Browsing by Subject "forensic science"

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    Scientific and Legal Developments in Fire and Arson Investigation Expertise in Texas v. Willingham
    (Minnesota Journal of Law, Science and Technology, 2013-07-01) Dioso-Villa, Rachel
    The forensic sciences, as a form of professional knowledge, are changing with new advancements in technology and continuing research and development. With the National Academy of Science’s recent call for more research and testing of the forensic sciences, the criminal justice system is faced with the challenges of handling cases where convictions are based on outdated or discredited evidence. In light of technological advancements in the field, this article examines the evolution of fire- and arson-investigation knowledge over the course of a highly publicized capital murder case. The history of arson investigation is discussed, as is the legal admissibility of such expert testimony. Arson investigation expertise stems from non-scientific or experience-based origins, yet is conveyed in court as scientific fact. The article identifies the dangers of admitting such testimony into court without scrutiny. The lack of scientific validation of investigative methods, overreaching scientific claims based on case facts and witness statements, and fire investigators’ susceptibility to contextual bias are discussed. The article raises questions as to whether and how the legal system has propagated the misuse of arson investigation testimony and how outdated understandings of evidence may impact the identification of future miscarriages of justice.
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    Two More Problems and Too Little Money: Can Congress Truly Reform Forensic Science?
    (Minnesota Journal of Law, Science and Technology, 2013-07-01) Maloney, Eric
    The goal of this Note is to analyze how the Forensic Science Reform Act would have improved forensic science nationwide, and whether a top-down approach from Congress can appropriately deal with essentially localized situations. Part I examines the current state of federal regulation on this issue, the 2009 report by the National Academy of Sciences "Strengthening Forensic Science in the United States: A Path Forward", new legislation, and the reasons why misconduct has occurred and continues to occur in forensic laboratories. Part II then takes a critical look at the Act and examines where it may succeed in leading to true reform and where it does not, then lays out other regulatory reforms that may be better suited to ensuring that we can have confidence in the findings of our forensic laboratories. In the end, this Note concludes that the Act does make several important improvements over our current regulatory system, but there is still a long way to go before our forensic science system truly meets traditional scientific standards and ensures confidence in the results obtained by forensic professionals.