Sunday, June 20, 2021

'Autopsy of a Crime Lab' by Duke law Prof. Brandon Garrett: Reviewed by Senior Editor Jacob Sullum of 'Reason.'..."Some forensic specialties—including bite mark, blood spatter, hair, fiber, and footprint analysis—are deeply dubious. Even such venerable techniques as latent fingerprint and ballistic comparisons are not as well-grounded as commonly thought. When you add incompetence, corruption, cognitive biases, and pseudoscientific certainty to the mix, innocent people can end up spending years or decades in prison while the actual perpetrators remain free to continue their criminal careers. Garrett began studying the science behind commonly used forensic tools after he discovered that they often figured prominently in the wrongful convictions of people who were ultimately exonerated by DNA evidence. Based on testimony from analysts who exuded unjustified confidence in techniques that had never been properly validated, jurors erroneously convicted defendants of robbery, rape, and murder. Judges likewise credulously accepted the witnesses' assurances that they knew what they were talking about."


PASSAGE OF THE DAY: "Even after a bombshell 2009 report from the National Academy of Sciences concluded that much of the forensic evidence used in criminal trials lacked "meaningful scientific validation," judges generally carried on as before, reflexively admitting questionable testimony on the premise that courts would not have done so in the past without good reason. Autopsy of a Crime Lab argues that judges should take their responsibility as gatekeepers of scientific and technical evidence more seriously."

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BOOK REVIEW: "Autopsy of a Crime Lab" by Duke law professor Brandon Garrett, reviewed by Jacob Sullum, published in the July 2021 issue of 'Reason.'...(Jacob Sullum is a senior editor at Reason and a nationally syndicated columnist.)

GIST" "Real CSI is not like what you see on TV," writes Duke law professor Brandon Garrett in Autopsy of a Crime Lab. That's an understatement.

Some forensic specialties—including bite mark, blood spatter, hair, fiber, and footprint analysis—are deeply dubious. Even such venerable techniques as latent fingerprint and ballistic comparisons are not as well-grounded as commonly thought. When you add incompetence, corruption, cognitive biases, and pseudoscientific certainty to the mix, innocent people can end up spending years or decades in prison while the actual perpetrators remain free to continue their criminal careers.

Garrett began studying the science behind commonly used forensic tools after he discovered that they often figured prominently in the wrongful convictions of people who were ultimately exonerated by DNA evidence. Based on testimony from analysts who exuded unjustified confidence in techniques that had never been properly validated, jurors erroneously convicted defendants of robbery, rape, and murder.

Judges likewise credulously accepted the witnesses' assurances that they knew what they were talking about. Even after a bombshell 2009 report from the National Academy of Sciences concluded that much of the forensic evidence used in criminal trials lacked "meaningful scientific validation," judges generally carried on as before, reflexively admitting questionable testimony on the premise that courts would not have done so in the past without good reason. Autopsy of a Crime Lab argues that judges should take their responsibility as gatekeepers of scientific and technical evidence more seriously.

Garrett also recommends stricter regulation of crime labs, better supervision of evidence collection, systematic disclosure of error rates, regular assessment of analysts' proficiency, and making it standard practice to withhold case information that may bias those analysts' conclusions. "Slowly but surely," he hopes, "a new culture of science and statistics is replacing the myth of infallible forensics.""

The entire review can be read at:

https://reason.com/2021/06/18/autopsy-of-a-crime-lab/

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NOTA BENE: Criminal (In)Justice Podcast: (David Harris) interviews Brandon Garrett -  (Link below) - in a segment called 'Flawed Forensics.'

"Every day in American courtrooms, forensic science offers evidence to judges and juries: fingerprints, ballistics, shoe prints, even bite marks.  It’s supposed to provide scientific proof of guilt.  But what if it’s a lot less reliable than we think?  Our guest is Brandon Garrett ( https://law.duke.edu/fac/garrett/ ) , Professor of Law at Duke University School of Law and author of “Autopsy of a Crime Lab: Exposing the Flaws in Forensics.”"

https://podcasts.apple.com/us/podcast/139-flawed-forensics/id1094352910?i=1000525544403

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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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;