New Report Calls into Question Many Types of "Forensic Science"

Anyone familiar with television will know this scene: an impossible case, a wacky but smart scientist, and an aggressive prosecutor does the impossible and brings a criminal to justice. 

In the course of an hour, they bring their man down with a combination of grit and science! When football isn't on, it's great Thursday night entertainment. 

Except, as it turns out, you can't really get fingerprints off a fractured bullet. You can only rarely get fingerprints off a gun at all. No one can "read" a fire, and while digital cameras have come a long way you can't get an image reflected off a cornea.

If you've read this far you might be thinking to yourself, "those shows are just for entertainment, no one actually thinks that you can reflect the killer's face off a raindrop!"

But as it turns out the government thinks it can and their own forensic science inquiry has told them that their science is suspect. Everything from fingerprint analysis to once hallowed DNA analysis has, as it turns out, not been peer reviewed. Instead, in many instances, the science behind these disciplines has been assumed. That means the scientists involved did exactly what you're not supposed to do when you want to prove something, they decided that the evidence existed and worked backward to show that it existed. Great for Thomas Aquinas, not so great for an innocent man on trial for a crime he did not commit. 

Which brings me to the point of this post. After being confronted with the fact that much of the science the government relies on to get convictions is untested, unvetted, and lacking in scientific basis many government lawyers stated a willingness to right on using what they've been using.  Indeed the nation's top prosecutor, Loretta Lynch, said in a Wall Street Journal Interview, “we appreciate their contribution to the field of scientific inquiry, the department will not be adopting the recommendations related to the admissibility of forensic science evidence.”

Frankly, that's not good enough. If you, or someone you love, has been arrested you should talk to a professional to know what your rights are and how best to handle the criminal case going forward. You need to bring someone in who will challenge the evidence as admissible because evidentiary mistakes are costly to the accused. Once into the record they can prejudice a jury and earn an unjust conviction for a prosecutor. 

If you want to read the report in full you can download it at this link: 
https://www.whitehouse.gov/sites/default/files/microsites/ostp/PCAST/pcast_forensic_science_report_final.pdf

If you would like to read more about Loretta Lynch's statements as quoted above you can read them here: http://www.wsj.com/articles/white-house-advisory-council-releases-report-critical-of-forensics-used-in-criminal-trials-1474394743

 

Demetra Mehta

Demetra Mehta, Esq. has tried hundreds of cases and is dedicated to providing the best possible legal advice to her clients.

After graduating with a Master of Science degree in Mathematics, Ms. Mehta went on to earn her Juris Doctor at the Temple University Beasley School of Law. There, she earned a spot on Temple's nationally ranked trial team when she was just a second-year student. She was also awarded the Victor A. Jaczun Award for Excellence in Trial Advocacy, and made Fellow of the Rubin Public Interest Law Honor Society for her work with the Innocence Project and her time spent volunteering at the Campaign for Working Families.

After graduating from Temple University, Ms. Mehta worked as a consultant for FTI Consulting, a business advisory firm headquartered in Washington, DC.  There, she advised many Fortune 500 companies on the e-discovery process, often saving millions of dollars in document review costs.

But she felt something was missing. When she got a call from the prestigious Defender Association of Philadelphia to join their ranks as an Assistant Defender, she jumped at the chance to get into court and start fighting for her clients.

In the four years Ms. Mehta spent as an attorney at the Defender Association, she took hundreds of cases to trial. Her dedication and skills were recognized by her supervisors who promoted her to the position of "major felony" trial attorney.  Ms. Mehta left the Defender association as an excellent advocate and accomplished litigator.

When the opportunity to start her own practice with Zak Goldstein materialized, she was excited to work alongside a fellow, passionate litigator who cared about her clients' constitutional rights as much as she does.

http://goldsteinmehta.com/demetra-mehta/
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