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Acculturating Forensic Science: What Is ‘Scientific Culture’, And How Can Forensic Science Adopt It?, Simon A. Cole
Acculturating Forensic Science: What Is ‘Scientific Culture’, And How Can Forensic Science Adopt It?, Simon A. Cole
Fordham Urban Law Journal
Part I, describes how the NAS Report characterizes “scientific culture.” I suggest that the described attributes of scientific culture are vague and unspecific, and that more thought is necessary to elucidate how they might map onto forensic science. In Part II, I suggest that the NAS Report’s characterization of “scientific culture” is based on popular accounts of science and “the scientific method.” I suggest that these accounts are incomplete, generally considered obsolete, and not particularly helpful in pointing a way toward reform of forensic science. In Part III, I posit a conception of science as work rather than method. In …
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
The Nas Report: In Pursuit Of Justice, Geoffrey S. Mearns
Fordham Urban Law Journal
This article discusses the NSA report entitled “Strengthening Forensic Science in the United States: A Path Forward.” It argues that law enforcement officials should embrace the recommendations in the NAS report. The Committee identified many of the systemic problems that plague forensic science, and the report identified thirteen specific recommendations to address these systemic problems.
Forensic Science: Why No Research?, Paul C. Giannelli
Forensic Science: Why No Research?, Paul C. Giannelli
Fordham Urban Law Journal
The ground-breaking report on forensic science by the National Academy of Sciences—Strengthening Forensic Science in the United States: A Path Forward—raised numerous issues. One dominant theme that runs throughout the Report is the failure of some forensic science disciplines to comport with fundamental scientific principles—in particular, to support claims with empirical research. This essay attempts to answer the “why” question: Why was there a lack of research across so many forensic disciplines? For purposes of discussion, the time frame is divided into an early period and a recent period. The line of demarcation between the two eras is the advent …
Whose Fault?—Daubert, The Nas Report, And The Notion Of Error In Forensic Science, D. Michael Risinger
Whose Fault?—Daubert, The Nas Report, And The Notion Of Error In Forensic Science, D. Michael Risinger
Fordham Urban Law Journal
The notion of “error” and “error rates” is central both to the Daubert opinion and to the recent NAS Report on the strengths and weaknesses of forensic science in the United States. I will not be attempting a full-scale examination of the concept of error in this paper, however, I believe there are some observations that can be made that may be helpful in domesticating in helpful ways the notion of error as it might apply to forensic science expertise. I conclude that we should work to improve diagnosticity for old processes, or to invent or adopt new ones with …
“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?, Joseph Sanders
“Utterly Ineffective”: Do Courts Have A Role In Improving The Quality Of Forensic Expert Testimony?, Joseph Sanders
Fordham Urban Law Journal
In Part I, I review the NRC’s stated reasons for giving the courts little or no role in improving forensic evidence and argue that these reasons cannot explain the fact that the same courts have played a significant role in policing expertise in civil cases. Why then have courts been so reluctant to exclude forensic expert evidence? I explore this question in Part II. I argue that two deep seated factors: (1) the courts’ contextual approach to know-ledge, and (2) the limited ability of science to provide causal answers about the particular case, limit the courts’ willingness to raise admissibility …