CRIM 2040 QUIZ 1

Daubert standard

(1) whether the theory or technique in question can be and has been tested (2) whether it has been subjected to peer review and publication (3) its known or potential error rate (4) the existence and maintenance of standards controlling its operation (5) whether it has attracted widespread acceptance within a relevant scientific community

Black box study

-Measures error rates of the discipline -gives overall false pos rate and false neg rate

How was national commission on forensic science formed?

-Partnership between Obama administration and national institute of standards and technology -formed after 2009 national Academy of Sciences report

Foundational validity

-Requires that a forensic science method requires it be shown, based on empirical studies, to be repeatable, reproducible, and accurate -means a method can be reliable

Reproducible

-Same evidence, different person -inter vs intra examiner consistency(intra has higher consistency)

Repeatable

-come to same result multiple times -same evidence same person

Problems with Daubert standard

-publications/journals made to validate the communities methods -error rates unknown

Accurate

-result is correct/no error

Problem with black box studies

-to get error rates for a discipline in general, it should be designed by an outside researcher not the person doing the test (like SAT) however many of the black box studies have people who designed and taken the test

What was the importance of 2009 national Academy of Sciences report?

-urged US to establish independent federal entity to address the problems in forensics -pointed out the issues in forensic science regarding validity and reliability

Fundamental assumption about finger prints/bite marks

1) Fingerprints/bite marks are unique 2) We can determine which print belongs to a person

Brandon Mayfield

A lawyer and convert of Muslim, was held for two weeks before the Spanish investigation revealed that the finger print instead belonged to Algerian, Ouhnane Daoud.

Federal Rule 702

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion if: experts knowledge will help trier of fact understand evidence or to determine a fact, testimony is based on sufficient facts/data, testimony is the product of reliable methods, and the expert has reliably applied the principles and methods

Frye Standard (1923)

Determine whether the method by which evidence was obtained was generally accepted by experts in the particular field which it belongs

Misconduct

Deviations that are deliberate are described as misconduct. Misconduct can be very difficult to detect because the offending examiner may take steps to make the work appear to be conforming

Malpractice

Deviations that are the result of poor or incomplete training are best referred to as malpractice. Malpractice can be detected by a robust technical review from a more qualified examine

Mistakes

Deviations that result from innocent clerical errors (e.g., transposition of numbers) are labeled as mistakes. Mistakes are easily detectable, even by the examiner who made the mistake

Max Houck

Director of DC dna lab, audits showed lab procedures to be inadequate

Annie Dookhan

Dry-labbing, falsified evidence

Validity as applied

Examiner shown to be capable of reliably applying a method and must have done so. Examiner should: report FP/FN rates, report probative value, don't make claims beyond evidence

Suggestive of uniqueness

Identical twins same DNA, different fingerprints; individual has different prints on two thumbs (although we don't have two right- hand thumbs)

Reverse reasoning

Marking minutiae in "known" or clean print, then marking in latent print from crime scene, leads to overreliance on apparent similarities and inadequate attention to differences.

Importance of 2016 PCAST report?

Need for clarity about scientific standards for validity and reliability, highlighted need to evaluate specific forensic methods to determine if they have been scientifically established as valid or reliable, most methods don't have error rates

Keith Harward

Sailor wrongfully convicted for rape based on bite mark evidence

Objective methods

can replace an algorithm

Contextual bias

due to algorithm's results, other analysts' opinions, high-profile case

Trier of fact

judge or jury

Subjective methods

key procedures involve human judgement

Nonconforming work

refers to examinations where the examiner deviated from the method

Type II error/False negative

tested as negative when it is actually positive

Type I error/False positive

tested as positive when it is actually negative

reliable

Similar to consistent, get the same number multiple times

Sonja Farak

Stole drugs and replaced them

Who determines what is considered to be consistent enough?

Trier of fact

Why measure uncertainty?

Want to have transparency in court