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The Need for a Research Culture in the Forensic Sciences


Jonathan J. Koehler


Northwestern University - School of Law

Jennifer Mnookin


University of California, Los Angeles (UCLA) - School of Law

Simon A. Cole


University of California, Irvine - Department of Criminology, Law and Society

Itiel E. Dror


University College London - Institute of Cognitive Neuroscience

D. Michael Risinger


Seton Hall University School of Law

Jay Siegel


Indiana University Bloomington; Purdue University

Barry A. J. Fisher


affiliation not provided to SSRN

Max Houk


affiliation not provided to SSRN

Keith Inman


affiliation not provided to SSRN

David H. Kaye


Penn State Law

Glenn Langenburg


affiliation not provided to SSRN

David A. Stoney


affiliation not provided to SSRN

Norah Rudin


affiliation 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 series


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Date posted: February 14, 2011 ; Last revised: March 3, 2013

Suggested Citation

Koehler, Jonathan J., Mnookin, Jennifer L., Cole, Simon A., Dror, Itiel E., Risinger, D. Michael, Siegel, Jay, Fisher, Barry A. J., Houk, Max, Inman, Keith, Kaye, David H., Langenburg, Glenn, Stoney, David A. and Rudin, Norah, The Need for a Research Culture in the Forensic Sciences (January 12, 2011). Northwestern Public Law Research Paper No. 11-20; The Pennsylvania State University Legal Studies Research Paper No. 5-2011. Available at SSRN: http://ssrn.com/abstract=1755722 or http://dx.doi.org/10.2139/ssrn.1755722

Contact Information

Jonathan J. Koehler
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Chicago, IL 60611
United States
Jennifer L. Mnookin (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
Simon A. Cole
University of California, Irvine - Department of Criminology, Law and Society ( email )
2340 Social Ecology 2, RM
Irvine, CA 92697
949-824-1443 (Phone)
949-824-3001 (Fax)
HOME PAGE: http://www.seweb.uci.edu/faculty/cole/
Itiel E. Dror
University College London - Institute of Cognitive Neuroscience ( email )
17 Queen Square
London WC1N 3AR
United Kingdom
D. Michael Risinger
Seton Hall University School of Law ( email )
One Newark Center
Newark, NJ 07102-5210
United States
(973) 642-8834 (Phone)
Jay Siegel
Indiana University Bloomington ( email )
Wylie Hall 105
100 South Woodlawn
Bloomington, IN 47405
United States
Purdue University
Department of Agricultural Economics
West Lafayette, IN 47907
United States
Barry A. J. Fisher
affiliation not provided to SSRN
Max Houk
affiliation not provided to SSRN ( email )
Keith Inman
affiliation not provided to SSRN ( email )
David H. Kaye
Penn State Law ( email )
Lewis Katz Building
University Park, PA 16802
United States
814 865-8974 (Phone)
HOME PAGE: http://law.psu.edu/faculty/resident_faculty/kaye
Glenn Langenburg
affiliation not provided to SSRN ( email )
David A. Stoney
affiliation not provided to SSRN
Norah Rudin
affiliation not provided to SSRN
Feedback to SSRN (Beta)


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