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Reliability
consistency or repeatability of a measure or observation
Test-retest reliability
degree to which a measure yields the same results over time
interrater relaibility
degree to which two or more observers or analysts independently arrive at the same measurement
validity
technique measures what it is supposed to measure
How is DNA evidence tested?
electropherogram - visual display of alleles and loci
2 alleles at each locus
height of peak at different loci
if trace does not match source, it could be:
samples from different individuals
trace was contaminated
DNA is:
1. Reliable and valid method
2. Most objective (relies on computers)
3. Based on solid scientific foundation
Limitations of fingerprint evidence
- Fingerprints are not in the computer database
- Uncertain that “no 2 fingerprints are identical”
- Latent print quality
False positive
- “false alarm”
- Forensic analysts usually fall under false positives when determining a match
Confirmation bias
If I deem something to be true, I will then seek evidence to confirm it and ignore the evidence that does not support the hypothesis
Evidence of questionable validity
- Do two bullets match?
- Can tools leave signature patterns that can be matched?
- Can trace hairs be matched to a source?
- Can a bite mark be matched to teeth?
4 ways of communicating a match
Qualitative statement – subjective statement about the strength of the match
E.g. source attribution to a reasonable medical certainty
Simple match – statement that the tract and source share certain characteristics
Match plus statistics – statement that incorporates statistics that place the match in context
Individualization – match is so detailed that the trace could have only come from one person
strategies for communicating the nature of a match
How often are forensic analysts wrong when they determine a match?
Especially rate of false positive
Difficult to calculate for most types of trace evidence
Do not allow claims of professional experience to substitute for solid scientific foundation
“Match” implies close correspondence
“Consistent with” may be a better term
2016 department of justice directed experts to stop using “to a reasonable degree of scientific certainty”
Profiling
Process of drawing inferences about a criminal’s personality, behavior, motivation, and demographic characteristics based on crime scenes and other evidence
1. Pioneered by FBI’s Behavioral Science Unit
2. Involves understanding offender and victim
3. Largely unvalidated techniques
Signature
distinctive, personal feature of the crime that presumably reveals the killer’s personality
1. Seen as the “why” or the crime
Characteristics of white make serial killers of average intelligence
Suffer from brain injury that impairs rational thinking
Abused in childhood
Maladaptive behaviors in childhood
Killing animals
Seek to dominate victims
Prefer more intimate methods of murder
Stabbing, strangulation, etc.
Interest in violent pornography
Murder is highly sexualized
Victims tend to all be a certain type
Specific hair color, body type, race, etc.
Replay killings for sexual stimulation
Taking clothes, hair
Organized serial killers
Carefully select, stalk, and plan
Demonstrate patience and self-control
Clean up evidence after murder
Use more elaborate rituals
E.g. torture or dismemberment
Problem with Holmes & Holmes (2010) classifications
most serial killers do not fall neatly into one of these categories
Visionary
psychotic, hears voices, see visions
Mission-oriented
kill people they believe are evil
Hedonistic
kill others for thrill and sadistic sexual pleasure
Power-oriented
get satisfaction from victim capture and control before killing
Effectiveness of profiles
Very little research on effectiveness of profiles
Study of 184 detectives found:
Most said profiling was helpful
2.7% of profiles led to identifying the perpetrator
Profilers’ accuracy rates generally less than 50%
No discernible demographic resemblance between criminals who committed very similar crimes
May cause investigators to look for wrong type of person
3 stages of memory
Encoding – gathering information and putting it into a form that can be held in memory
Imperfect encoding
Storage – holding encoded information over time
Deterioration over time
Retrieval – accessing and pulling out stored information
Retrieval distortion
Loftus (1984)
347 cases where the only evidence was an eyewitness
74% convicted
49% there was only 1 eyewitness
Cross-racial identification
Cross-race accuracy is worse than within-race accuracy
Begins around 9 months old
Misidentification is about 1.5 times more likely
Relationship between stress and accuracy
Flashbulb memory
Stress negatively affects accuracy
Fear for one’s own safety
Weapon focus effect
Further impairs recognition
Relationship between confidence and accuracy
Highly correlated with persuasiveness
Weakly correlated with accuracy
Witness investment in identification correctness increases over time
Loftus and Palmer (1974)
“Ran the stop sign” – 53% vs 35%
“Did you see the broken headlight” – 2x more likely to say yes instead of using a broken headlight
“smashed” vs. “contacted” – 41 mph vs 31 mph
Contextual bias
tendency for extraneous influences in the immediate environment to taint one’s judgment
E.g. seeing a gory crime scene, being told a suspect confessed
Especially in cases where latent print is not clear
Fingerprint evidence
1892: Francis Galton described fingerprints
1901: conviction on basis of fingerprint evidence
Friction ridges – swirling lines on fingertips
Helps to create friction and allows us to better grasp objects (loop, swirl, arch)
How is fingerprint evidence produced?
Latent prints – fingerprints found on a surface at the scene of a crime
Enhanced using powder, special lights, and magnification
Potential matches are narrowed by a computer
BUT human examiner makes the final decision
Limitations of fingerprint evidence
Fingerprints are not in the computer database
Uncertain that “no 2 fingerprints are identical”
Latent print quality
Matching is done by comparing ridge characteristics
Bifurcations: single ridge splits into two
Ends: ridge stops
Crossovers: two ridges joined by a bridging ridge
Independence: short ridges with clear end points
Ways to reduce bias and error in forensic testing
A solid scientific foundation demonstrating the validity of an identification technique is a precondition for trustworthy analysis
Ensure proper handling of trace evidence
Retest trace evidence on routine basis
Institute blind proficiency testing and certification of forensic analysts
Designate evidence as property of legal system
Rather than property of prosecution
Post-identification feedback effect
Tendency for biased feedback to distort the memory of eyewitnesses
Ex. Remember having a better view of the criminal, making the identification more easily, having paid more attention to the crime
Cognitive dissonance
When our actions and thoughts/feelings are not in harmony
Causes discomfort
Change one so that they are in alignment
Ways to improve eyewitness identification
pre-lineup interview
evidence-based grounds for putting suspects in lineups
blind lineup administrator
unbiased lineups
bias-reducing instructions
Pre-lineup interview
Should be conducted as soon as practical and recorded
Include eyewitnesses’ verbal description and information about prior familiarity with the culprit, self-reports about level of attention, and viewing conditions at the time of the crime
Use open-ended questions and avoid suggestive or leading questions
Instruct witness not to discuss crime with other witnesses or search the internet for photos
evidence-based grounds for putting suspects in lineups
Use documented evidence-based grounds to suspect an individual is guilty of specific crime being investigated
Avoidance of culprit-absent lineups
Blind lineup administrator
decreases unintentional communication of suspect
Unibased lineups
Suspect does not stand out from the fillers
At least 5 fillers
Mock witness test
Bias-reducing instructions
The true criminal may not be in the lineup
Remove pressure to pick someone
Person conducting lineup does not know who the suspect is
Discourages looking to others for clues
If they feel unable to decide, they have the option of responding “don’t know”
After deciding they will be asked to state how confident they are in that decision
The investigation will continue even if no identification is made
Confidence ratings
Confidence is likely to change between lineup and trial
Take rating immediately after lineup
High confidence is correlated with accuracy
If lineup is unbiased
Video record lineup identification
Including pre-lineup instructions and witness confidence statement
Avoid show ups
Highly suggestive that one person is culprit
Avoid repeated identification procedures with the same witness and suspect
First exposure to a suspect increases the probability that witness will identify the suspect as the culprit in the second
Expert testimony (like a psychologist) on eyewitness identification
Sensitizes jurors to the:
Viewing and lineup conditions that compromise or enhance accuracy
Relationship between witness confidence and accuracy