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Reply To Response By Fbi Laboratory Filed In Illinois V. Winfield And Affidavit By Biederman Et Al. (2022) Filed In Us V. Kaevon Sutton (2018 Cf1 009709), Susan Vanderplas, Kori Khan, Heike Hofmann, Alicia Carriquiry

Department of Statistics: Faculty Publications

1 Preliminaries

1.1 Scope

The aim of this document is to respond to issues raised in Federal Bureau of Investigation¹ and Alex Biedermann, Bruce Budowle & Christophe Champod.²

1.2 Conflict of Interest

We are statisticians employed at public institutions of higher education (Iowa State University and University of Nebraska, Lincoln) and have not been paid for our time or expertise when preparing either this response or the original affidavit.³ We provide this information as a public service and as scientists and researchers in this area.

1.3 Organization

The rest of the document precedes as follows: we begin …

Firearms And Toolmark Error Rates, Susan Vanderplas, Kori Khan, Heike Hofmann, Alicia L. Carriquiry

Department of Statistics: Faculty Publications

We have outlined several problems with the state of error rate studies on firearm and toolmark examination. Fundamentally, we do not know what the error rate is for these types of comparisons. This is a failure of the scientific study of toolmarks, rather than the examiners themselves, but until this is corrected with multiple studies that meet the criteria described in Section 3, we cannot support the use of this evidence in criminal proceedings.

Scientific Evidence Admissibility: Improving Judicial Proceedings To Decrease Erroneous Outcomes, Leica Kwong

Themis: Research Journal of Justice Studies and Forensic Science

In the United States, Federal Rules of Evidence 702, the Frye and Daubert standards govern the admissibility of scientific evidence in the courtroom. Some states adopted Frye while others adopted Daubert, causing varying judicial outcomes. The verdicts in some cases may be erroneous due to a nationally used standard. Frye has broad criteria of requiring scientific evidence to be generally accepted. While Daubert contains more requirements for the evidence to be admissible, such as peer review, publication, and scientific principles. Daubert, alongside FRE 702, provides a thorough guideline for trial judges who have the gatekeeping role to decide admissibility aiming …

Between Brady Discretion And Brady Misconduct, Bennett L. Gershman

Dickinson Law Review (2017-Present)

The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because …

Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver

Wesley M Oliver

Relating Admissibility Standards For Digital Evidence To Attack Scenario Reconstruction, Changwei Liu, Anoop Singhal, Duminda Wijesekera

Journal of Digital Forensics, Security and Law

Attackers tend to use complex techniques such as combining multi-step, multi-stage attack with anti-forensic tools to make it difficult to find incriminating evidence and reconstruct attack scenarios that can stand up to the expected level of evidence admissibility in a court of law. As a solution, we propose to integrate the legal aspects of evidence correlation into a Prolog based reasoner to address the admissibility requirements by creating most probable attack scenarios that satisfy admissibility standards for substantiating evidence. Using a prototype implementation, we show how evidence extracted by using forensic tools can be integrated with legal reasoning to reconstruct …

Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky

Journal of Digital Forensics, Security and Law

An examination of State of Connecticut v. Julie Amero provides insight into how a general lack of understanding of digital evidence can cause an innocent defendant to be wrongfully convicted. By contrast, the 101-page opinion in Lorraine v. Markel American Insurance Co. provides legal precedence and a detailed consideration for the admission of digital evidence. An analysis of both cases leads the authors to recommend additions to Law School curricula designed to raise the awareness of the legal community to ensure such travesties of justice, as in the Amero case, don’t occur in the future. Work underway at the University …