Strengthening Forensic Science in the United States: A Path Forward

1. Strengthening Forensic Science in the United States: A Path Forward FRSC 8113 - Professional Preparation Professor Bensley Spring 2013

2. The NAS Report • 11/22/05 – Science, State, Justice, Commerce, and Related Agencies Appropriations Act of 2006 becomes law • Congress authorized the National Academy of Sciences to conduct a study on forensic science • Fall 2006 – committee established to implement this charge (forensic scientists, legal community, and a “diverse group of scientists”

3. The NAS Report – The Charge • Assess present and future resource needs of forensic science community • Make recommendations for maximizing use of forensic technologies and techniques • Identify potential scientific advances that may assist law enforcement to protect the public • Make recommendations for programs that will increase the number of qualified forensic scientists and medical examiners

4. The NAS Report – The Charge • Disseminate best practices and guidelines concerning the collection and analysis of forensic evidence to help ensure quality and consistency • Examine the role of the forensic community in the homeland security mission • Examine the interoperability of AFIS • Examine additional issues pertaining to forensic science as determined by the committee

5. The NAS Report – The Committee • Committee met several times between January 2007 and November 2008 • Heard testimony from federal agency officials, academics and research scholars, law enforcement officials, scientists, medical examiners, coroners, crime lab officials, independent investigators, defense attorneys, forensic science practitioners, and leadership of professional organizations • Released report on findings - 2/18/2009

6. The NAS Report – The Findings • Inadequate educational programs • Lacking mandatory and enforceable standards founded on rigorous research and testing • Unacceptable case backlogs • Under resourced and understaffed crime labs • Thin ties to academic research institutions • No mandatory certification and accreditation programs • Fundamental limitations in the knowledge base of some forensic disciplines

7. The NAS Report – The Findings • Limited funding for academic research • Extreme disaggregation in types of practitioners, education and training levels, and professional cultures • No dominant professional society with clearly articulated vision • No centralized governing body • Bias towards prosecution

8. The NAS Report - Recommendations • Establish an independent federal administrative body “National Institute of Forensic Science” • Establish best practices • Establish mandatory accreditation and certification • Promote scholarly, peer-reviewed research • Allocate funds appropriately • Oversee education standards and college program accreditation • Assess and develop new technologies

9. The NAS Report - Recommendations • Establish standard terminology and reporting on and testifying about results – model laboratory reports • Address issues of accuracy, reliability, and validity in the forensic science disciplines • Develop and establish quantifiable measures • Develop measures of uncertainty • Authorize and appropriate incentive funds to remove all labs from the administrative control of law enforcement agencies or prosecutors’ offices

10. The NAS Report - Recommendations • Encourage research programs on human observer bias and sources of human error • Develop tools to advance measurement, validation, reliability, information sharing, and proficiency testing in forensic science and establish protocols for forensic examinations, methods, and practices • Mandatory accreditation and certification – No person (public or private) should be allowed to practice without certification

11. The NAS Report - Recommendations • Establish routine quality assurance and quality control procedures to ensure accuracy of analyses and the work of examiners – identify mistakes, fraud, and bias • Establish a national code of ethics and explore mechanisms of enforcement of discipline • Appropriate funds to improve and develop additional graduate programs in forensic science – include scholarships and fellowships to attract high level students, promote continuing education opportunities for law students, lawyers, judges

12. The NAS Report - Recommendations • Establish medical examiner systems with the goal of replacing and eliminating coroner systems • Launch a new broad-based effort to achieve nationwide fingerprint data interoperability (including error rates) • Provide funds to prepare forensic scientists for specific homeland security threats

13. The NAS Report – The Aftermath • 4+ years later and… “Lawmakers have failed to act on the problems and recommendations identified four years ago in the NAS report. Those problems continue to degrade and compromise the criminal justice system at an unabated rate across our country. For those who lose their freedom because of deviations from scientific standards and principles, this is simply unacceptable.” -NACDL President Steven D. Benjamin

14. The NAS Report – The Aftermath • 2/15/2013 – Federal Government announced establishment of a National Commission on Forensic Science • Justice Department and NIST officials will lead the new 30-member commission • Groups of forensic science practitioners and academic researchers administered by NIST will develop discipline-specific practice guidance for federal, state and local forensic science laboratories • Help standardize national guidance for forensic science practitioners, develop uniform codes for professional responsibility, and establish requirements for training and certification

15. The NAS Report – What’s Next? “Forensic science is an essential tool in the administration of justice and needs to be continually evaluated as science progresses” “Forensic science helps identify perpetrators, convict the guilty, exonerate the innocent, and protect public safety. This initiative is led by the principle that scientifically valid and accurate forensic analysis strengthens all aspects of our justice system.”  - Deputy Attorney General James M. Cole