Heavy Reliance on Forensic Science Crystal Rodriguez University of TexasEl Paso
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Abstract Abstract goes here. Do last!
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Entering the Discourse: Heavy Reliance on Forensic Science As early as the 16 th century, forensic science has played an increasing role in both law enforcement and medical fields. Forensic science has paved the way for personal use, such as using DNA testing to know your biological background, and for crime scene investigation. However, as forensic science has progressed throughout the years, enhancing the use of technology in order to identify someone, the criminal court system has relied heavily upon forensic evidence in order to solve criminal cases. It may seem apparent that the use of forensic evidence has improved the court system by incarcerating identified murders/criminals, however, the use of forensic evidence has also led to misinterpretation and misidentification of a suspect, leading the defendant into facing drastic sentences such as the death penalty. If forensics has led to the wrongful accusationwhich decides the fate of the suspectshould the criminal court system rely heavily and solely on the evidence provided by forensic scientists? The answer is no. Because of the presence of error rates in forensic testing, the criminal court system should not depend exclusively on forensic evidence; instead, the criminal court system should take into consideration that some pieces of forensic evidence are not as accurate and reliable, and should therefore stop deciding someones fate based on only forensic evidence. As this issue has presented itself, many scholars have offered their position about the issue, along with a couple of suggestions as well. For example, Kris Mohandie (2013), author of The Value of Crime Scene and Site Visitation by Forensic Psychologists and Psychiatrists, believes that forensic evidence gains ENTERING THE DISCOURSE 4
accuracy if the forensic scientists goes to the crime scene site themselves rather than have collected evidence taken to them. Unlike Mohandie (2013), however, Linda Geddes (2009) in Forensic evidence goes on trial believes that subjective judgments of collected evidence from a forensic analyst are determining the fates some suspects arent responsible in facing. Along with Mohandie (2013), yes site visitation may increase reliability on forensic evidence, nonetheless, I agree with Geddes (2009) because there is no telling whether a forensic analysts personal interpretation of the data is biased or not; therefore hindering a mistrial or improper incarceration of a civilian. Miscarriages of justice, such as an incorrect identification of the suspect, are all too common because of heavy forensic science reliability. For example, in 1985 a man named Steven Barnes was convicted of rape and murder of a 16 year old girl because forensic evidence showed that the soil on his truck tires matched the ones at the crime scene, and an imprint on the outside of his truck matched the jean pattern the victim was wearing the night she was killed. In the year 2009 however, new test samples showed that Barness DNA did not match the DNA found on the victims body and clothing and was therefore freed after spending 20 years in jail (Geddes, 2009, p. 6). Twenty years of Barness life has gone to waste, simply because of judgments based only on the presented forensic results. Because of mistakes like these in many cases, people like Barnes (who are wrongly accused) are stripped away from freedom, happiness, family, jobs, and any other precious moments of life. Two fragments of evidence the criminal court system relies on are latent prints and latent print examiners as expert witnesses. Latent prints are ENTERING THE DISCOURSE 5
impressions (fingerprints, palm prints, or footprints) left unintentionally on items such as those found at crime scenes; Latent print examiners compare latents to exemplars [high quality prints], using their expertise rather than a quantitative standard to determine if the information content is sufficient to make a decision (Ulery, 2011, p. 1). In a study conducted by Bradford Ulery (2011), five examiners three of whom were certified as latent print examinersmade a total of six latent print errors. These five examiners made false positive errors for an overall false positive rate of 0.1%. Eighty-five percent of examiners made at least one false negative error for an overall false negative rate of 7.5% (Ulery, 2011, p. 1). This study showed that a false negative error happens much more frequently than a false positive error, which means that a true criminal may be freed and released into society, all because a forensic scientist made an error and made a false negative DNA latent print match. Even the slightest of errors a forensic examiner makes can potentially lead to the liberation of a serial killer (for example) into society, triggering more crime to the streets, therefore inhabiting citizens, including children, into a dangerous environment and atmosphere. As a service to society, the DNA fingerprint and other uncomplicated forensic applications has given civilians the luxury of knowing what defines an individual from another through the means of a DNA database of genetic codes. This process is not a difficult one, for it only requires specific sequence of base pairs that allows us to unambiguously identify a single individual from the residual DNA found at the crime scenethe DNA fingerprint (Morris, 2013, p. 1). With the use of the DNA database, it allows forensic examiners to analyze pieces of DNA found at a crime ENTERING THE DISCOURSE 6
scene and compare/contrast the newly found genetic information to previous stored data, making it extremely useful in finding serial criminals and eliminate the innocent from being sentenced. In fact, the National Research Council (NRC) came to the conclusion that DNA was the only forensic method [that] has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual source (Wilson, 2010, p. 459). What adds credibility to evidence found by forensic applications, such as DNA analysis, is when the forensic examiner himself/herself do a site visitation. According to Mohandie (2013), site visits and crime scene visitation by forensic psychologists and psychiatrists may enhance the accuracy and credibility of their forensic work in criminal, civil, and other important contexts (p. 719). This site visitation technique adds accuracy to forensic results because it allows the examiner to see first-hand the crime scene and therefore being able to gain much better perspective on how the crime happened, why it happened, and if there were any discrepancies (that initial investigators missed) that could maybe hinder collected evidence. However, a site visitation isnt as reliable as Mohandie (2013) makes it seem. For example, fire investigators look for evidenceresidues of flammable liquids at the crime scene. This analyst makes a site visitation and hunt[s] for evidence and since the evidence comparison is visual it is therefore subjective (Geddes, 2009, p.7). Site visitation makes forensic evidence and results much more unreliable instead of reliable because now you have to trust a forensic examiners ENTERING THE DISCOURSE 7
point of view, and there is no telling whether an examiner will show bias and unethical behavior at the crime scene or examination of evidence. To prove that a certified forensic analyst isnt always necessarily an expert in the field, a study made by S.L. Avon (2010), was conducted in order to show the error rates in bite mark analysis. In this study, there were three groups consisting of dentists with no experience in forensics, dentists with a forensic odontology interest, and dentists certified by the American Board of Forensic Odontology (ABFO). This study showed that the inexperienced examiners often performed as well as the board-certified group, and both inexperienced and board-certified groups performed better than those with an interest in forensic odontology that had not yet received board certification (Avon, 2010, p. 45). The results in this study also showed that incorrect suspect attributions (possible false inculpation) were most common among this intermediate group (Avon, 2010, p.45). In forensic odontology, acknowledging the wrong dentition of a bite mark makes the critical error of possibly blaming an innocent individual, so it is outrageous to trust an expert witness such as an ABFO certified dentist who performs similarly to a dentist who is completely inexperienced in forensics; therefore, expert forensic odontologists complete bite mark analysis with undependable results, meaning that their expert opinion should not be validated. According to David B. Wilson (2010), in both sexual offenses and homicides, the presence of DNA evidence increased the probabilities of a prosecution and a conviction. The problem with this statement, however, is that there are many key factors that may influence the DNA evidence in both a positive and negative way. ENTERING THE DISCOURSE 8
Sure DNA evidence could potentially identify someone, if done properly. But when not done properly, the negative effects play a major role. For example, did the forensic analyst make an unbiased site visitation, did the forensic examiner carefully and thoroughly analyzed the unaltered evidence, and did the forensic scientist base his investigation solely on what a computer told him/her. Like Geddes said, even computers make mistakes (2009, p.7). In conclusion, due to the fact that both elite technology and forensic scientists make errors during examination, it is only rational to stop relying so heavily upon their presented results, for if we (as a criminal justice court system) keep depending and be influenced by forensic results, we incorrectly decide a suspects fatewhether truly innocent or guilty.