Category Archives: Forensic Science

Permalink to Top 6 Causes for Wrongful Convictions (Part 3) — Bad Forensics

Top 6 Causes for Wrongful Convictions (Part 3) — Bad Forensics

When forensic evidence is presented in the courtroom, there is a general assumption that “if it is scientific, then it must be true.” The reality is much different. Witnesses in white lab coats are much easier to believe than the defendant who has already been stigmatized simply by being charged.  Most jurors are inclined to […]

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Permalink to Is Scientific Evidence Really Accurate?

Is Scientific Evidence Really Accurate?

  When a forensic science analyst’s testimony is brought to the courtroom, along with its test tubes and white lab coats, many times a jury accepts it as “scientific fact.” Juries are left with the impression that the evidence is more scientific than it actually is.  However, many times faulty forensic data leads to wrongful […]

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Permalink to Attorney Justin McShane Published in Understanding DUI Scientific Evidence

Attorney Justin McShane Published in Understanding DUI Scientific Evidence

Congratulations to Attorneys Justin McShane and Katherine McShane, of The McShane Firm, who co-authored a chapter in the book Understanding DUI Scientific Evidence.   This book is widely respected in legal circles as it is authored by top attorneys and scientists. The chapter they authored is entitled “Pennsylvania DUID Prosecution: The Measurand Problem” . DUI Drugs (DUID) is a […]

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Permalink to 5 Ways the Criminal Justice System is Compromised by Bad Forensics

5 Ways the Criminal Justice System is Compromised by Bad Forensics

Fraudulent practices and bad science are nothing new at crime labs unfortunately.  There have been many recent cases which highlight this.  One of the most notorious has been the case of Annie Dookhan.  According to the New York Times: Ms. Dookhan pleaded guilty in 2013 to 27 counts, including perjury, obstruction of justice and tampering […]

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Permalink to New Ruling Clears the Way for Thousands to Challenge based on False Forensics

New Ruling Clears the Way for Thousands to Challenge based on False Forensics

The name Annie Dookhan has become synonymous with false fabricated forensics.  She is a personification of everything that is wrong with crime labs across the nation. According to the New York Times: Ms. Dookhan pleaded guilty in 2013 to 27 counts, including perjury, obstruction of justice and tampering with evidence, and was sentenced to three […]

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Permalink to FBI “experts” help convict a man using hair analysis, Except the hair was from a dog

FBI “experts” help convict a man using hair analysis, Except the hair was from a dog

This is abhorrent-  a travesty of justice. For decades, FBI hair analysis “experts” gave FALSE testimony in court to help their prosecution buddies: The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal […]

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Permalink to April’s Fools: On April 1, 2014 Pennsylvania becomes a notice and demand state

April’s Fools: On April 1, 2014 Pennsylvania becomes a notice and demand state

On February 19, 2014, effective April 1, 2014, upon the joint recommendation of the Criminal Procedural Rules Committee and the Committee on Rules of Evidence, the Supreme Court adopted new Pennsylvania Rule of Criminal Procedure 574 to provide procedures for the admissibility of forensic laboratory reports in lieu of expert testimony. Click for Order Click […]

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Permalink to How a Lawyer-Scientist DUI Lawyer can Help: The toxicology of the Justin Bieber case

How a Lawyer-Scientist DUI Lawyer can Help: The toxicology of the Justin Bieber case

How a Lawyer-Scientist DUI Lawyer can Help: The toxicology of the Justin Bieber case There is a large difference between a DUI lawyer and a DUI Lawyer-Scientist. As I wrote before, I am not just a lawyer, not just a defense lawyer, but a trained Lawyer-Scientist. There are not too many of us out there, […]

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Permalink to The science of the Justin Bieber DUI case: How a lawyer-scientist can help

The science of the Justin Bieber DUI case: How a lawyer-scientist can help

The science of the Justin Bieber DUI case: How a lawyer-scientist can help [Updated on 26 January 2014 at 905 am EST entitled “The Problem with the Resisting Arrest without Violence charge.”] [Updated on 31 January at 1216 pm EST to include the TMZ link to the GPS records.] There are a lot of my […]

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Permalink to Oral Fluid Drug Test-Frye and Daubert hearings-The future of DUID enforcement

Oral Fluid Drug Test-Frye and Daubert hearings-The future of DUID enforcement

Oral Fluid Drug Test for DUID cases: Frye and Daubert hearings The future is Oral Fluid Drug Test. The writing is on the wall. Through increased federal funding and a re-prioritization of law enforcement, Driving Under the Influence of Drugs (DUID) is an emerging enforcement priority by police across America. The difficulty has been in […]

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