STORY: "Flawed Forensics: The Innocence Project’s 25th Anniversary, by Sonia Mahajan, published by The Columbia Science Review on November 12, 2017.
GIST: "This year marks the Innocence Project’s 25th anniversary. Created in 1992, the Innocence Project
aims to “[exonerate] the wrongly convicted through DNA testing and
[reform] the criminal justice system to prevent future injustices.” As
of this article’s publication, the organization has used DNA evidence to
exonerate 351 people. The Innocence Project identifies six main causes
for wrongful convictions: “incentivized informants, inadequate defense,
government misconduct, false confessions or admissions, eyewitness
misidentification,” and the “misapplication of forensic science.” The
most jarring and often least-suspected element is flawed forensics,
which was found in 46% of exonerations. The controversy surrounding forensic
science was brought to public attention in early October, when popular
late-night host John Oliver did a nineteen-minute segment on his show, Last Week Tonight. Oliver and the Innocence Project cited two reports, one published in 2009 and one published in 2016,
both of which effectively state that forensic science is not reliable.
The 2016 report to former President Obama on the state of forensics
claimed, “the historical reality [of forensic science is] that many
methods were devised as rough heuristics to aid criminal investigations
and were not grounded in the validation practices of scientific
research.” The same report also found that flawed methodology had been
used to assert the scientific validity of “bullet lead examination,”
“latent fingerprints,” “hair analysis,” and “bitemarks.” In addition, forensic scientists
themselves may be influenced by a “cognitive bias,” subconsciously
misusing forensic analysis to confirm their suspicions in a case.
“Nearly all crime laboratories are tied to the prosecution in criminal
cases,” meaning that forensic scientists are biased against the
defendant. This inhibits proper forensic analysis, which is necessary
for a just evaluation of criminal cases. Consequently, forensic
scientists’ biases result in scientifically unsound methods that may
influence what could be a life-or-death decision for the defendant. Despite these flaws, some aspects of
forensics can be scientifically accurate and properly used in court. One
of the authors of the 2009 National Academy of Sciences (NAS) report
stated in a PBS Frontline article
that “DNA is really the only discipline among the forensic disciplines
that consistently produces results that you can rely on with a fair
level of confidence.” This is part of the reason why the Innocence
Project focuses on DNA-evidence-based exonerations and why DNA analysis
is considered “the gold standard” of forensics. DNA evidence
can be found in “biological evidence,” such as “sweat, skin, blood,
tissue,” and “hair,” as well as in “saliva” and other bodily fluids.
While contamination is always a risk, DNA evidence is still
significantly more reliable than other forms of evidence, such as bite
mark analysis and scent analysis, which have no reliable scientific value
(there are no standards for bite mark or scent analysis, and no
established scientific procedure for matching bite marks or scent). In fact, DNA analysis is one of the
few forensic science disciplines that is based on “reliable principles
and methods” for “single-source samples” (DNA samples from just a single
individual). According to the report
to Obama in 2016, scientists worked to develop standards to ensure that
DNA evidence was reliable after a 1989 New York court case “declared
[DNA evidence] inadmissible” in court. The reliability of DNA evidence
was also developed in part by medical scientists, who held DNA to
scientific standards in other fields. Most other forensic disciplines do
not have the same standards of reliability and do not have the same
input from the medical community, granting DNA analysis special repute. Flawed forensics affects the criminal justice system when “scientifically illiterate”
judges and juries are unfamiliar with forensic techniques and are thus
incapable of knowing whether the scientific evidence that is being
presented to them is accurate. In its video, “Getting it Right: Forensics,” the Innocence Project cited “vague and confusing terms” as another issue posed by flawed forensics. Forensic experts will often say that their analyses are “within a reasonable degree of scientific certainty,”
when, in reality, this phrase has no meaning in the scientific
community and simply works to further play on the judge and jury’s
little knowledge of forensic science. The 2016 report to Obama found
many similar terms and statements that “may be taken as implying
certainty” actually have no scientific basis to claim that level of
conviction. Forensics can be useful in many cases.
The applications of this field are exemplified in great causes, such as
The Innocence Project, which uses DNA analysis to exonerate the
innocent. Yet nothing is perfect; while the American criminal justice
system is effective in many ways, it also has its issues. Though it
sometimes seems as if our criminal justice system is incredibly flawed,
even with regards to its supposedly fact-based application of science,
the Innocence Project’s 25th anniversary means that our society is
growing increasingly aware of and is interested in fixing the problems
we see today.
The entire story can be found at:
The entire story can be found at:
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/c