Abstract

http://ssrn.com/abstract=1354604
 
 

Citations (6)



 
 

Footnotes (321)



 


 



Invalid Forensic Science Testimony and Wrongful Convictions


Brandon L. Garrett


University of Virginia School of Law

Peter J. Neufeld


Benjamin N. Cardozo School of Law - Innocence Project

March 16, 2009

Virginia Law Review, Vol. 95, No. 1, 2009

Abstract:     
This is the first study to explore the forensic science testimony by prosecution experts in the trials of innocent persons, all convicted of serious crimes, who were later exonerated by post-conviction DNA testing. Trial transcripts were sought for all 156 exonerees identified as having trial testimony by forensic analysts, of which 137 were located and reviewed. These trials most commonly included testimony concerning serological analysis and microscopic hair comparison, but some included bite mark, shoe print, soil, fiber, and fingerprint comparisons, and several included DNA testing. This study found that in the bulk of these trials of innocent defendants - 82 cases or 60% - forensic analysts called by the prosecution provided invalid testimony at trial - that is, testimony with conclusions misstating empirical data or wholly unsupported by empirical data. This was not the testimony of a mere handful of analysts: this set of trials included invalid testimony by 72 forensic analysts called by the prosecution and employed by 52 laboratories, practices, or hospitals from 25 states. Unfortunately, the adversarial process largely failed to police this invalid testimony. Defense counsel rarely cross-examined analysts concerning invalid testimony and rarely obtained experts of their own. In the few cases in which invalid forensic science was challenged, judges seldom provided relief. This evidence supports efforts to create scientific oversight mechanisms for reviewing forensic testimony and to develop clear scientific standards for written reports and testimony. The scientific community can through an official government entity promulgate standards to ensure the valid presentation of forensic science in criminal cases and thus the integrity and fairness of the criminal process.

Number of Pages in PDF File: 97

Accepted Paper Series


Download This Paper

Date posted: March 6, 2009 ; Last revised: June 23, 2010

Suggested Citation

Garrett, Brandon L. and Neufeld, Peter J., Invalid Forensic Science Testimony and Wrongful Convictions (March 16, 2009). Virginia Law Review, Vol. 95, No. 1, 2009. Available at SSRN: http://ssrn.com/abstract=1354604

Contact Information

Brandon L. Garrett (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States

Peter J. Neufeld
Benjamin N. Cardozo School of Law - Innocence Project ( email )
100 Fifth Avenue
New York, NY 10011
United States
Feedback to SSRN


Paper statistics
Abstract Views: 5,255
Downloads: 1,018
Download Rank: 10,793
Citations:  6
Footnotes:  321

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.219 seconds