Forensic Commissions

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Forensic Commissions

• Stephen Saloom
• Policy Director
• Innocence Project

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• (You can start booing now if you want)

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In all seriousness

• IP understands our work pointing to forensic
  imperfections does not sit well
  
• Crime Lab Report would have you think we make
  this stuff up
  
• Lets discuss in Q/A
• We have good intentions, as do you
• Consistent provision of quality forensic E
• Catch perpetrators of crime, exclude innocents

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• Innocence Project
• Uses DNA to exonerate innocent people convicted
  of serious crimes, and advocates for reforms that
  can increase the accuracy of criminal
  investigations and prosecutions, and otherwise
  enhance justice in our criminal justice system

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• The Innocence Project is not a defense
  organization
  
• We dont represent the interests of persons
  accused of a crime We represent those who we
  think are innocent despite having been convicted

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• Solely focus on cases where
• We believe that the claim of innocence has
  significant merit and
  
• We believe that there is biological evidence from
  the crime scene that, if located and tested, can
  demonstrate that persons innocence.

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• These cases are tragedies, but also opportunities
  to learn
  
• By reviewing cases, can understand what factors
  misled the police, prosecutor, judge and jury to
  find an innocent person guilty beyond a
  reasonable doubt

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• By then identifying the improvements that can
  minimize the possibility of these factors
  misleading the system i.e. analysts and
  administrators, detectives, prosecutors, judges
  and juries the Innocence Project hopes to
  increase the accuracy of our criminal processand
  thus the justice that it can provide

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• Contributing factors to wrongful convictions
• Eyewitness Misidentification
• Invalid or Improper Forensic Evidence
• False Confessions or Admissions
• Incentivized Informants
• Inadequate Criminal Defense and Misconduct
• Police or Prosecutor Misconduct
• Judicial Shortcomings

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• Drawing notice to imperfections in our forensics
  systems is not meant to impugn forensic analysts
  or directors it is to demand that the
  imperfections be addressed to ensure the quality
  and integrity of forensic evidence used to guide
  law enforcement investigations, criminal
  prosecutions, and judicial determinations of
  innocence or guilt

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Function of Forensic Commn

• Convene experts from throughout a state
• Who have expertise, experience, and/or unique
  understanding of forensic evidence and how it is
  presented and employed in the criminal justice
  system
• In summary, an independent, expert and
  system-wide advocate for the production of
  quality forensic evidence statewide

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The Mission of Forensic Commissions

• Whatever the form and functions chosen by a
  state, the mission must be to advance the quality
  of forensic evidence used to investigate and
  prosecute crimes

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The Value of Forensic Commissions

• Brings the various substantive perspectives on
  forensic evidence to the table to
  
• Talk with each other
• Educate each other
• Understand each other and
• Thus enable the best decisions possible about how
  to most appropriately utilize forensic assays in
  the criminal justice system.

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Why do different perspectives matter?

• The criminal justice system is specifically
  intended to be an adversarial battleground, with
  judges as referees
  
• Yet at the same time, we all want forensic
  evidence to provide the most objective and just
  result from each battle
  
• But our adversarial positions tend to deny us the
  ability to learn from each other, understand each
  other, and support each other on our larger
  forensic goal

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Possible Responsibilities of Forensic Commissions

• Assess needs of forensic community statewide
• Advocate for appropriate forensic funding and
  support
  
• Ensure quality of forensic evidence
• Provide guidance to courts about forensic
  developments
  
• Serve as a sounding board for concerns of
  forensic community, ex. forensic funding,
  staffing, and training
  
• Perform oversight functions as directed by
  legislative or executive mandate and
  
• Serve as an advisory body for all other questions
  and concerns about forensic issues and policy

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• To earn the faith of the public, policymakers and
  media expected to follow its recommendations, a
  Forensic Commission must be
  
• Independent
• Chaired by individual outside of state forensic
  system, or at least rotating basis
  
• Open to the public
• Save for executive session needs

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• Properly composed, led and conducted, Forensic
  Commissions can provide
  
• The support necessary to enable forensic analysts
  and directors to achieve the consistent quality
  they strive for
  
• Insulation from the political pressures that are
  sometimes imposed upon labs
  
• The transparency and independent voice necessary
  to eliminate speculation about the propriety of
  forensic evidence.
  

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• One of the biggest obstacles to best enabling the
  full support necessary for consistent quality
  forensics is the adversarial approach we bring to
  these policy issues from our roles in the CJ
  system
• Forensic Commissions provide an opportunity to
  overcome those obstacles

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• The Innocence Project looks forward to working
  with crime lab directors around the country to
  explore how to best approach the establishment
  and operation of Forensic Commissions in your
  state