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Threats to Justice from Forensic Science Threats to Justice from Forensic Science

Threats to Justice from Forensic Science - PowerPoint Presentation

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Threats to Justice from Forensic Science - PPT Presentation

Professor Angela Gallop CBE CCRC Anniversary Conference 2 November 2017 Perspective 1974 Forensic Science Service for policeprosecution and defence Imbalance between supply and demand backlogs and demoralisation single mindset miscarriages of justice ID: 702755

evidence forensic dna defence forensic evidence defence dna digital police accreditation examples science case wrong analysis effect csi cases review accredited prosecution

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Slide1

Threats to Justice

from Forensic Science

Professor Angela Gallop CBE

CCRC Anniversary Conference

2 November 2017Slide2

Perspective

1974 – Forensic Science Service for police/prosecution and defence Imbalance between supply and demand, backlogs and demoralisation, single mindset, miscarriages of justiceBudgets devolved to police, creation of forensic market and competition, and formal Quality systemsFaster, cheaper, more innovative services – backlogs eliminated, more complex cases solvedComparing apples with pears – new procurement system, more control by policePlus pressure on police budgets, digital revolution – more insourcing “The farther backward you can look, the farther forward you are likely to see”Slide3

Current Challenges

Responding to the digital revolutionEffects of tighter police (forensic) budgets:More in-sourcingLess work per caseMore focused workMore fragmented workMore streamlined reportingLack of accreditation, and human errorCSI effectShortcomings often only emerge after scrutiny by defence expertBut funding pressure on defence work too Slide4

DigitalForensics

Different levels of expertise, some analysts reject expert status Exponential increase in workloadRapidly changing technologyCost/complexity of accreditationIntegrating digital technology with conventional forensicsCase example:Suspect alleged to have been ‘in the vicinity’ of the crime scene from cell site analysis. But full analysis showed same cell site pattern for 4 nights prior, and 1 night after incident, and he could have been at a location 5 miles away where he said he’d been. Crown offered no evidence.Slide5

MoreIn-Sourcing

Loss of independence/perceived independenceGreater risk of ‘cognitive bias’‘Stretching’ expertise to increase capabilityMore fragmentation of investigationsLower accreditation status (currently)Case examples where defence review:Identified gross DNA contamination within in-house lab – DNA evidence disregarded at courtDemonstrated incorrect firearm identification, and lethality assessment by force armourerExposed exculpatory evidence not even in unused material in arson case – 1 of a series of 7 recent cases where the wrong person has been identified/charged Slide6

Less WorkPer Case

Selecting just 1 or 2 items for 1 or 2 tests Risk of selecting the wrong onesProvided with insufficient contextual informationRisk of obtaining an incomplete picture and drawing the wrong conclusionsCase examples: Only 5 of a reported 17 glass fragments analysed by accredited organisation ‘matched’ the reference glass sample; detailed tests only performed on 1 of the 5 fragments. Scientist’s notes indicated he originally thought just 5 matched – no note why he changed his mindComplex rape where victim wiped herself with tissue as substitute for intimate swabs. DNA on tissue matched defendant. Prosecution commissioned ‘source only’ statement which was interpreted as strong evidence. But defence expert addressed activity as well as source and concluded evidence was neutral – prosecution scientist agreed Slide7

WorkIncreasinglyFocused

On DNA, fingerprints and digital forensicsLeading to de-skilling in other areaseg. textile fibresAnd diminishing ability to take holistic approachIgnoring/forgetting lessons learned in how to solve complex casesCase examples:Coastal Path, and Stephen Lawrence murderswhere blood/DNA was only found as a direct consequence of searches for textile fibres and/or paint Slide8

More StreamlinedReporting

Streamlined Forensic Reports (SFRs) intended as more proportionate to reduce costs, bureaucracy and delaysProvide information about possible sources of evidenceBut often also used to indicate activity(ies) that could have given rise to evidenceNot always clear on what grounds SFR should be challengedNo grounds, no fundingSlide9

Accreditationand Human Error

Formal accreditation very important - not all forensic facilities currently accreditedUnpopular because complicated and costlyEven then, doesn’t rule out mistakes or malpracticeCase examples from accredited laboratories: Re-use of analytical consumables resulted in innocent man accused of rapeInstrument set-up allowed same sample to be tested twice,and glucose reported as heroinContamination between adjacent samples because not properly separated by blank samples

Sample handling error compounded by poor communication between police and forensic laboratory – resulted in inappropriate link to crimeImproper manipulation of quality control dataNo current requirement for accreditation for defence expertsHard for accredited firms to be competitiveSlide10

CSI Effect(initiated in 2000)

May raise expectations about what’s possibleAnd what’s routine practiceAnd about probative value of forensic evidenceEncourage amateur sleuthingMain concern is juries acquitting in cases with noforensic evidence, where before they would have convictedBut detailed academic study found no evidenceof CSI Effect from anecdotes, surveys oflawyers, surveys of jurors, psychological experiments, and analysis of acquittal rate data(Cole & Dioso

-Villa, Investigating the CSI Effect’ Effect: Media and Litigation Crisis in Criminal Law, 1335 STANFORD LAW REVIEW 61 Issue 6 (2009)Slide11

AvoidingMiscarriages

Broader discussion about in-sourcing by policeAll forensic providers must be accreditedForensics used properly or not at allMaintain broad skill base and holistic approaches to exploit thisAutomatic independent review where forensic evidence is criticalUse lessons learned from DNA to improve digital servicesSlide12

Footnote

Miscarriages take long time to emergeWhen they do, people may look back and believe they started in 2012That’s when the Forensic Science Service (FSS) closedPost hoc ergo propter hocAnd there will be calls for a new FSSAnd history will repeat itselfSlide13

History

Repeating ItselfSlide14

Threats to Justice

from Forensic Science

Professor Angela Gallop CBE

CCRC Anniversary Conference

2 November 2017