f o c u s. autonomy and the practice of forensic science r. e. gaensslen director of graduate...
TRANSCRIPT
F O C U S
Autonomy and the Practice
of Forensic Science
R. E. Gaensslen
Director of Graduate Studies
Forensic Science GroupUniversity of Illinois at
Chicago
ASLME DNA and Civil LibertiesWorkshop 2, Sept 2004, Boston
Laboratory Autonomy
Operational ForensicScience Laboratories
Does the administrative housing of the laboratory contribute to creation, or prevention, of intrinsic bias or error in testing and / or interpretation ??
LawEnforcement
Departmentof Health
MedicalExaminer
IndependentCommercial
ERROR / BIASSystemic: > intrinsic to the lab / organization
> independent of individual examiner
Individual:> intrinsic to the person> independent of the lab / organization (?)
Intentional / Unintentional
The Los Angeles TimesSunday, August 21, 1994 Scores of Convictions Reviewed as Chemist Faces Perjury Accusations Forensics: Fred Zain's expert testimony and lab tests helped put scores of rapists and murderers behind bars. But college transcript shows he flunked some chemistry classes and barely passed others. He is also accused of evidence-tampering. by SAU CHAN, ASSOCIATED PRESS
Crime lab chemist goes on trial for alleged fraud By The Associated PressCHARLESTON, W.Va. At one time, Fred Zain was a prosecutor's dream: a respected crime lab chemist with a compelling courtroom demeanor whose testimony helped convict hundreds of people.The trouble, authorities now say, is that much of what Zain had to say was questionable at best, or outright lies at worst.
Allegations of individual bias - apparently intentional
Allegations of individual error – motivation less evident
… questions about her work serve as a reminder of the grave harm that a single person in the criminal justice system apparently can cause – either through malice or incompetence – if the rest of the system offers little more than malign neglect.
USDOJ/OIG Special Report
The FBI Laboratory: An Investigation into Laboratory Practicesand Alleged Misconduct in Explosives-Related and Other Cases (April 1997)
Allegations of organizational bias, or at least neglectful leadership
The Chicago Police Dept Laboratory displayed serious deviations from established crime laboratory standards for care of crime laboratories in 1986.
A fraction of – but not all – these cases were handled by the Chicago Police Department, and the laboratory work was done in the CPD Laboratory
The day before leaving office, Illinois Gov. George Ryan commuted the sentences of everyone on death row.
Tests, procedures, protocols themselves
Results
Sources of Error / Bias
Recording, transposing data
Specimen mixups
Interpretation
RESULTSRESULTS
INTERPRETATIONINTERPRETATION
RESULTS
1. Raw, unfiltered data
2. “Interpreted” raw data
INTERPRETATION1 Of the test results in terms of what is known about the science
2 Of the first level interpretation in terms of the case or situation at hand
RESULTS
1 Raw, unfiltered data
2 “Interpreted” raw data
INTERPRETATION
1 Of the test results in terms of what is known about the science
2 Of the first level interpretation in terms of the case or situation at hand
Subjective
Objective
LEVELS OF CERTAINTYin Match / Inclusion Cases
Is
Could Be Estimate of Probability / Likelihood
Could Be Frequency Estimate
Could Be / Consistent With
Sins of Commission / Sins of OmissionAll the professional organizations have codes of ethics, but there is not always widespread agreement in the profession about exactly what constitutes an ethical violation
Debate often centers on exactly how much responsibility rests on the scientist / expert vs. how much lies elsewhere, e.g. with the prosecutor or defense attorney, with the court, with the jury, etc.
It is probably harder to get consensus about “sins of omission” being unethical than it is about less equivocal “sins of commission”
Strategies for Avoiding / Detecting / Correcting Error or Bias
• QA - QC
• Lab Audits – internal / external
• Proficiency testing – open or blind
• Testimony audits
Accreditation guidelines and goals include many of these strategies
• Criminalist / analyst certification
• Reanalysis by opposing side experts
Should analysts be blinded?
To perform their functions properly, criminalists have to know what the questions are
Avoiding / Detecting / Correcting Error or Bias
Choices / judgments are part of the examination
Effect of the laboratory administrative setting Effect of the laboratory administrative setting
• Real / Perceived
• Explicit / Subtle (the “culture”)
• Avoiding unintended consequences of change
• Teasing out the laboratory’s agenda
E N D
Thank You