The Fight To Reform Forensic Science
carmendrahl writes "Despite a 2009 report from the National Academy of Sciences that found the science in crime labs wanting, very little reform of forensic science has taken place. At a session about the Innocence Project, a group that exonerates prisoners with DNA evidence, speakers called on chemists to join the fight for reform. But forensic chemists don't all agree on what needs reforming."
I posted this link on a related story some time back. This is a must see if you think you know how bad forensic science (or lack of science) really is:
http://www.pbs.org/wgbh/pages/frontline/real-csi/
The problem with forensic science is that it's less a science and more an art. Take identifying the flash point of a fire for example -- it's not as easy as people say or suspect. For years, "scientists" would point to certain fracture patterns or scorching marks and say that was the source, but there was never any studies done on it. It was mostly speculation, compounded by experience. Without any feedback on whether they were actually right or wrong, they developed a false sense of confidence. And in court, confidence + authority = conviction.
The problem is that the legal system doesn't use scientific standards, it uses legal standards. And the law is based on experience -- it is forever looking backwards. A precident set 200 years ago is just as applicable in a court today as it was in the intervening years. Science, on the other hand, only considers the most current understanding relevant. And that's where the problems start. The law says that once a kind of forensic examination carries legal weight, then even if it is later conclusively proven scientifically to be false, it does not overturn past convictions, nor does it prevent its use in the present.
Our justice system is not about fairness or justice -- it is about maintaining public perception of order, which is a separate and distinct concept. It can be quite orderly and efficient to never allow a new trial for the convicted... it is not necessarily fair.
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