Science in the court: pitfalls, challenges and solutions

Abstract

We are at a critical juncture for the forensic sciences. A number of high-profile reports and a growing body of literature question and critically reflect on core issues pertaining to the methodologies informing forensic science and their effective use within the criminal justice system. We argue for the need for an improved association and outline key areas that require attention from practitioners operating within the fields of both forensic science and law.

A response to a response to Meakin and Jamieson DNA transfer: Review and implications for casework

“…In addition to such published research, the BFF comment that evaluative opinion can also be based on casework experience and unpublished data. The issues associated with using casework experience as a source of opinion have been extensively commented upon elsewhere [7][8][9]. It is not a valid scientific basis for most opinion and certainly not when the provenance of the items under study is unknown and there has been no systematic scrutiny.…”

Forensic Gait Analysis and Recognition: Standards of Evidence Admissibility

“…Over the years, the rigorousness of evidence admissibility criteria has changed at an international level, with many countries (e.g., the U.K., most of the United States) now requiring analysis of evidence to be performed using validated and peer‐reviewed methods with demonstrable reliabilities and error rates, by experts with appropriate qualifications . The reason for which forensic evidence is methodologically sensitive is because it can be rendered “unscientific” by the court (and therefore, inadmissible as evidence), if the process which was used to obtain the data does not adhere to the scientific method in a way which allows repeatability and reproducibility for validation and peer‐review purposes . This means that if the same protocol (repeatability) were to be applied in a similar context (reproducibility), the same levels of accuracy and precision should be achieved .…”

Procedimentos Periciais em Foco

“…Entender como a prova material afeta o julgamento e os direitos fundamentais pode ajudar na administração da justiça. [1][2][3][4] Nesse contexto, essa edição está repleta de trabalhos importantes e de avaliação da atividade científica aplicada à justiça.…”