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Pseudoscience in the Witness Box
The FBI faked an entire field of forensic science.
Sen. Patrick J. Leahy, D-Vermont, and Rep. Eddie Bernice Johnson, D-Texas, the ranking Democrats on the Senate Judiciary and House Science committees, respectively, are looking for forensic-science reforms to hold examiners to meaningful standards. But this hardly helps the folks who are in cells for crimes they didn’t commit, based on evidence that—according to scientific experts—is all but worthless.
This whole justice-disaster-on-wheels is not a problem that has gone unreported. AsConor Friedersdorf notes, state and national publications have been exposing the inadvertent errors and deliberate manipulations of forensic crime labs across the country for years now. We have covered these issues at Slate. But as long as crime labs answer to prosecutors, and indeed, according to Business Insider, in some cases they are compensated for each conviction, the incentives for reform are hopelessly upside-down. The problem, in short, isn’t that we can’t identify the problem.offered up a laundry list of fixes in Slate—almost seven years ago.)* These solutions are not all that expensive or complicated. Among them: giving defendants their own forensic experts, untethering crime labs from the prosecutors and cops to which they now answer, verification and standards. But no matter how many times we may reiterate that the status quo is intolerable and that simple corrections would yield significantly better data, no real energy for reform exists.
University of Virginia law professor Brandon L. Garrett, who has been studying DNA exonerations and wrongful convictions for years now, had this to say in an email: “When I looked at forensics in DNA exoneree trials, I found more often than not that the testimony was unscientific and flawed. We know that whenever we look at old criminal cases we see flawed forensics wherever we look. And yet hardly any crime labs have bothered to conduct audits. Nor is the problem limited to bad hair cases—much the same type of eyeballed comparison is done on bite marks, ballistics, fibers, and even fingerprints.”
Horror stories abound. George Perrot (profiled by Ed Pilkington of the Guardian) may have spent 30 years in prison based on erroneous forensic hair testimony.Mississippi bite-mark expert Michael West, about whom Balko has written extensively, was shown in a recent film jamming the suspect’s dental mold into the body of a young victim. Santae Tribble served 28 years for a murder based on FBI testimony about a single strand of hair. He was exonerated in 2012. It was later revealed that one of the hairs presented at trial came from a dog.
And the reign of pseudoscience in the witness box hardly stops at hair and bite marks. It sweeps in the testimony of forensic psychiatrists like James Grigson, nicknamed Dr. Death for his willingness to testify against capital defendants, and flawed arson analysis that may have contributed to the execution of Texas’ Cameron Todd Willingham. Jurors grass-fed on CSI-Someplace and Law and Order believe uncritically in experts who throw around words like “cuticle” and “cortex,” and why shouldn’t they? These folks are supposed to be analysts who answer to the rules of science, not performance artists trotted out for the benefit of the prosecution.
Since prison-crowding and justice reform are widely touted as issues that unite the left and the right in this country, going back and retesting the evidence of those who may well have been wrongly imprisoned should be a national priority. So far it isn’t, perhaps because the scope of the enterprise is so daunting. Or perhaps because nobody really cares all that much about people who’ve been sitting in jail for years and years. Says Garrett: “These victims may remain unrecognized and in prison—if they still live—and the same unscientific testimony continues to be delivered without limitation. … But hey, these are just criminal cases right?”
http://www.slate.com/articles/news_..._hair_analysis_bite_marks_fingerprints.2.html
shame...
The FBI faked an entire field of forensic science.
Sen. Patrick J. Leahy, D-Vermont, and Rep. Eddie Bernice Johnson, D-Texas, the ranking Democrats on the Senate Judiciary and House Science committees, respectively, are looking for forensic-science reforms to hold examiners to meaningful standards. But this hardly helps the folks who are in cells for crimes they didn’t commit, based on evidence that—according to scientific experts—is all but worthless.
This whole justice-disaster-on-wheels is not a problem that has gone unreported. AsConor Friedersdorf notes, state and national publications have been exposing the inadvertent errors and deliberate manipulations of forensic crime labs across the country for years now. We have covered these issues at Slate. But as long as crime labs answer to prosecutors, and indeed, according to Business Insider, in some cases they are compensated for each conviction, the incentives for reform are hopelessly upside-down. The problem, in short, isn’t that we can’t identify the problem.offered up a laundry list of fixes in Slate—almost seven years ago.)* These solutions are not all that expensive or complicated. Among them: giving defendants their own forensic experts, untethering crime labs from the prosecutors and cops to which they now answer, verification and standards. But no matter how many times we may reiterate that the status quo is intolerable and that simple corrections would yield significantly better data, no real energy for reform exists.
University of Virginia law professor Brandon L. Garrett, who has been studying DNA exonerations and wrongful convictions for years now, had this to say in an email: “When I looked at forensics in DNA exoneree trials, I found more often than not that the testimony was unscientific and flawed. We know that whenever we look at old criminal cases we see flawed forensics wherever we look. And yet hardly any crime labs have bothered to conduct audits. Nor is the problem limited to bad hair cases—much the same type of eyeballed comparison is done on bite marks, ballistics, fibers, and even fingerprints.”
Horror stories abound. George Perrot (profiled by Ed Pilkington of the Guardian) may have spent 30 years in prison based on erroneous forensic hair testimony.Mississippi bite-mark expert Michael West, about whom Balko has written extensively, was shown in a recent film jamming the suspect’s dental mold into the body of a young victim. Santae Tribble served 28 years for a murder based on FBI testimony about a single strand of hair. He was exonerated in 2012. It was later revealed that one of the hairs presented at trial came from a dog.
And the reign of pseudoscience in the witness box hardly stops at hair and bite marks. It sweeps in the testimony of forensic psychiatrists like James Grigson, nicknamed Dr. Death for his willingness to testify against capital defendants, and flawed arson analysis that may have contributed to the execution of Texas’ Cameron Todd Willingham. Jurors grass-fed on CSI-Someplace and Law and Order believe uncritically in experts who throw around words like “cuticle” and “cortex,” and why shouldn’t they? These folks are supposed to be analysts who answer to the rules of science, not performance artists trotted out for the benefit of the prosecution.
Since prison-crowding and justice reform are widely touted as issues that unite the left and the right in this country, going back and retesting the evidence of those who may well have been wrongly imprisoned should be a national priority. So far it isn’t, perhaps because the scope of the enterprise is so daunting. Or perhaps because nobody really cares all that much about people who’ve been sitting in jail for years and years. Says Garrett: “These victims may remain unrecognized and in prison—if they still live—and the same unscientific testimony continues to be delivered without limitation. … But hey, these are just criminal cases right?”
http://www.slate.com/articles/news_..._hair_analysis_bite_marks_fingerprints.2.html
shame...