Quality Assurance Midterm

Science

a body of knowledge and a method of inquiry to find out about the universe

Observation, Theory and Experiment

theories (hypothesis) arise from observations made, experiments conducted, and data gathered

Scientific Process

test -> theory -> observation -> repeat

Induction

inferential method in which a conclusion is drawn based off observations made, accepting that the conclusion may be wrong

Deduction

inferential method that starts from a general statement (hypothesis) and reaches a specific logical conclusion

Abduction

inferential method that starts from an observation, result, finding then seeks to find the simplest and most likely explanation

Forensic Science 3 Processes

individualization

identification

classification

Individualization

assigning an item of evidence to a class of one excluding all other pieces of evidence

Identification

what is it, how much is there

Classification

assign an item to a smaller class & the smaller the class, the greater the value of evidence

Two Basic Types of Tests

analytical - qualitative & quantitative test

functional - comparative test

Forensic Scientist

a person who relies on a body of scientific knowledge of the application of the scientific method to help resolve legal disputes

Forensic Practitioner

those that practice a forensic science that is not a science in the ordinary sense of the word

Federal Rules of Evidence (702)

1. the experts scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or determine a fact in issue

2. the testimony is based on sufficient facts or data

3. the testimony is the product of reliable principles and methods

4. the expert has reliably applied the principles and methods to the facts of the case

ISO (International Organization for Standardization)

major standards body - created in 1947

current headquarters in Geneva, Switzerland

independent, nongovernmental worldwide federation

according to ISO - ISO stands for isos (greek work meaning equal)

Quality

ISO defines it as the degree to which a set of inherent characteristics of an object fulfills requirements

Standard

a document established by consensus and approved by a recognized body that provides for common and repeated use of rules, guidelines or characteristics

Competence

ISO definition - the ability to apply knowledge and skills to achieve intended results

Accreditation

ISO 17011 definition - third party attestation related to a conformity assessment body conveying formal demonstration of its competence to carry out specific conformity assessment tasks

Accrediting Body

authoritative body that preforms accreditation with a note that the authority of an accreditation body is generally derived from the government

provide independent oversight of conformity assessment bodies & accredit them to the relevant standards

Quality Management

quality control - measuring, testing, inspections

quality assurance - preventing non conformities

Metrology (Science of Measurement)

accuracy/trueness - agreement of true value

validation - reliability of scientific information

reliability - meaning can vary by discipline (generally indicates precision)

measurement - property of something

error - difference between measured and true values

uncertainty - confidence interval

comparability - reference material (metrological traceability/commutability/harmonization & standardization)

data basing - constructing and populating databases to store and process data for the purpose of providing forensic intelligence

Cognitive Bias

error in reasoning that may lead to a mistake

Types of Cognitive Bias

context - biasing extraneous info gained from case involvement

confirmation - bias arising from the desire of humans to find evidence that supports held hypotheses/belied & avoid that which does not

expectation - bias arising from expected findings/observations/results

Inherent Characteristics that Define Quality

competence of the organization

competence of the individual

validity of methods employed

Three Main Areas of Focus Evaluation

miscarriages of justice

poor performance/competence from the point of view of both science and the law

discriminating power of DNA evidence

ASCLD (American Society of Crime Laboratory Directers)

primary SDO until it adopted ISO standards in 2008

originally created in response to poor performance and lack of consistency on proficiency test among forensic scientists

ASCLD-LAB (American Society of Crime Laboratory Directors Laboratory Accreditation Board)

Inspector Generals Report to FBI - 1997

lead to the creation of a quality management system with independent accreditation

Working Groups

provide research and consensus of standards

NRC (National Research Council)

established by National Academy of Sciences to associate the broad community of science and technology with the academy's purposes of furthering knowledge and advising the US federal government

NRC Report - 2006

study conducted of forensic science with the intent to assess present and future resource needs of the forensic science community, make recommendations for maximizing the use of forensic science, identify potential scientific advances that may help law enforcement to use forensics

NRC Report - Major Issues

1. disparities in operations within the forensic science community

2. lack of mandatory standardization, certification, accreditation

3. broad range of included science disciplines

4. inconsistency of interpretation

5. need for limits and measure of performance

6. admissibility in court

NRC Chapter 6 - Improving Methods, Practice & Performance in Forensic Science

1. independence of forensic science laboratories

2. uncertainty and bias

3. reporting results

4. the need for research

Good Scientific Practice

validation of new methods

study of uncertainty and error

recognition of sources and bias

fluidity and acceptance of new ideas

Reliable

decision of reliability is for the trial judge alone and expert evidence would be sufficiently reliable if

(a) the opinion is soundly based

(b) the strength of the opinion is warranted having regards to the grounds on which it is based

Frye Standards (Frye v United States - 1923)

admissibility ruling based on general acceptance regarding polygraph evidence

Daubert Standards (Daubert v Merrel Dow Pharmaceuticals - 1993)

judge as the gate keeper, considers:

if the theory in question had been empirically tested

if the theory had been subject to peer review & published

if known or potential error rates were present

the court advised that the old "general acceptance" criteria of the Frye test could be considered

Daubert Trilogy (General Electric Co. v Joiner - 1997 & Kumho Tire Co. v Carmichael - 1999)

General Electric Co. v Joiner - not and abuse of discretion by judges to exclude the testimony that is not meeting the daubert criteria

Kumho Tire Co. v Carmichael - daubert applies to all expert testimony including that which is nonscientific

Three Pronged Frye Test (People v Castro - 1989)

prong 1 - is there a theory that is generally accepted in the scientific community which supports the conclusion that DNA forensic testing can produce reliable results

prong 2 - are the techniques or experiments that currently exist that are capable of producing reliable results in DNA identification and that are generally accepted in the scientific community

prong 3 - did the testing laboratory preform the accepted scientific techniques in analyzing the forensic samples in this particular case

Hierarchy of Standards

level 1 - generic standards that apply to organizations preforming particular activities (ISO/IEC 17025)

level 2 - standards that adapt and interpret the highest level standards to meet the needs of a particular industry or field of application (ISO/IEC 17011)

level 3 - standards that address the specifics of the forensic science process

IAF (International Accreditation Forum)

worldwide association of accreditation bodies and other bodies interested in conformity assessment

primary function - develop a single worldwide program of conformity assesment

ILAC (International Laboratory Accrecitation Cooperation)

international organization for accrediting bodies operating in accordance with the International Standard ISO/IEC 17011

ISO 17011

conformity assessment standard that has general requirements for accreditation bodies accrediting conformity assessment bodies

Forensic Science Process - Level 3 SDOs

american academy of forensic sciences standards board (ASB)

american society for testing materials (ATSM International)

AAFS-ASB (American Academy of Forensic Sciences ASB)

level 3 forensic science process SDO, created in 2015 & accredited by ANSI as an SDO providing consensus based standards for forensic science

ANSI (American National Standards Institute)

Method Validation - Level 3 SDOs

AOAC International

international union of pure and applied chemistry (IUPAC)

Discipline Specific - Level 3 SDO

specialist working groups (SWG)

scientific area committees (SACs)