Attorney McShane Published in NCDD Journal

Recently, I had an article published the journal of the National College for DUI Defense.  The article was entitled, “Why I Don’t Stipulate to Forensic Tests.”  In legal terminology, stipulating to a test means to accept the results as true and accurate. In other words, it is established and is beyond any question. In the…

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Innocence! Forensic Science, Chemistry and the Law features the Innocence Project and Wrongful Convictions

The Amer­i­can Chem­i­cal Society’s Chem­istry and the Law Divi­sion and its Foren­sic Sci­ence Co-Chairmen, Justin McShane, Esq. of Har­ris­burg, PA and Josh D. Lee, Esq. of Vinita, OK, are proud to announce a full-day pre­sen­ta­tion on the work of the Inno­cence Project. Foren­sic Sci­ence often plays a tragic role in the con­vict­ion and wrong­ful impris­on­ment…

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Seriously, who's working in these crime labs?

More Crime Lab Problems: Philly Lab Tech Flunk Competency Test

Am I really asking for too much?  All I really want from a crime lab is: Validated techniques Proper supervision Adherence to scientific standards Competent technicians who do their job properly and time and time again we find out that these  simple requests are not being met. Philly crime lab technicians flunk competency test THREE…

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We have become a police state in the name of DUI enforcement.

Forced Blood Draws leads to Police Brutality

“No refusal” initiatives are becoming more and more common across the country.  However, these forced blood draws open the door for police brutality through excessive use of force.  We previously reported about a man in Texas who was stomped and beaten by the police who broke his leg in order to get his blood. To…

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If you still believe forensic blood tests are accurate then might as well check for monsters in you closets as well.

Crime Labs Positive. Retests Show Substance was not Present in the First Place!

Blood tests are often treated like the “holy grail” of DUI evidence.  Prosecutors see it as infallible and many inexperienced DUI attorneys fail to question the results because of its perceived accuracy.  I even once had a prosecutor say to me, in open court mind you, “It’s a blood test. How can you possibly challenge…

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The Disconnect Between Science and Crime Labs

The Disconnect Between Science and Crime Labs

Science is a very important part of criminal law, especially when it comes to DUI.  In many cases, the bulk of the evidence lies in blood and breath test reports.  To produce valid and accurate results, science has outlined specific methodologies and procedures that need to be followed and if these are violated, the results…

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His experiments are probably more scientific than what is going on in government crime labs.

High Error Rates in State Crime Labs Lead to False Convictions

One of the the problems I face when dealing with state crime labs is that the average judge or juror sees them as being actually infallible and wholly scientific.  This couldn’t be further from the truth.  The fact of the matter is that these crime labs are about as scientific as a tenth grade chemistry…

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