SEAL FINAL

Who is a political figure and typically elected

coroners

who is appointed

MO or forensic pathologists

What do ME/CO investigate

suspicious or unexpected death involving accidents, suicide, homicide, incarcerated deaths, custody deaths,

When do we perform autopsy’s

at the discretion of ME/CO

• police or prosecutor request or court order

  • when child of apparent good health suddenly dies

what are similarities between ME/CO

whenever in charge, can determine cause of death"

• “statutory authority” whoever in charge

what are differences between ME/C-

CO don’t need to be medically trained, ME does

CO elected, ME appointed

CO (non-medically trained) have to meet age/ educational requirements

ME almost always medical doctors (trainiThe ng in pathology of FP)

The National Commission of FS defines a forensic pathologist as one who complete 1/3 criteria

1. certified in forensic pathology by the American Board of Pathology (ABP) following training in
   forensic pathology

2. certified in forensic pathology by the American Board of Pathology (ABP) following training in
   forensic pathology

   1. has successfully completed a training program in forensic pathology that is accredited by the ACGME or its
      international equivalent and was never certified in forensic pathology by the ABP but has practiced forensic
      pathology for 10 years or more in a medicolegal office

PCAST reiterates that for objective feature-comparison methods, there are “...well-defined procedures to

1) identify the features in samples,

(2) measure the features,

(3) determine whether the features in two samples match to within a stated measurement tolerance

(matching rule), and

(4) estimate the probability that samples from different sources would match (false match probability)

Foundational validity for objective methods requires

experts’ examination of each step’s suitability in the analysis,

each step’s contribution to the reliability and validity of the larger analytical method

Foundational validity for subjective methods requires

multiple, independent “Black Box” studies

Why don’t we use proficiency tests for FV

proficiency tests are simply not designed to assess accuracy, repeatability, and reproducibility;

the tests themselves rarely made publicly available, preventing examination of their characteristics by independent researchers;

proficiency tests by a major company don’t have objectively correct/accurate answers

but instead look for test results that are consistent with the general consensus of examiners

What is a White box study

a mental analysis of how a person or examiners analyses to come to a conclusion.

White-box studies are done to empirically examine the processes examiners in subjective feature comparison disciplines use to analyze evidence

PCAST conclusions on latent prints

(1) The studies collectively demonstrate that many examiners can, under some circumstances, PCAST (2016, p. 102) says that “[f]rom a scientific standpoint, validity as applied requires that an expert:produce correct answers at some level of accuracy.

“(2) The empirically estimated false positive rates are much higher than the general public (and, by extension, most jurors) would likely believe based on longstanding claims about the accuracy of fingerprint analysis.

“(3) Of the two appropriately designed black-box studies, the larger study (FBI 2011 study) yielded a false positive rate that is unlikely to exceed 1 in 306 conclusive examinations while the other yielded a considerably higher false positive rate of 1 in 18

PCAST (2016, p. 102) says that “[f]rom a scientific standpoint, validity as applied requires that an expert:

(1) has undergone appropriate proficiency testing to ensure that he or she is capable of analyzing the full range of latent fingerprints encountered in casework and reports the results of the proficiency testing;

(2) discloses whether he or she documented the features in the latent print in writing before comparing it to the known print;

(3) provides a written analysis explaining the selection and comparison of the features;

(4) discloses whether, when performing the examination, he or she was aware of any other facts of the case that might influence the conclusion; and

(5) verifies that the latent print in the case at hand is similar in quality to the range of latent prints considered in the foundational studies.”

Sufficient agreement is defined as

The examiner being convinced that the items are

extremely unlikely to have a different origin.

Trace evidence Can be defined as

the surviving evidence of a former occurrence or action of some event or agent...” (e.g., gunshot “Presumptive testsresidue) along with “...a very small amount of substance, often too small to be measured”

Presumptive tests

are used to establish the possibility that a specific bodily fluid is present, but they do not conclusively prove the presence of a specific substance

confirmatory tests

conclusively identify a biological material

What is impression evidence?

impression evidence is created when an object leaves behind an indentation or mark. Impression evidence can be two-dimensional, like a fingerprint, or three-dimensional—like footwear imprints

Accreditation of forensic science programs:

According to the Forensic Science Education Programs Accreditation Commission (2021) its goals are

1. to use the National Institute of Justice Technical Working Group for Education and Training in forensic Science (TWGED) and the TWGED-DE curriculum guidelines to develop, to implement, to maintain, and to enhance rigorous, consensus educational standards for undergraduate and graduate forensic science programs at accredited institutions of higher education;

“2. to develop and to implement a set of well-defined procedures for evaluating forensic science programs against those standards; and,

“3. to encourage self-evaluation and continual improvement of forensic science education programs through the accreditation process”

In 1928 the National Academy of Science and the NRC recommended the development of what institutes and why

Medicolegal institutes to affiliate medical examiners with hospitals and universities.

NRC also recommended this towards ME/CO

abolish coroner system, coroner duties become ME duties, ME offices be headed by scientifically trained pathologist, services of toxicology, bacteriology and other necessary sciences

What determines whether an medical examiner or coroner delivers death investigation services

Individual state statutes (NRC 243)

ME/CO jurisidiction is determined by

each state’s code

Name the Many purposes of ME/CO

serve CJS as medical detectives, identify and document pathologic findings, can testify in courts as expert medical witness

Options for improving coroners investigations

increasing statutory requirements, increase funding to improve capabilities, replace with ME

what is defined as a systematic external and internal examination of a body to establish the presence or absence of disease by gross and microscopic examination of body tissues

autopsy

Similarities in deficiencies of ME/CO

imperfect legal structure, inadequate expertise to investigate, inadequate resources and equipment to perform competent death investigations, inadequate training in disciplines, lack of best practices, lack of quality control measures, lack of research

The Accreditation Council for Graduate ME requires

forensic pathology programs to provide opportunities for scholarly research or other scholarly activities (lack of funding, lack of teaching, lack of spaceRe

Recommendation from the NRC to improve medicolegal death investigations

authorize appropriate funds to NIFS for states to establish ME systems, funds to build officers, equipment, administration,

Join Nat. Institute of health to support research, education, training in FP, establish Scientific working group to establish best practices, admin, staffing, education, training

According to NRC, education and training serve 3 purposes

prepare next generation, continued professional development and training, educate the users of FS analysis

NASEM recommends developing a strategic plan consisting of

short term/long term objectives, creating stability for the research community, provide a roadmap for critical advancements, develop formal and comprehensive plan for research advisory board, that NIJ incorporate research and evaluation into forensic activites, expand and recruit researchers,

NASEM says to

improve communication (mission, vision, plan, policies) and to measure outcomes

The human tendency to draw conclusions in certain situations based on irrelevant contextual factors, other than results of the examination

Contextual Bias

Stoel describes how contextual bias risks affected by certain psychological processes such as

bottom up processing

top down processing

Bottom Up Processing

when the examiner takes into consideration all the information available

happens more likely with less experienced workers

contribute to contextual bias because examiner/analyst more likely to be exposed to and rely upon irrelevant information prior to concluding their analysis.

Top Down Processing

expert, highly experienced examiner/analyst selectively processing information (ignoring potentially irrelevant information) based on their experience and training, their professional judgement.

contributes to contextual bias in that the examiner/analyst may be more cognitively rigid by ignoring or dismissing important, relevant information, and more likely to engage in “tunnel vision”

Describe the criminalists paradox

in a legit effort to come to an accurate conclusion, examiners use of relevant information can lead to error, but also the use of irrelevant information can contribute to a correct conclusion.

The use of irrelevant information can raise a likelihood of correct and incorrect outcomes

What are the four ways contextual bias can occur

Trace evidence itself, the reference materials, the case information, base rate information

Why can trace evidence cause contextual bias and how can we reduce it

there are features that are both inherent to the evidence itself and irrelevant to the specific analysis.

reduce: take photos of casings, remove blood stains, then match unmarked casings with gun casings (remove evidence)

Why can the reference manuals cause contextual bias and how can we reduce it

these are what analysts compare trace evidence with (non-crime scene items)

Danger- see characteristics that don’t exist

reduce- document marked spots on unknown casings, see if on known

Why can the case information cause contextual bias and how can we reduce it

includes information ir/relevant to the examiners analysis

reduce: don’t tell case details

Why can the base rate information cause contextual bias and how can we reduce it

This is when examiners basically “know” that police always submit real evidence recovered from crime scene. This can cause them to arrive at at conclusions based on this “knowledge”

Reduce: submit fake evidence, drop hint not real

But this is not very effective

What is another cause of contextual bias that the NRC calls attention to

labs being placed in law enforcement agencies

• culture

• agency depends on lab results

• exposure to “irrelevant” info

The scientific community and the US legal system seek what differently

truth

the legal system uses and adversarial process and the science community uses empirical data

The law puts a high price on ______, but science is comfortable and open to it

certainty and finality

Frye v. United States

general acceptance by the scientific community to allow expert testimony

Federal Rules of Evidence 702

if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, testimony is product of reliable methods, a witness qualified as an expert by knowledge, skill,
experience, training, or education, may testify thereto in the form of an opinion or otherwise

What court case held that the “gatekeeper” (trial court judge) is to consider if the proffered expert’s testimony is

Daubert v. MDP

Daubert v. Merrell Dow Pharmaceuticals

1. relevant to the specific legal question before the court

2. based on scientifically valid methods is or can be based on testable hypotheses or theory,

3. if there is a known or estimated error rate for the analytical method, use of existing standardized analytical
   methods or procedures

4. that have been subjected to peer review

   1. generally accepted by the relevant scientific communities

Kumho Tire Co. V. Carmiachael

the U.S. Supreme Court held that
when considering whether to allow a proffered expert whose testimony is not based upon scientifically valid methods but methods derived from specialized training and years of experience (technical) the “gatekeeper” is to utilize the Daubert criteria

General Electric v. Joiner

unless trial court’s gatekeeper “abused its discretion” when decided on whether to admit or exclude a testimony, the appellate courts cant reverse the trial courts ruling

Trilogy impact on FRE 702 came to these 4 conclusions

“A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to
understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case”

Weisgram v. Marley

Sides seeking to have expert testimony have only “one shot” in if that expert is not allowed to testify by the court, losing side will not be allowed to use additional evidence and testimonies.

Melendez-Diaz v. Massachusetts

grants criminal defendants the right to question and cross-examine, the analysts who compiled the forensic report against them

What is anchoring Bias

the tendency to place more than appropriate levels of reliance on the first piece of information acquired

What are the major questions of a black box study

1. What is a likely study hypothesis?
2. Who will be in the study?
3. What will the study “stimuli” or “evidence” be?
4. What will the study procedures be?
5. If foundational validity exists, what should the researchers expect to see in terms of their study
findings?
6. What is the relevance of the Daubert-Trilogy here?

difference between a sample and a population

a population is a whole group, a sample is a section of the population

Open set design

refers to a study or experiment where there is no guarantee that every questioned specimen will have a match within the known or reference se

Closed set design

where all specimens are expected to have a match

Why is an open set preferred over a close set?

More accurate, less error, used avoid underestimating false positives, but they can also lead to more inconclusive results. 

The differences between law and science have endangered both systematic and pragmatic dilemmas for the law and actors in it, why?

Because scientific evidence tests the ability of judges, jurors, prosecutors, who typically lack the scientific expertise to comprehend the evidence they are evaluating.

what is atomization

where a judge can take small parts of a larger research, does not have to use it all

Define Forensic Science

the application of scientific or technical practices to the recognition, collection, analysis, and interpretation of evidence for criminal and civil law or regulatory issues.

What gaps did PCAST tell Obama were missing in ensuring validity in fs disciplines

1)the need for clarity about the standards for the disciplines and ensure validity and reliability of methods 2) need to evaluate the methods to see if scientifically established to be valid and reliable

critics found that expert witnesses have often…

overstated the probative value of their evidence, going beyond what relevant science can justify

What is a feature comparison method

a method that attempts to determine whether an evidentiary sample is or is not associated with a potential source sample based on similar patterns, impressions, or features

What is known as the gold standard of forensic science

DNA analysis of single source samples

Foundational Validity means that a method can

be reliable, corresponds to the legal requirement

requires empirical testing to show R,R,A

To meet the criteria for validity as applied, what two tests must be met

1) examiner must have been shown to be capable of reliably applying the method and must actually have done so

2) the practitioners assertions about the probative value of proposed identifications must be scientifically valid

Subjective methods requirements

procedures must still be defined, but rely heavily on human judgement

what method is based on black box

subjective methods

Objective method study the measurement of

accuracy, reproducibility, and consistency of its individual steps

Because Subjective is based heavily on human judgment, therefore is is vulnerable to

human error, inconsistency across examiners, cognitive bias

What is defined as how often the method reaches a correct conclusion

accuracy

What disciplines are objective

single mixture dna analysis, complex dna mixture

what discipline is subjective methods

complex dna mixture, bitemarks, latent fingerprints, firearms, footwear,

What is used to establish FV on objective methods

scientific experts examining and verifying each step of the analytical process as appropriate as possible

What tests are used to establish FV on subjective methods

black box studies

What are the three cognitive biases

confirmation bias, contextual bias, cognitive dissonance

define cognitive bias

ways in which humans perceptions and judgements can be shaped by factors other than those relevant to the decision at hand

confirmation bias

where individuals interpret information, or look for new evidence, in a way that conforms to their pre-existing ideas or assumptions

Contextual bias

examiners judgement influenced by irrelevant information about the facts of a case

cognitive dissonance

where individuals are reluctant to accept new information that is inconsistent with their tentative conclusion

What is the proficiency test

assess an examiners capability and performance in making accurate judgements

In Daubert vs. Merrell Dow Pharmaceuticals, the SC ruled that

a trial judge must ensure that any and all scientific testimony or evidence admitted is not only reliant but reliable

what is criteria for Daubert

1. must be relevant testimony

2. a testable theory

3. generally accepted by the scientific community

4. based on standardized/ objective techniques

5. subjected to peer review

6. known estimated error rate

Kumho v. Carmichael Reinforced

“abuse of discretion” test for appellate review

In Kumho, the court stated

whether Daubert’s specific factors are, or are not, reasonable measures of reliability in a particular case is a matter that the law grants the trial judge broad latitude to determine.

What company is the largest external research funder supporting research at state and local labs and research conducted by academies

Also mostly funds applied/practical research

NIJ

who is the largest funder of basic research in US

most money goes extra-mural

National Science Foundation

How is NIST involved in forensics

promotes innovation, advances in measurements, standards and technology enhances economic security

3 core competencies: measurement, rigorous traceability, use of standards

not best source for FS, but funds intramural research

NASEM does what in FS research

distinguishes basic from applied research, provides guidance on research priorities and methodologies.

FBI lab and DOD

fund some for relevant research, intramural projects mostly

Francis Bacon theory

Scientific method holds that knowledge is gained through a process of strict objectivity in what will be studied. The hypothesis to be tested, how data is collected analyzed and interpreted.

Karl Poppers Falsification Theory

Believed that all science begins with a theory or hypothesis. Knowledge is gained when you actively seek to prove that theory false or invalid by attacking it at its weakest points.

Thomas Kuhn’s Paradigm Shifts

the fundamental shifts in how we understand the world undergoes these tectonic shifts every now and then, changing how we understand the world.

Ex) gold strand going from fingerprints to DNA

Critique- how big does a change need to be?

Evolved theory of Science

Holds that scientific knowledge often advances slowly but steadily with researchers critiquing each others work, being as objective and honest as possible.

Goldstein critiques of science theories

Believes that all of these theories combined are correct. Modern science is a little bit of each one.

Science is what kind of process

an adversarial process because it is constantly growing and changing.