COMMENTARY: "Sessions’s Assault on Forensic Science Will Lead to More Unsafe Convictions," by Jessica Gabel Cino, published by Newsweek on April 20, 2017. (Jessica Gabel Cino is associate dean for academic affairs at the Georgia State College of Law.)
GIST: "The
Trump administration’s assault on science continues in the early days
of his presidency. Recently, Attorney General Jeff Sessions announced
the dismantling of the National Commission on Forensic Science (NCFS)—a body dedicated to improving accuracy and reliability in forensic evidence used in criminal cases. Not
only is this short-sighted but it short-circuits efforts to address
issues involving forensic errors, wrongful convictions and crime lab
misconduct. The practical effect of this action is not that states
are going to pick up the mantle and bear the burden of creating
forensic science standards. Instead, the ensuing stagnation will lock
the forensic science community into a silo and allow problems to
persist. Putting
an end to NCFS ignores example after example of the need for such an
entity.........The bottom line from the last decade of forensic
research: the criminal justice system has been using guesswork dressed
up as science to send people to jail. What can the criminal
justice system do about bad science? Forensic science should be a
prophylactic that prevents wrongful convictions rather than causing
them. The NCFS was the starting point: It embraced the need for more
research, accurate testing, consistent standards, judicial acceptance
and shifts in forensic laboratory culture that would protect innocent
individuals from being convicted in the first place. Forensic
science needs to produce reliable results and it needs to be regulated.
The fact that different labs performing the same analysis use different
standards is not a sign of scientific freedom, it’s a sign of stress
points in the criminal justice system. For a system wedded to an
unwavering adherence to the need for finality in criminal cases (which
makes it nearly impossible to appeal a bad conviction brought about by
bad science), there is a shocking lack of consistency and uniformity. It
is no wonder that forensic science has been a patchwork quilt of
standards and results. For decades, the legal system has pressured
forensic science to deliver results in the form of convictions. And we
dress forensic results in a cloak of certainty and sell it to a jury. But
the progress that has been made since the inception of NCFS underscores
that a commitment to change can come from within and can embrace
outside input. If forensic science is truly meant to be a science—to
seek the truth—then we must accept that it never will reach the
certainty that “pursuit of justice” would like to demand. Even
with the inherent tension between law and science, NCFS was a sign that
the two could work together. Unfortunately, the research and
accomplishments that have been achieved in the last few years are in
danger of being consumed by this new policy of willful blindness. That
blindness will lead to more wrongful convictions. Evidence
admissibility is largely dependent on implementing and enforcing
comparable standards which should be achieved for the entire forensic
process, from crime scene to courtroom. We needed a central body to
connect those constituencies together and to oversee reforms in a system
that remained fragmented and impervious to change for too long. Without
an entity to enable forensic science to prioritize research and then
streamline, simplify and accelerate forensic reform, I fear that
advancements will languish and we will soon return to our old ways.
Rather than lament the death of NCFS, however, I call upon universities
and crime labs to partner together in forensic science reform. Reforming forensics
is no small task. It will take cooperation from scientists, lawyers,
judges and policymakers--but it can be done. As the Buddha said: “There
are only two mistakes one can make on the road to truth: not going all
the way, and not starting. We started with NCFS, so let’s avoid the mistake of not going all the way."
The entire commentary can be found at:
http://www.newsweek.com/sessionss-assault-forensic-science-will-lead-more-unsafe-convictions-585762
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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/
The entire commentary can be found at:
http://www.newsweek.com/sessionss-assault-forensic-science-will-lead-more-unsafe-convictions-585762
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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/
