, if verdicts can be overturned on a whim, the public will lose faith in the integrity of the system. And if the courts were to truly reckon with the mess wrought by bad forensics, we’d see a lot of overturned verdicts, certainly enough to sow doubt about the system.
But refusing to rectify unjust verdicts doesn’t preserve the integrity of our system, only the appearance of it. Meanwhile, innocent people remain behind bars.
*National Academy of Sciences: "The forensic science disciplines currently are an assortment of methods and practices used in both the public and private arenas. Forensic science facilities exhibit wide variability in capacity, oversight, staffing, certification, and accreditation across federal and state jurisdictions. Too often they have inadequate educational programs, and they typically lack mandatory and enforceable standards, founded on rigorous research and testing, certification requirements, and accreditation programs. Additionally, forensic science and forensic pathology research, education, and training lack strong ties to our research universities and national science assets...." (My emphasis.)
SEE ALSO
OC Crime-Lab Boss Dodges Inquiry About Forensic-Science Flip-Flops in Murder Cases
(OC Weekly; Scott Moxley; March 28, 2018)
