FINGERPRINTS. INTEROPERABILITY OF AFIS. IMPRESSION EVIDENCE

1
FORENSIC SCIENCE OVERSIGHT AND POLICY
DEVELOPMENT LESSONS FROM NEW YORK AND
OBSERVATIONS ABOUT THE COMING NEW ERA OF FORENSIC
SCIENCE REFORM

• Prof. Barry Scheck, Cardozo Law School
• Co-Director, Innocence Project,
• Comm., NY Forensic Science Comm.

2
GOALS

• HISTORY
• OUR SUCCESSES
• OUR FAILURES
• STRUCTURAL STRENGTHS AND WEAKNESSES
• DETAILED DISCUSSION OF SECTION 311 ENFORCEMENT
• SUGGESTIONS ABOUT ANTICIPATING NEW ERA OF REFORM
  POST NAS REPORT

3
POST NAS ERA

• AGREE WITH BARRY FISHER PREDICT
• WILL PROPOSE FEDERAL FORENSIC SCIENCE INSTITUTE,
  LIKE NIH
• WILL BE FEDERAL LEGISLATION
• VIEWS FORENSIC SCIENCE AS INDEPENDENT THIRD FORCE
• FEDERAL INCENTIVES TO MAKE CRIME LABS INDEPENDENT
  OF POLICE AND PROSECUTOR CONTROL BUDGETS
• WILL ENCOURAGE PUBLIC OVERSIGHT BY STATE AND
  LOCAL ENTITIES AS WELL AS PROFESSIONAL
  ORGANIZATIONS, LIKE CLIA
• FOCUS WILL BE BEYOND DNA
• FORENSIC MEDICINE NO CORONERS

4
POST NAS ERA

• NATIONAL BEST PRACTICE, Q/A STANDARDS
• Proficiency tests on samples replicate cases
• STANDARDS FOR REPORT WRITING, DISCLOSURE OF INFO,
  TESTIMONY
• ELECTRONIC DISCOVERY (BCS)
• NATIONAL CODE OF ETHICS
• RESEARCH ON HUMAN OBSERVER CONTEXTUAL BIAS,
  ERROR RATES

5
POST NAS ERA

• EDUCATIONAL OPPORTUNITY FOR UC CAL STATE (SECT.
  2 (C) 1 (E)
• BASIC APPLIED RESEARCH COMPETITIVE, PEER
  REVIEWED GRANTS FOR PHYSICAL, LIFE SCIENCES, INFO
  TECHNOLOGY, FORENSIC PATHOLOGY
• DEVELOPMENT OF INTERDISC GRADUATE PROGRAMS
• DEVELOPMENT OF BEST PRACTICES OUTSIDE OF DNA

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POST NAS ERA

• DISCIPLINES IN NEED OF STANDARDS, MEASURES, AND
  FURTHER VALIDATION
• FINGERPRINTS
• INTEROPERABILITY OF AFIS
• IMPRESSION EVIDENCE
• TIRES, ODONTOLOGY, SHOEPRINTS
• TOOLMARKS AND BALLISTICS
• OPERABILITY OF BALLISTICS DATABASE
• DIGITAL EVIDENCE (ELECTRONIC DOCS)

7
POST NAS ERA

• DISCIPLINES IN NEED OF STANDARDS MEASURES
• PAINT
• FIBERS
• ARSON INVESTIGATION

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NY Forensic Science Commission

• Evolution Poklemba Comm.
• Regulatory scheme borrowed from Dr. David
  Axelrod, head of NY Dept of Health, for clinical
  labs
• Axelrod father of CLIA
• Last bill signed by Mario Cuomo
• Same structure recommended in first NRC Report on
  DNA Forensic Science

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PERSONAL BACKGROUND

• POKLEMBA
• COLD SPRING HARBOR
• DNA LITIGATION
• CASTRO FIRST NRC REPORT
• HELPED DRAFT NY STATUTE
• COMMISSIONER 13 YEARS SPEAKERS APPOINTEE
• WORKED ON DNA IDENTIFICATION ACT
• PROFICIENCY TESTING STUDY GROUP

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PERSONAL BACKGROUND

• COMMISSIONER FOR JUSTICE DEPT COMMISSION ON
  FUTURE OF DNA EVIDENCE
• ASHCROFT HOLDOVER
• WORKED CLOSELY WITH FBI ON A NUMBER OF PROJECTS,
  RECENTLY CBLA
• JUDICIAL, POLICE, DEFENSE, DA, VICTIM RIGHT
  EDUCATION
• ALLY OF PROGRESSIVE FORCES IN FORENSIC COMMUNITY
  WHO WANT TO IMPROVE SCIENCE, RELIABILITY, ETHICAL
  STANDARDS
• MAJOR PROPONENT OF ACCRED CERTIF.

11
PERSONAL BACKGROUND

• DEEPLY INVOLVED IN JUSTICE FOR ALL ACT
• DNA PROVISIONS (DEBBIE SMITH, BLOODSWORTH)
• SECTION 311
• NAS GETTING FORENSIC SCIENCE GRANT
• WILL BE INVOLVED FEDERAL LEVEL NO MATTER WHO IS
  PRESIDENT

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Commission Structure Key Features

• Interdisciplinary
• Merits atmosphere, cross fertilization, health
  department
• Stakeholders represented
• Apolitical atmosphere (Pataki administration)
• Helpful to get all perspectives, co-operation on
  policy
• STAFFED BY DCJS (CAL DOJ equivalent)
• DCJS Co-ordinator gets vote but DCJS staffs,
  provides data, and implements regulations and
  policies
• INDEPENDENCE KEY
• Subpoena power, penalties for misrepresentation

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Commission Structure Key Features

• FORENSIC CRIME LABORATORY DEFINITION BIG
  MISTAKE!!
• REGULATION LIMITED TO LAB, NOT POLICE DEPT
  FORENSIC WORK OR CRIME SCENE ANALYSIS
• NO REGULATION OF LIFTING PRINTS, ONLY LAB PRINT
  EXAMINATION
• NO REGULATION OF POLICE PRINT EXAMINERS IN SMALL
  DEPARTMENTS
• NO REGULATION OF POLICE BALLISTICS
• NO REGULATION OF ARSON CRIME SCENE EXPERTS, JUST
  LAB ANALYSIS OF ARSON EVIDENCE
• ANTICIPATED FINGERPRINT, BALLISTIC, AND ARSON
  PROBLEMS BUT POWERLESS TO MAKE POLICY

14
Commission Structure Key Features

• Power to accredit all NY labs and private labs
  doing business in NY, just like NY Dept. of
  Health
• MANDATED ALL LABS BE ACCREDITED
• BEST MOVE WE MADE CRITICAL POWER
• Mandated accreditation by ASCLAD-LAB and
  Toxicology Examiners as necessary condition for
  NY accreditation
• Every lab accredited although sometimes gave
  preliminary accreditation if had not yet met
  ASCLAD requirements

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Commission Structure Key Features

• BEST MOVE WE MADE CRITICAL POWER
• REVIEW ALL ASCLAD-LAB REPORTS
• GET TO KNOW STRENGTHS AND WEAKNESSES OF LABS
  STATEWIDE CO-ORDINATE POLICY
• EVEN THOUGH LABS ACCREDITED LOTS OF ERRORS, AND
  COMMON PATTERNS
• HELPED US UNDERSTAND ASCLAD-LAB CRITERIA AND
  SUGGESTED CHANGES
• ASCLAD-LAB MANDATE THAT LABS THEMSELVES DISCLOSE
  SERIOUS ERRORS MISCONDUCT EXTREMELY IMPORTANT

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Commission Structure Key Features

• BEST MOVE WE MADE CRITICAL POWER
• WITHHOLDING NY STATE ACCREDITATION FORCED
  COUNTIES TO FUND LABS
• ONEDAGA COUNTY
• NASSAU COUNTY
• FORCED NYC CRIME LAB TO DO PRELIMINARY
  ACCREDITATION TO PROTECT MULTI-MILLION INVESTMENT

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Commission Structure Key Features

• BEST MOVE WE MADE CRITICAL POWER
• REVIEW OF ASCLAD-LAB REPORTS CREATED ATMOSPHERE
  WHERE CRIME LABS ENGAGED IN DIRECT DIALOGUE WITH
  COMMISSION ABOUT PROBLEMS AND OPPORTUNTIES
• DISPUTES AIRED BETWEEN LABS
• EX PRISON SUICIDE CONFLICTING P-30 RESULTS
• WHISTLE BLOWERS ANONYMOUS LETTERS
• FORMAL PROTECTION NOW

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Commission Structure Key Features

• POLICY MAKING POWERS
• GOOD MOVES DNA DATABANKING
• FORCED FIRST SAMPLES BE TAKEN FROM INMATES ON
  SUPERVISED RELEASE
• PUSHED FOR KEEPING NEW CASE BACKLOG LOW
• COULD BE BETTER
• GOOD MOVES UNTYPED RAPE KITS
• NYC SAFIR GIULIANI INTIATIVE
• BURGLARIES
• CAR JACKS AUTO THEFT
• CRIME SCENE UNIT TRAINING
• PRECURSOR TO DEBBIE SMITH ACT

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Commission Structure Key Features

• MISTAKE
• FAILURE TO INSTITUTE LIMS SYSTEMS EARLIER
• PROFICIENCY TESTS

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SECTION 311

• REPORTS
• STATE INVESTIGATIONS COMMISSION
• IG
• Co-operation and disclosure to Das
• Re-examination of old cases