The_Global_Practice_of_Forensic_Science_----_(28_Forensic_science_practice_in_the_United_States)

Forensic Science Practice in the United States

28.1 Introduction

• Major themes impacting forensic science in the U.S. include:

  • Scientific progress

  • Legal and court developments

  • Practice and policy changes

  • Standards and methods

  • Education, training, and research

  • Funding and national direction

  • Cultural perceptions

28.2 Scientific Progress

• Advances in forensic disciplines are crucial, particularly in DNA testing, which has become the "gold standard."

• The 2009 NRC report provided critical insights into the scientific limitations in forensic practices.

• Technological advancements include:

  • Automated Fingerprint Identification System (AFIS)

  • Combined DNA Index System (CODIS)

  • National Integrated Ballistic Information Network (NIBIN)

28.3 Legal Considerations

• Forensic science serves the legal system, providing evidence and expertise.

• Key case law:

  • Daubert v. Merrell Dow Pharmaceuticals: Revised admissibility standards for scientific evidence.

  • Maryland v. King: Upheld the collection of DNA from arrestees.

  • Melendez-Diaz v. Massachusetts: Addressed requirements for forensic scientists to testify.

• Innocence clinics have utilized DNA evidence to exonerate over 300 individuals.

28.4 Policy and Practice

• Forensic labs often face chronic underfunding and resource shortages. Common issues include:

  • Backlog of cases

  • Untested sexual assault kits

• Calls for independent oversight of forensic services have been echoed by blue ribbon commissions.

• National efforts involve:

  • Joint DOJ and NIST initiatives to support standards and practices.

28.5 Standards and Methods

• Laboratory accreditation and examiner certification have improved over time, although they remain largely voluntary.

• The Forensic Specialties Accreditation Board oversees certification programs for various disciplines.

• The establishment of standardized testing procedures and ethics codes is ongoing.

28.6 Education, Training, and Research

• Significant strides in forensic science education have been made, influenced by TWGED guidelines and the emergence of accredited programs.

• Research funding has increased from agencies like NIJ and NIST, but gaps remain in certain forensic disciplines.

28.7 National Direction and Funding

• State and local forensic services dominate the U.S. landscape, raising questions about federal oversight roles.

• Recent federal initiatives focused on expanding DNA testing and addressing backlogs in laboratories.

• Important legislation is pending in Congress aiming to improve forensic science practices.

28.8 Popular and Legal Culture

• Forensic science's portrayal in media (e.g., TV shows) has raised public expectations and awareness.

• The "CSI effect" highlights how media influences juror and public perceptions of forensic evidence.

• Critics urge stronger grounding in scientific standards within both media representations and legal practices.

28.9 History of Forensic Services

28.9.1 Criminalistics

• The first U.S. crime labs were established in the early 20th century due to poor evidence handling.

• Key organizations and journals like the American Academy of Forensic Sciences promote advancement in the field.

28.9.2 Questioned Documents

• The field of questioned document examination has roots dating back to the 1800s with influential figures like Albert S. Osborn.

28.9.3 Forensic Pathology/Biology

• Established systems for death investigations have evolved alongside the coroner and medical examiner systems.

28.9.4 Forensic Toxicology

• Comprised of testing for drug-related cases, forensic toxicology is vital for understanding toxic effects and substance impacts.

28.9.5 Forensic Anthropology

• Involves the examination of human skeletal remains, aiding in legal question resolutions regarding identity and cause of death.

28.9.6 Forensic Odontology

• Focuses on dental record comparisons for identification purposes; gaining importance in legal investigations.

28.9.7 Psychiatry and Behavioral Science

• Addresses mental health issues associated with legal responsibilities and treatment within the criminal justice system.

28.9.8 Engineering Sciences

• Involves structural evaluations and failure analyses; crucial for legal accountability and safety standards.

28.9.9 Digital and Multimedia Science

• Concentrates on the examination of digital evidence which has grown alongside advances in technology.

28.10 Forensic Caseloads

28.10.1 Overview

• The Census of Publicly Funded Forensic Crime Laboratories and Medical Examiners provides insights into operational demands.

28.10.2 Questioned Documents

• Limited data are available, with only a small percentage of labs focusing on these types of examinations.

28.10.3 Forensic Pathology/Biology

• A significant number of cases are referred to medical examiners, with varying acceptance across jurisdictions.

28.10.4 Forensic Toxicology

• Over one-half of U.S. crime laboratories conduct toxicological tests with varying scopes based on jurisdiction size.

28.10.5 Forensic Anthropology and Odontology

• The utilization of anthropologists and odontologists is generally confined to larger jurisdictions.

28.10.6 Psychiatry and Behavioral Science

• Limited data on the caseload and impact of forensic psychologists and psychiatrists in legal contexts.

28.10.7 Engineering Sciences

• Limited demand for forensic engineers within public labs; primarily a consulting role.

28.10.8 Digital and Multimedia Science

• Growing requests for digital forensic analyses reflect technological advances in evidence gathering and crime investigation.

28.11 Structure of Major Initiatives

1. Most programs originate from within the professional community; external legislative measures also influence practices.

2. Federal agencies fuel the development of research, while Congress plays a vital role in funding and policy creation.

3. Growing emphasis on establishing consistent standards and practices through various governmental and scientific bodies.

28.12 Integration of Forensic Sciences

• Effective integration among law enforcement, judicial, and scientific communities is necessary to utilize forensic evidence effectively.

• Good communication and collaboration among all stakeholders is critical in handling forensic investigations and evidence management.

28.13 Recruitment

• Recruitment primarily occurs through traditional civil service channels and educational institutions, often influenced by media representations.

• Programs and conferences are being developed to inspire new entrants into the field of forensic science.

28.14 Education and Training

• Historically tied to natural sciences, educational needs are expanding as the forensic science field grows.

• New training programs and accreditation bodies have emerged to meet evolving educational demands in various specialties.

28.15 Funding and Political Influences

• Persistent funding challenges hinder the field’s growth since its inception; various federal initiatives aim to improve resource allocation and standards.

• Engagement and advocacy among forensic professionals for more political influence is increasing

28.16 Certification

28.16.1 Criminalistics

• Development of certification programs for forensic experts began in the late 20th century led by organizations like the ABC.

28.16.2 Questioned Documents

• Certification standards are established to maintain competency in the field through organizations like the ABFDE.

28.16.3 Forensic Pathology/Biology

• A significant shortage of forensic pathologists persists despite certification efforts by historical bodies.

28.16.4 Forensic Toxicology

• Standards and certifications have improved, driven by professional organizations to advance competence in toxicology.

28.16.5 Forensic Anthropology

• Certification from recognized boards ensures ethical and practical standards are met.

28.16.6 Forensic Odontology

• The establishment of standards for qualifications and practices aids in perpetuating high service standards.

28.16.7 Psychiatry and Behavioral Science

• Various certifications exist for forensic psychiatry, ensuring qualified personnel meet necessary standards.

28.16.8 Engineering Sciences

• Forensic engineers often gain recognition through membership in professional engineering societies.

28.16.9 Digital and Multimedia Science

• The IACIS provides education and certification to promote the field.

28.17 Accreditation/Quality Control

• The ASCLD/LAB accreditation program leads in establishing quality standards within forensic laboratories.

• Proficiency testing and standardized methodology are vital components of forensic science accreditation processes.

28.18 Disaster Preparedness

• Involves coordinated responses and resources from various forensic entities for large-scale disaster incidents to ensure effective recovery and identification.

28.19 Legal Issues

• Significant court cases have historically shaped the role and admissibility of forensic evidence in legal settings, leading to more rigorous standards.

28.20 Research, Technology, and Development

• Ongoing research supports advancements across forensic disciplines and broadens the understanding of forensic science's role in the justice system.

28.21 Future Directions

• NRC Report Impact: Highlighted changes needed post-report within the forensic community.

• Funding Influence: Federal funding drives quality improvements in forensic practices.

• National Commission: Efforts to standardize procedures ensure quality and consistency in forensic science across the nation.