Washing Away of Washing Away of Wrongs:Wrongs:

The “Cons” of Forensic ScienceThe “Cons” of Forensic Science

Simple DefinitionSimple Definition

Simply put, Forensic Science is the Simply put, Forensic Science is the attempt to apply Medical Science and attempt to apply Medical Science and other types of data to a crime scene in other types of data to a crime scene in order to ascertain what occurredorder to ascertain what occurred

However, CSI shows do not accurately However, CSI shows do not accurately portray the tradeportray the trade

History of ForensicsHistory of Forensics

11stst written record 1248, written record 1248, “Washing Away of “Washing Away of Wrongs” Wrongs”

Described difference Described difference between evidence of between evidence of strangulation and drowningstrangulation and drowning

Used Forensic EntomologyUsed Forensic Entomology

1598 Fortunatus was first 1598 Fortunatus was first to practice Modern to practice Modern ForensicsForensics1919thth Century- Medical Century- Medical knowledge recognized as knowledge recognized as a legitimate way to a legitimate way to analyze crime scenes.analyze crime scenes.

So What is Wrong With Forensic So What is Wrong With Forensic Science?Science?

No true licensing No true licensing organization dedicated to organization dedicated to oversee and punish oversee and punish wrong doingwrong doingNo research/ scientific No research/ scientific baselines ever baselines ever established for most established for most branchesbranches

Widely differing ‘standards’ Widely differing ‘standards’ vary by localevary by locale

Often expert witnesses are Often expert witnesses are NOTNOT

Many times findings based Many times findings based on ‘feeling’ and opinion not on ‘feeling’ and opinion not objective scienceobjective science

Debunked Forensic MethodsDebunked Forensic Methods

Examination of Saliva and Examination of Saliva and tonguetongue Used dried rice in the mouthUsed dried rice in the mouth

Bullet-leadBullet-lead Belief that each batch was Belief that each batch was

chemically uniquechemically unique

Visits from “The Chalk Visits from “The Chalk Fairy”Fairy”

Bite MarksBite Marks

Many people have been wrongly convicted Many people have been wrongly convicted based on bite mark evidencebased on bite mark evidence One such man lacked two front teeth, yet a One such man lacked two front teeth, yet a

full bite mark landed him in prison!full bite mark landed him in prison! The “Dentition Expert” was adamant it The “Dentition Expert” was adamant it

matchedmatched

Bite MarksBite Marks

The uniqueness of The uniqueness of human dentition never human dentition never establishedestablished

Transfer of a unique Transfer of a unique pattern to human skin pattern to human skin not establishednot established

Ability of skin to Ability of skin to maintain that pattern maintain that pattern not established.not established.

63% error rate has 63% error rate has been citedbeen cited

Hair AnalysisHair Analysis

Hair Analysis is only Hair Analysis is only conclusive enough to conclusive enough to show certain show certain characteristics. characteristics. Cannot be used to ID Cannot be used to ID

specific personspecific person Has place but should Has place but should

never be used to ID never be used to ID personperson

Only DNA extracted Only DNA extracted from root could be from root could be conclusiveconclusive

Wrongly Accused:Wrongly Accused: Donald E GatesDonald E Gates

Was convicted in 1982 Was convicted in 1982 based on hair evidence based on hair evidence FBI Analysis claimed FBI Analysis claimed

hair found at scene was hair found at scene was “microscopically “microscopically indistinguishable from indistinguishable from Gates’ hairGates’ hair

Served 28 years before Served 28 years before found innocent!found innocent!

PolygraphPolygraph

““based on a false premise that …activation of the sympathetic based on a false premise that …activation of the sympathetic nervous system, is evidence of guilt, rather than the stress innocent nervous system, is evidence of guilt, rather than the stress innocent people feel from being placed as a suspect. …psychopaths, have a people feel from being placed as a suspect. …psychopaths, have a basic defect of part of the brain called the amygdala, which makes basic defect of part of the brain called the amygdala, which makes them uniquely resistant to anxiety! And of course uniquely them uniquely resistant to anxiety! And of course uniquely convincing liars. So the polygraph is weighted in favour of convicting convincing liars. So the polygraph is weighted in favour of convicting the innocent and freeing the psychopath. The polygraph should be the innocent and freeing the psychopath. The polygraph should be banned.”banned.”-David Anderson, PhD -David Anderson, PhD Results Cannot DETECT lying, only infer itResults Cannot DETECT lying, only infer it

FingerprintingFingerprinting

Many ‘experts’ match based Many ‘experts’ match based on experience and ‘feel’on experience and ‘feel’The number of ‘points’ The number of ‘points’ necessary vary from state to necessary vary from state to statestate

Some require only 6, and Some require only 6, and others require moreothers require more

15 points used to be 15 points used to be considered a solid matchconsidered a solid match

2004 Bombing lead to a wrong 2004 Bombing lead to a wrong arrest due to a 15 point match arrest due to a 15 point match to Muslim Lawyer in to Muslim Lawyer in Washington state- Washington state- He was innocent!He was innocent!

Arson ForensicsArson Forensics

Faulty, out dated arson theories used to convict Willingham for the Faulty, out dated arson theories used to convict Willingham for the arson deaths of his three daughters who perished in a house firearson deaths of his three daughters who perished in a house fire

He was put to death He was put to death Fire has since been ruled accidentalFire has since been ruled accidental

Flashover evidence made certain ID impossibleFlashover evidence made certain ID impossible

‘‘Crazed glass’ was once believed to only indicate accelerant, now Crazed glass’ was once believed to only indicate accelerant, now debunkeddebunked

Burn pattern evidence and also charring of wood under aluminum Burn pattern evidence and also charring of wood under aluminum evidence now found unreliableevidence now found unreliable

New guidelines released two months later that brought a new era of New guidelines released two months later that brought a new era of fire science by 30 experts and better scientific data collected to verifyfire science by 30 experts and better scientific data collected to verify

Surely DNA is GOLD STANDARD, Surely DNA is GOLD STANDARD, Right?Right?

Wrong.Wrong. The ‘foolproof’ forensic The ‘foolproof’ forensic

standard has also been standard has also been under fire recentlyunder fire recently

How DNA evidence could be How DNA evidence could be faulty:faulty:

Contamination, accidental Contamination, accidental or purposefulor purposeful

Faulty storage or collectionFaulty storage or collection Error in chain of command Error in chain of command

hand off policieshand off policiesBut the most disturbing But the most disturbing problem with DNA evidence is:problem with DNA evidence is:

It can be fabricated!It can be fabricated!

Samples can be fabricated by simply knowing the person’s DNA Samples can be fabricated by simply knowing the person’s DNA profileprofile

No actual tissue neededNo actual tissue needed

It is so simple that even, “Any undergraduate could perform this.”It is so simple that even, “Any undergraduate could perform this.”

Nucleix from Tel Aviv has developed a test to distinguish real DNA Nucleix from Tel Aviv has developed a test to distinguish real DNA samples from fake onessamples from fake ones

Then What IS the Future of Then What IS the Future of Forensic Science?Forensic Science?

Single forensic method should Single forensic method should never determine the outcome never determine the outcome of a trialof a trial

The more different types of The more different types of evidence, the greater the evidence, the greater the chance of a fair trialchance of a fair trial

A TRUE governing body A TRUE governing body should be established with real should be established with real licensing licensing Penalties for misrepresenting Penalties for misrepresenting forensic credentialsforensic credentialsExpose each discipline to Expose each discipline to rigorous testingrigorous testing

establish baseline standards establish baseline standards that are consistent from one that are consistent from one municipality to the nextmunicipality to the next

ConclusionConclusion

Forensics have their place and Forensics have their place and should not be abandoned in the should not be abandoned in the prosecution of criminalsprosecution of criminals

Greater controls must be Greater controls must be establishedestablished

Scientific method must be applied Scientific method must be applied to Forensic techniques for the to Forensic techniques for the sake of Justicesake of Justice

There may be other reasons for There may be other reasons for the “evidence”the “evidence”

Its only ‘Justice’ if it is CORRECT!Its only ‘Justice’ if it is CORRECT!