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Forensic science reform: Former US Attorney General Alberto Gonzales says in 'U.S.A. Today' that the American criminal justice system wrongs too many - and that the rise in exonerations of convicted criminals must spur forensic science reform, more access to lawyers and tougher oversight of police and prosecutors." (Must Read. HL);
COMMENTARY: "Justice system harms too many," by former U.S. Attorney General Alberto R. Gonzales, published by U.S.A. Today, on February 10, 2016. (Alberto R. Gonzales, the attorney general and White House counsel in the George W. Bush administration, is the Dean and Doyle Rogers Distinguished Professor of Law at Belmont University College of Law.)
SUB-HEADING: "The rise in exonerations of convicted criminals must spur forensic science reform, more access to lawyers and tougher oversight of police and prosecutors."GIST: "Among
my many responsibilities as attorney general of the United States was
to do everything in my power to ensure that justice remains blind and is
dispensed without regard to skin color or ZIP code. I support tough
justice, but to be justice at all, only the guilty must be punished. My
experience and growing data on exonerations reveal a troubling picture
of American justice today, one that requires action. Forensic science, which we have long relied upon to determine guilt or innocence in this country, is not as solid a foundation as we thought. Subjective,
pattern-based forensic techniques such as bite mark, hair comparison
and even fingerprint analysis might not have sufficient scientific
foundation. Even certain types of DNA analysis are now open to
reasonable questions about their capacity to connect a specific
individual to a crime. A National Academy of Sciences report warns that
there is insufficient training and education of researchers,
technicians and crime scene technicians and no meaningful reliability
testing to explain the limits of these disciplines. Last spring, the FBI acknowledged
that for two decades, examiners in an FBI forensic unit gave flawed
testimony in virtually every trial in which they offered evidence. Convictions based on testimony that systematically supported prosecutors are now being re-evaluated. Legislation to help address concerns over forensic science by mandating uniform standards and accreditation for crime labs is stalled in a Senate turf battle. Congress, law enforcement, the defense bar and the scientific community must work together to end this logjam. Flawed
science is not the only source of wrongful convictions. The police and
prosecutors deserve our gratitude for putting their lives and
reputations on the line every day, but law enforcement and prosecutorial
misconduct are also a factor. Occasionally, a police officer or a prosecutor makes a mistake, and exculpatory evidence is tainted, destroyed or misplaced. Carelessness and mistakes can be reduced with additional training, supervision and discipline. The
record of past exonerations makes clear that intentional acts to
destroy or withhold evidence are not unheard of. Such acts must be met
with a swift and sure response. If an officer or prosecutor
intentionally does something wrong, that person should be held
accountable. No responsible law enforcement official wants to serve with
those who do not abide by the law, but the current disciplinary system
is not doing enough."PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I
have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site.
The
Toronto Star, my previous employer for more than twenty incredible
years, has put considerable effort into exposing the harm caused by Dr.
Charles Smith and his protectors - and into pushing for reform of
Ontario's forensic pediatric pathology system. The Star has a "topic"
section which focuses on recent stories related to Dr. Charles Smith. It
can be found at:
http://www.thestar.com/topic/charlessmith
