We don’t often go to trial, which means that posts about trial issues feel unhelpful. Maybe one of the reasons we don’t go to trial is an undercritical acceptance of the forensic evidence we receive in discovery.
We shouldn’t do that.Five years ago, the National Research Council (could there be a more authoritative name for an organization?) performed an RKO on forensic science. Fingerprints, arson investigation, handwriting analysis…there is a lot of bad science out there, leaking into courtrooms and convicting people of things they didn’t do.
Now DOJ and the National Institute of Standards and Technology have begun a review of how forensic evidence is used in court. Take their skepticism and run with it.Handwriting analysis.
Ballistics. (We just linked to Fox News).Google will lead you wherever you need to go. But it is time to take a look at the forensic science underlying the case against your client.
Also, be sure to click on the RKO link.