http://theadvocate.posterous.com The online presence of the Kentucky Department of Public Advocacy journal posterous.com Thu, 04 Aug 2011 11:53:00 -0700 "Putting the Science in Forensic Science" - American Statistical Association http://theadvocate.posterous.com/putting-the-science-in-forensic-science-ameri http://theadvocate.posterous.com/putting-the-science-in-forensic-science-ameri

From The Innocence Project Blog

More than two years have passed since the National Academy of Sciences (NAS) released a groundbreaking report calling for national oversight and research to ensure reliability in solving crimes. One challenge to addressing the recommendations of the NAS report is the federal government’s reluctance to support new spending.

A column this week in AMSTAT News, the membership magazine of the American Statistical Association, recommends clear steps for the federal government to address this issue at minimal cost to taxpayers. Written by two professors and an independent consultant, the column calls on Congress to:

• Require crime labs to make reports and protocols on forensic science readily available on the web;
• Appoint independent scientific committees to evaluate forensic research, identify needs for further study;
• Redirect existing funds to support long-term research;
• Sponsor seminars and courses to educate judges, lawyers and others on forensic disciplines.

The three authors write:

In recognition of budgetary difficulties and political realities, these proposals keep costs to taxpayers to a minimum. Although their enactment would not solve all problems, we believe the proposed reforms are a doable first step toward ensuring that only first-rate science—beholden only to truth and not to law enforcement or any other partisan interest—is used in the courtroom. The integrity of the American judicial system demands that Congress and the administration speedily enact these reforms.


Read the full column.

Read more about the National Academy of Sciences and the need for a National Forensic Science Agency

For more background on the NAS report and weekly forensic news, visit the Just Science Coalition website.

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Wed, 15 Dec 2010 05:46:00 -0800 Law Review examines judiciary's role after NAS report on forensic evidence http://theadvocate.posterous.com/law-review-examines-judiciarys-role-after-nas http://theadvocate.posterous.com/law-review-examines-judiciarys-role-after-nas
Jane Campbell Moriarty University of Akron School of Law

from Abstract:     

This Article discusses the findings of the NAS Report, relevant cases that predate the report, and some cases decided since the report. It posits that the judiciary, which has created a standard of reliability, has failed to hold prosecutorial expert evidence to that standard. Using examples from history and modern cognitive science explanations, the Article tries to explain why the judiciary has been so unwilling to rigorously examine forensic science evidence and urges the judiciary to rethink its perspective going forward.

While the NAS Report suggests an overhaul of the current system, that overhaul is a contentious idea that may well not occur in the near (or even longer) future. Thus, a current crisis exists that the judiciary must address in its day-to-day decision making. The Article suggests how the judiciary can become a more effective crucible for testing the strength and limitations of forensic science.

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