Transcript Strengthening Forensic Science in the United States: A

Strengthening Forensic
Science in the United
States: A Path Forward
FRSC 8113 - Professional Preparation
Professor Bensley
Spring 2013
The NAS Report
• 11/22/05 – Science, State, Justice,
Commerce, and Related Agencies
Appropriations Act of 2006 becomes law
• Congress authorized the National Academy
of Sciences to conduct a study on forensic
science
• Fall 2006 – committee established to
implement this charge (forensic scientists,
legal community, and a “diverse group of
scientists”
The NAS Report – The Charge
• Assess present and future resource needs of
forensic science community
• Make recommendations for maximizing use of
forensic technologies and techniques
• Identify potential scientific advances that may
assist law enforcement to protect the public
• Make recommendations for programs that will
increase the number of qualified forensic
scientists and medical examiners
The NAS Report – The Charge
• Disseminate best practices and guidelines
concerning the collection and analysis of forensic
evidence to help ensure quality and consistency
• Examine the role of the forensic community in the
homeland security mission
• Examine the interoperability of AFIS
• Examine additional issues pertaining to forensic
science as determined by the committee
The NAS Report – The Committee
• Committee met several times between January
2007 and November 2008
• Heard testimony from federal agency officials,
academics and research scholars, law
enforcement officials, scientists, medical
examiners, coroners, crime lab officials,
independent investigators, defense attorneys,
forensic science practitioners, and leadership of
professional organizations
• Released report on findings - 2/18/2009
The NAS Report – The Findings
• Inadequate educational programs
• Lacking mandatory and enforceable standards
founded on rigorous research and testing
• Unacceptable case backlogs
• Under resourced and understaffed crime labs
• Thin ties to academic research institutions
• No mandatory certification and accreditation
programs
• Fundamental limitations in the knowledge base
of some forensic disciplines
The NAS Report – The Findings
• Limited funding for academic research
• Extreme disaggregation in types of practitioners,
education and training levels, and professional
cultures
• No dominant professional society with clearly
articulated vision
• No centralized governing body
• Bias towards prosecution
The NAS Report - Recommendations
1. Establish an independent federal administrative
body “National Institute of Forensic Science”
a.
b.
c.
d.
e.
f.
Establish best practices
Establish mandatory accreditation and certification
Promote scholarly, peer-reviewed research
Allocate funds appropriately
Oversee education standards and college program
accreditation
Assess and develop new technologies
The NAS Report - Recommendations
2. Establish standard terminology and reporting on
and testifying about results – model laboratory
reports
3. Address issues of accuracy, reliability, and
validity in the forensic science disciplines
a. Develop and establish quantifiable measures
b. Develop measures of uncertainty
4. Authorize and appropriate incentive funds to
remove all labs from the administrative control of
law enforcement agencies or prosecutors’ offices
The NAS Report - Recommendations
5. Encourage research programs on human
observer bias and sources of human error
6. Develop tools to advance measurement,
validation, reliability, information sharing, and
proficiency testing in forensic science and
establish protocols for forensic examinations,
methods, and practices
7. Mandatory accreditation and certification – No
person (public or private) should be allowed to
practice without certification
The NAS Report - Recommendations
8. Establish routine quality assurance and quality
control procedures to ensure accuracy of analyses
and the work of examiners – identify mistakes,
fraud, and bias
9. Establish a national code of ethics and explore
mechanisms of enforcement of discipline
10. Appropriate funds to improve and develop
additional graduate programs in forensic science –
include scholarships and fellowships to attract high
level students, promote continuing education
opportunities for law students, lawyers, judges
The NAS Report - Recommendations
11.Establish medical examiner systems with the
goal of replacing and eliminating coroner
systems
12.Launch a new broad-based effort to achieve
nationwide fingerprint data interoperability
(including error rates)
13.Provide funds to prepare forensic scientists for
specific homeland security threats
The NAS Report – The Aftermath
• 4+ years later and…
“Lawmakers have failed to act on the
problems and recommendations identified
four years ago in the NAS report. Those
problems continue to degrade and
compromise the criminal justice system at
an unabated rate across our country. For
those who lose their freedom because of
deviations from scientific standards and
principles, this is simply unacceptable.”
-NACDL President Steven D. Benjamin
The NAS Report – The Aftermath
• 2/15/2013 – Federal Government announced
establishment of a National Commission on
Forensic Science
– Justice Department and NIST officials will lead the
new 30-member commission
– Groups of forensic science practitioners and
academic researchers administered by NIST will
develop discipline-specific practice guidance for
federal, state and local forensic science laboratories
– Help standardize national guidance for forensic
science practitioners, develop uniform codes for
professional responsibility, and establish
requirements for training and certification
The NAS Report – What’s Next?
“Forensic science is an essential tool in the
administration of justice and needs to be
continually evaluated as science progresses”
“Forensic science helps identify perpetrators,
convict the guilty, exonerate the innocent, and
protect public safety. This initiative is led by the
principle that scientifically valid and accurate
forensic analysis strengthens all aspects of our
justice system.”
- Deputy Attorney General James M. Cole