PASSAGE OF THE DAY: "Forensic evidence plays a critical role in court proceedings and the administration of justice. It is a powerful tool that can help convict the guilty and avoid wrongful conviction of the innocent. Unfortunately, flaws in forensic evidence are increasingly becoming apparent. Assessments of forensic science have too often focused only on the data and the underlying science, as if they exist in isolation, without sufficiently addressing the process by which forensic experts evaluate and interpret the evidence. After all, it is the forensic expert who observes the data and makes interpretations, and therefore forensic evidence is mediated by human and cognitive factors."
COMMENTARY: "Biases in forensic experts," by Itiel E. Dror, published by Science on April 20, 2018. Itiel E. Dror is a senior cognitive neuroscience researcher at University College London, London, UK. (Thanks to The Wrongful Convictions Blog for bringing this commentary to our attention);
GIST: "Forensic evidence plays a critical role in court proceedings and the administration of justice. It is a powerful tool that can help convict the guilty and avoid wrongful conviction of the innocent. Unfortunately, flaws in forensic evidence are increasingly becoming apparent. Assessments of forensic science have too often focused only on the data and the underlying science, as if they exist in isolation, without sufficiently addressing the process by which forensic experts evaluate and interpret the evidence. After all, it is the forensic expert who observes the data and makes interpretations, and therefore forensic evidence is mediated by human and cognitive factors. A U.S. National Research Council examination of forensic science in 2009, followed by a 2016 evaluation by a presidential panel, along with a U.K. inquiry into fingerprinting in 2011 and a 2015 guidance by the U.K. Forensic Science Regulator, have all expressed concerns about biases in forensic expert decision-making. Where does forensic bias come from, and how can we minimize it? Forensic experts are too often exposed to irrelevant contextual information, largely because they work with the police and prosecution. Extraneous information—from a suspect's ethnicity or criminal record to eyewitness identifications, confessions, and other lines of evidence—can potentially cause bias. This can give rise to conclusions that are incorrect or overstated, rather than what forensic decisions should be: impartial decisions, appropriately circumscribed by what the evidence actually supports. A consequence of cognitive biases is that science is misused, and sometimes even abused, in court. Not only can irrelevant information bias a particular aspect of an investigation, it often causes “bias cascade” from one component of an investigation to another and “bias snowball,” whereby the bias increases in strength and momentum as different components of an investigation influence one another. Bias also arises when forensic experts work backward: Rather than having the evidence drive the forensic decision-making process, experts work from the target suspect to the evidence. These problems in forensic decision-making have been largely ignored by the courts, even though there are simple procedural and context management solutions at hand." (Read Itiel Dror's proposed solutions for combatting expert bias at the link below):
http://science.sciencemag.org/content/360/6386/243.full
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
