3.Christensen+%26+Crowder+%282009%29

Abstract

  • Forensic anthropologists must develop and adhere to professional standards due to issues of professional standards and error rates being addressed in courts.

  • A new interest in critically assessing techniques used in forensic anthropology has arisen, particularly regarding validation, error rates, and professional standards.

  • The formation of a Scientific Working Group for Forensic Anthropology (SWGANTH) aims to encourage discourse and develop consensus guidelines.

  • The paper emphasizes that enhancing research and methodologies to meet higher standards is crucial for quality and consistency in forensic anthropology.

Key Concepts

Admissibility Criteria

  • The U.S. Supreme Court established standards for expert testimony through cases: Daubert v. Merrell Dow Pharmaceuticals, General Electric Co. v. Joiner, and Kumho Tire Co. v. Carmichael.

  • These rulings aim to ensure reliability and relevance of scientific or technical testimony admitted as evidence in court.

  • Since the Daubert ruling, forensic disciplines, including anthropology, are urged to re-evaluate techniques and the underlying scientific theories.

Concerns in Forensic Anthropology

  • Forensic anthropology uniquely combines traditional scientific methodologies with observational methods, which may complicate validation.

  • No standardized guidelines currently exist specifically for forensic anthropological methods regarding recovery and analysis of remains.

  • While there are recognized laboratories like the Department of Defense's JPAC, ASCLD/LAB does not specifically acknowledge anthropology as an accreditable discipline.

Scientific Working Groups (SWGs)

  • SWGs are formed by experts in a scientific discipline to formulate and review examination protocols and validation processes.

  • These standards are increasingly recognized by courts, underscoring the need for forensic anthropology to commit to high-quality analyses.

  • The SWGANTH was created to draft and disseminate guidelines aiming for consistent quality in forensic anthropology practice.

Major Court Cases Impacting Forensic Anthropology

Daubert v. Merrell Dow Pharmaceuticals

  • Addressed issues of methodological soundness for scientific evidence and established guidelines for admissibility based on testing, error rates, standards, peer review, and general acceptance.

  • Judges act as gatekeepers to prevent unreliable evidence from influencing trials.

General Electric Co. v. Joiner

  • Clarified that expert testimony must not merely rely on subjective belief but should be based on demonstrated links between data and conclusions.

  • Established that appellate courts defer to trial courts unless there is an abuse of discretion.

Kumho Tire Co. v. Carmichael

  • Extended the Daubert standard beyond scientific testimony to include all expert testimony, reinforcing the need for flexibility in assessing admissibility criteria.

  • Judges must apply rigorous standards to all expert testimony, regardless of it being classified as scientific or technical.

The Aftermath of the Trilogy

  • The Daubert trilogy has influenced many forensic disciplines to reassess their methodologies.

  • A significant percentage of judges find the Daubert standard valuable, promoting more reliable expert evidence in court.

Quality Assurance in Forensic Anthropology

  • Objective to minimize error through rigorous quality assurance mechanisms, including method validation and professional standards.

  • Many anthropological methods currently lack quantifiable validation efforts, leading to concerns about their reliability.

Validation Studies and Error Rates

  • The field must establish standards for empirical validation to assist researchers and courts.

  • Subjectivity inherent to anthropological methods necessitates careful evaluations of reliability, emphasizing that subjectivity doesn't equate to unreliability.

Professional Standards

  • The implementation of best practice protocols and standards is crucial for improving the quality and reliability of forensic anthropology in court.

  • SWGANTH represents an effort to establish recognized guidelines in forensic anthropology, focusing on training, ethics, statistics, and documentation among other areas.

Conclusions

  • The field of forensic anthropology must improve validation and error estimation while standardizing methods to align with legal requirements.

  • The formation of SWGANTH should promote higher-quality practices and discourse among practitioners.