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The Need for a Research Culture in the Forensic SciencesJonathan J. KoehlerNorthwestern University - School of Law Jennifer MnookinUniversity of California, Los Angeles (UCLA) - School of Law Simon A. ColeUniversity of California, Irvine - Department of Criminology, Law and Society Itiel E. DrorUniversity College London - Institute of Cognitive Neuroscience D. Michael RisingerSeton Hall University School of Law Jay SiegelIndiana University Bloomington; Purdue University Barry A. J. Fisheraffiliation not provided to SSRN Max Houkaffiliation not provided to SSRN Keith Inmanaffiliation not provided to SSRN David H. KayePenn State Law Glenn Langenburgaffiliation not provided to SSRN David A. Stoneyaffiliation not provided to SSRN Norah Rudinaffiliation not provided to SSRN January 12, 2011 Northwestern Public Law Research Paper No. 11-20 The Pennsylvania State University Legal Studies Research Paper No. 5-2011 Abstract: The methods, techniques, and reliability of the forensic sciences in general, and the pattern identification disciplines in particular, have faced significant scrutiny in recent years. Critics have attacked the scientific basis for the assumptions and claims made by forensic scientists both in and out of the courtroom. Defenders have emphasized courts’ long-standing acceptance of forensic science evidence, the relative dearth of known errors, and the skill and experience of practitioners. This Article reflects an effort made by a diverse group of participants in these debates, including law professors, academics from several disciplines, and practicing forensic scientists, to find and explore common ground. To what extent do the forensic sciences need to change in order to place themselves on an appropriately secure foundation in the 21st century? We all firmly agree that the traditional forensic sciences in general, and the pattern identification disciplines, such as fingerprint, firearm, tool mark and handwriting identification evidence in particular, do not currently possess – and absolutely must develop – a well-established scientific foundation. This can only be accomplished through the development of a research culture that permeates the entire field of forensic science. A research culture, we argue, must be grounded in the values of empiricism, transparency, and a commitment to an ongoing critical perspective. The forensic science disciplines need to substantially increase their commitment to evidence from empirical research as the basis for their conclusions. Sound research, rather than experience, training, and longstanding use, must become the central method by which assertions are justified. In this Article, we describe the underdeveloped research culture in the non-DNA forensic sciences, offer suggestions for how it might be improved, and explain why it matters.
Number of Pages in PDF File: 59 Keywords: Forensic Science, Research Culture JEL Classification: K10, K19, K40, K49 working papers seriesDate posted: February 14, 2011 ; Last revised: March 3, 2013Suggested CitationContact Information
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