Wednesday, August 5, 2015

contriversies in forensic science

Questions about certain areas of forensic science, such as fingerprint evidence and the assumptions behind these disciplines have been brought to light in some publications[61][62] including the New York Post. The article stated that "No one has proved even the basic assumption: That everyone's fingerprint is unique."[63] The article also stated that "Now such assumptions are being questioned - and with it may come a radical change in how forensic science is used by police departments and prosecutors." Law professor Jessica Gabel said on NOVA that forensic science "lacks the rigors, the standards, the quality controls and procedures that we find, usually, in science." In America, on 25 June 2009, the Supreme Court issued a 5-to-4 decision in Melendez-Diaz v. Massachusetts stating that crime laboratory reports may not be used against criminal defendants at trial unless the analysts responsible for creating them give testimony and subject themselves to cross-examination. The Supreme Court cited the National Academies report Strengthening Forensic Science in the United States in their decision. Writing for the majority, Justice Antonin Scalia referred to the National Research Council report in his assertion that "Forensic evidence is not uniquely immune from the risk of manipulation." In 2009, scientists indicated that it is possible to fabricate DNA evidence, therefore suggesting it is possible to falsely accuse or acquit a person or persons using forged evidence. In America, another area of forensic science that has come under question in recent years is the lack of laws requiring the accreditation of forensic labs. Some states require accreditation, but some states do not. Because of this, many labs have been caught performing very poor work resulting in false convictions or acquittals. For example, it was discovered after an audit of the Houston Police Department in 2002 that the lab had fabricated evidence which led George Rodriguez being convicted of raping a fourteen-year-old girl. The former director of the lab, when asked, said that the total number of cases that could have been contaminated by improper work could be in the range of 5,000 to 10,000. This could have been avoided if the lab had been accredited by organizations such as ASCLD/Lab, which require crime labs to undergo rigorous assessments to show that they are able to perform multiple tests accurately. Once they become accredited, they are periodically re-evaluated to ensure that the lab is still functioning at its best. Periodic evaluations of a lab's performance by an independent organization will help to prevent scandals from occurring in forensic science laboratories. Although forensic science has greatly enhanced the investigator's ability to solve crimes, it has limitations and must be scrutinized in and out of the courtroom to avoid the occurrence of wrongful convictions.

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