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Crime Lab Scandals Just Keep Getting Worse (slate.com)

Many people are convicted in American courts on the basis of drug lab analysis. Just how accurate or accountable are the people and labs? schwit1 writes with an excerpt that gives a good reminder of how people can land in jail based on fake data, with the example (an outlier, surely) of Annie Dookhan, a chemist who worked at a Massachusetts state lab drug. Dookhan was sentenced in 2013 to at least three years in prison, after pleading guilty in 2012 to having falsified thousands of drug tests. Among her extracurricular crime lab activities, Dookhan failed to properly test drug samples before declaring them positive, mixed up samples to create positive tests, forged signatures, and lied about her own credentials. Over her nine-year career, Dookhan tested about 60,000 samples involved in roughly 34,000 criminal cases. Three years later, the state of Massachusetts still can't figure out how to repair the damage she wrought almost single-handedly.

23 of 245 comments (clear)

  1. Witness by Anonymous Coward · · Score: 0, Insightful

    "still can't figure out how to repair the damage she wrought almost single-handedly."
    Its up the jury or the judge to rule whom is the most trustworthy. I sure there are many cases that people lie as a witness... there are no repair for that.

    1. Re:Witness by Black+Parrot · · Score: 3, Insightful

      Eye-witness testimony is nigh useless even when people aren't deliberately fabricating. The human brain is just too "flexible" for that kind of thing.

      --
      Sheesh, evil *and* a jerk. -- Jade
    2. Re:Witness by The+Grim+Reefer · · Score: 4, Insightful

      fiigure out how to repair the damage she wrought almost single-handedly." ? just put a colt 45 on her temple and shirly temple the trigger so that there is no tampering of evidence when it comes to "whose brains are these"

      There's a big difference between revenge/punishment for the responsible person and making things right for all of the people that may have been convicted who were innocent. It's not like you can give them their time back. Nor can you repair the emotional and psychological damage done. Prison isn't summer camp. Spending any significant time there is going to change most people, and not for the best. Most convicted criminals come out as better criminals. I can't imagine what being in that environment would do to someone who knows they shouldn't be there to begin with.

    3. Re:Witness by Opportunist · · Score: 4, Insightful

      Due to CSI and similar shows, forensic evidence is sacrosanct. If you want to go to court today, you better have some DNA test available (even if it makes no sense at all) or the jury will simply not believe you. But having something out of a lab seals the deal.

      Don't get me wrong, it's a GOOD thing that people now give more credibility to material evidence than witnesses, but as usual we're overdoing it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:Witness by BitZtream · · Score: 5, Insightful

      Wrong, you turn every single person free.

      When the evidence is tainted, the case gets thrown out.

      Thats how we ensure the innocent are not put in jail, and we do so at the cost of letting some criminals free when we would have preferred not to.

      But then we consider every person involved in those cases as having failed, specifically the prosecution. And we turn the arrest into a bad arrest and count that against the police.

      When this shit happens, you punish the ever living shit out of everyone involved in the chain that fucked up because they put innocent people behind bars and ruined other peoples lives in their overzealousness to get a collar and conviction.

      Make false convictions essentially a career ender for everyone in the chain and watch how quick things shape up. Make the population so pissed off at any lawyer or cop who allows this shit to happen that they are afraid of being lynched when they fuck up in the future.

      They have no reason to fear mistakes they make, someone else suffers, it has no bearing on their life. Change that and you'll fix the problem.

      --
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    5. Re: Witness by Sique · · Score: 5, Insightful
      As the person who did the drug testing, she (and the other person mentioned in the second article) was a witness. So Annie Dookhan has given false testimony in at least 34,000 cases, and Sonja Farak in another 29,000 cases. And the former Attorney General is alleged to have known beforehand, that Sonja Farak's tests could be tainted and didn't inform the defense attorneys.

      But that's what you get if you measure the success of a state attorney by the numbers of convictions and guilty pleas he gets from the defendants. And that's what you get when ignoring the rights of defendants during the investigation and before court is hailed as "being tough on crime". Somewhere, people are getting sloppy and start cheating just to get higher scores. And instead of justice, you just get high costs for running an extensive prison system to keep all those people, whose convictions and guilty pleas are mostly about their prosecuter's career and not so much about crimes they really committed (if any).

      --
      .sig: Sique *sigh*
    6. Re:Witness by Anonymous Coward · · Score: 2, Insightful

      Police reports about what witnesses said are generally written up, by the police officers, from memory, filtered through the officer's biases and perceptions, hours or days after the incident. Why this stuff isn't being recorded, nearly 50 years after portable tape recorders became available, I have no idea.

  2. three years? by Black+Parrot · · Score: 5, Insightful

    How about adding up all the time served by the people who got false convictions, then doubling it.

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:three years? by interval1066 · · Score: 5, Insightful

      Here's a thing that would appear to point to a (another) big flaw in the system; prosecutors are apparently immune from their flawed actions. They're slow to remedy wrongful convictions in these cases this Annie Dookhan tainted, and they don't appear to be accountable. Many of the news articles (and there are a lot about this lab, not only was this Dookhan character tainting evidence, but a co-worker routinely dipped into the drug bin and was high during her processing) remark on the fact that the prosecutors involved refuse to do anything about the thousands sitting in jail based on these faulty tests citing they followed procedure. I can't think of a bigger flaw in a system wherein the ones in power refuse to correct the situation. The criminal justice system in this country is in dire straits. Thanks mainly to the war on drugs.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    2. Re:three years? by sjames · · Score: 4, Insightful

      This is a huge part of the problem and is very revealing. Prosecutors and judges decide there is no particular hurry to get the many innocent people convicted by the worst kind of false evidence out of jail, then go home to their nicer than average homes and have a better than average dinner with their families while the innocent eat the cheapest crap that can legally be called food while locked away from their friends and family.

      Once the wheels of justice grind away, more slowly than usual, they will act as if they are doing the falsely convicted the worlds biggest favor simply by not further wrongly punishing them.

      As for compensation, start by looking at how much you have to pay someone to willingly live under poor conditions away from their family for an extended period of time. So you're looking at paying them what you would pay a North Atlantic oil platform worker at a minimum. Then double it because there was no furlough on offer and double it again because they didn't willingly accept the arrangement.

  3. Simple way to 'repair' 'damage' by cellocgw · · Score: 5, Insightful

    Just pass some retroactive laws legalizing drug use. Problem solved. No need for new trials. No new costs, and dramatically reduced law enforcement budget going forward. Plus revenue from tax stamps on recreational substances.

    --
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    1. Re:Simple way to 'repair' 'damage' by ScentCone · · Score: 3, Insightful

      The way it is now, only those stupid enough to be caught using drugs contribute to the data which causes the results to suggest that using drugs makes you stupid.

      I totally agree. This whole notion that people who use meth or heroine all day are in any way impacted by those drugs is just The Man trying to keep us down. Substantial studies showing that young people who smoke dope end up dumber, more paranoid, and otherwise developmentally down the scale - that's all just BS (never mind that such studies line up perfectly with the observations any honest person will tell you they've made through their own experience). Yes, it's just like alcohol, I know. Which is a good argument for young people not being drunk all the time, too.

      You know what? Use 'em. But cut off ALL health care paid for in any way by other people, and ALL public assistance when they can no longer hold a job because they're such mental train wrecks. Can't have it both ways. If you want the public to embrace the use of, say, crack or crystal meth, then the public also gets to be off the hook for buying those users a comfortable life at the expense of the people who don't do it, and keep producing. Yes, the same applies for drinking all day, or eating too much fried chicken or schnitzel.

      --
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    2. Re:Simple way to 'repair' 'damage' by DarkTempes · · Score: 4, Insightful

      While drugs are bad there is also evidence that shitty environmental situations, not just addiction, drive people to drugs in the first place.

      Your "honest person observation" smells an awful lot like what prejudice people say when they want to persecute minorities.
      "Any honest person will tell you that, in their experience, [group] are [lazy/dumb/useless/not REAL people so it's ok that we treat them like shit]"

      Giving drug abusers an even shittier environment to live in by demonizing them isn't going to lead to better outcomes for society.
      Watch this but with a grain of salt: https://www.youtube.com/watch?...

      The point is not that the public should embrace the use of drugs but that the war on drugs is a complete failure and actually doing harm.
      It only makes sense that you should try something else when what you're doing isn't working.

      For example, we could legalize marijuana and decriminalize other drugs and use the income from taxes on marijuana to fund education to prevent abuse and social programs to help abusers get back on their feet and be proud of themselves and break their addiction (and, possibly more importantly, their need for their addiction.)
      Ideally we'd try lots of different methods of helping people and use studies to see which methods are actually effective and worth continued funding.

      So, we wouldn't be wasting taxes on law enforcement and prison sentences for abusers, we'd hopefully undercut the black market and cut down on drug related crime, it would potential be self-funding (the best kind of taxation), and people might actually get help instead of being treated like scum.

      I don't have any ideas for what to do about drug dealers who can no longer make a profit selling drugs, though. It'd suck to collapse that economy and drive them to a worse crime.

      And honestly, we already tax alcohol and tobacco and I have to wonder where all of that money is going. It seems to me if 100% of that were going to education and social programs for drug abusers (including alcohol and tobacco) then we'd probably be in a lot better place.

  4. Re:Systematic Failure by pubwvj · · Score: 2, Insightful

    No, she was a bad person. Just because a system allows you to cheat does not mean you should cheat and if you do cheat you are the bad person, not the system. She should have had to serve the time of all of her victims x 3. She got off way too easily.

  5. Up The Ladder by magusxxx · · Score: 5, Insightful

    And where was her boss during all of this? Did he give her raises by checking her performance or her conviction rate?

    --
    Care killed the cat, but satisfaction brought it back.
  6. meme.jpg by Anonymous Coward · · Score: 5, Insightful

    Why not both?

    Yeah, she should be nailed to a raft by her ears and set adrift on the ocean.

    But we should have a system of justice that isn't so prone to corruption by way of weak oversight.

  7. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  8. Like financial systems, audit labs by Anonymous Coward · · Score: 2, Insightful

    Take random samples from one lab and have them retested at another lab. Mistakes will be borne out.

  9. End the drug war by fyngyrz · · Score: 5, Insightful

    End the drug war. Free its non-violent victims. That'd be a great start.

    As for anyone convicted due to the person's work, or convicted where this person could have been involved, they should be set free immediately and their records cleared of said convictions.

    The fact that they didn't go right after this simply tells us just how corrupt the system is. "Justice", my aching ass.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:End the drug war by fyngyrz · · Score: 5, Insightful

      yes, you have to be hit with the stupid stick to get on a jury

      You have to be hit with the asshole stick to not serve. The jury is the very last line of defense from bad law, bad cops, bad lawyers, and bad judges. Not to mention a corrupt and evil prison system, relegation to permanent bottom economic and social classes, loss of family, friends, possessions, job, credit rating, employability...

      The jury is all that's left to us now. The last remaining semblance of justice within the actions of the system has been ashes for years.

      When you refuse to serve, you are abandoning your fellow citizens. Both the ones that are victims of criminals, and the ones that are victims of the governement machine.

      --
      I've fallen off your lawn, and I can't get up.
  10. blame the man by DrProton · · Score: 5, Insightful

    I blame management, the prosecutors, and the judges. There was a serious lack of oversight, obviously.

    Let's say she worked 250 days/year, a conservative assumption. That means she was averaging ~ 6E4/(9*250) ~ 27 analyses/day. Assuming 8 hours actual work/day, that means she was completing an analysis roughly every 18 minutes. I'm a physicist. I've worked in a manufacturing facility with a chem lab that analyzed production samples. Hell, sample prep can take 20 minutes! There is no way she was completing these analyses accurately. Her boss must have known something was amiss. A reasonable assumption is that he or she knew so and had wink/nod arrangement with the prosecutors and the courts.

    Our "justice" system is deeply flawed, and this is more evidence of the systemic flaws in it. Kudos to Ms. Lithwick for covering this beat.

    --
    "Mit der Dummheit kaempfen Goetter selbst vergebens." - Schiller
  11. Re:"costs are significant but..." by rl117 · · Score: 3, Insightful

    For QC based on individual items, you might test a small percentage, for batch-based products you might also do tests on every batch as a whole at every stage of its production, plus randomised testing of individual packaged units. I used to work in a QC laboratory, doing testing of both. For some tests, we would also run known standards every time we tested an unknown sample, or set of samples to ensure that the results were always accurate, and always ran both multiple replicates of the standard and multiple replicates of each sample to ensure they were consistent within a certain standard deviation. This guards against calibration errors on the machines and errors on the part of the sample prep or operator. We would occasionally also send samples to external independent laboratories to verify the accuracy of our processes. In this case it wasn't forensics, and there was no need for anonymising the samples. For forensics, I would have hoped that they would also be running anonymous control samples through the pipeline as well (both negative and varying degrees of positive) to validate their process. The technicians don't even need to be aware of it--you simply introduce them as incoming test samples and then validate that the results matched the expectations after testing is done and logged.

  12. Re:There should be redundancy in these tests by careysub · · Score: 4, Insightful

    ...And even if there isn't any cheating, there is the possibility that the two labs would come to different conclusions honestly, due to the inherent messiness of most criminal matters.

    You cite that like it is a problem with double checking results. No, that is the very feature we wish to implement. It two labs come to different conclusions, that throws them both into doubt - and then additional checking must be initiated to resolve the discrepancies. If a repeatable result is not possible, then it is not evidence. Period.

    --
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