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92 Judicature 188 (2008-2009)
Setting Forensic Science on a New Path

handle is hein.journals/judica92 and id is 188 raw text is: Editorial Setting forensic science on a new path The recently issued National Academy of Sciences report offers a unique opportunity to revamp the forensic science delivery syst The integrity of the criminal justice system is inextricably dependent on forensic science. Our courts are enti- tled to expect that work of the high- est quality and timeliness will be forthcoming from those who provide services in this field. But public crime labs and medical examiner and coroner offices need help. Con- gress has a unique opportunity to revamp the forensic science delivery system in the United States by adopt- ing the recommendations of the National Academy of Sciences' (NAS) report issued on February 18, 2009, entitled Strengthening Forensic Science in the United States: A Path For- ward. Over the years we have had ample examples of failed justice when sci- ence does not live up to its promise, whether through ineffectual use of science, over-stated opinions, or, in a few cases, malfeasance. Convicting innocent people and allowing guilty ones to go free is unacceptable to everyone. It is simply bad policy and erodes public confidence in law enforcement, the courts, and the criminal justice system. The National Academy's report offers a far-reaching set of recom- mendations to right the system and set forensic science on a new path. Yet, until Congress acts to endorse and adopt the recommendations, lit- tle will happen. The NAS report notes that foren- sic science is a critical element of the criminal justice system and identifies aspects that are flawed and in need of improvement. It notes, for exam- ple, that forensic science is frag- mented and underfunded. While the field of forensic science has its detractors and its supporters, all will agree that quality forensic science, delivered in a timely fashion, is essential to the criminal justice sys- tem. Many of the important recom- mendations will take years to set in place. But the NAS report's first rec- ommendation-to create a National Institute of Forensic Science-is key to establishing a strategic pathway. Forensic science covers a wide range of disciplines: chemistry, biol- ogy, medicine, and material science, plus a wide array of subjects not gen- erally found in traditional academic I Editorials are prepared by a committee of the American Judicature Society appointed by the president. 188 JUDICATURE Volume 92, Number 5 March-April 2009 departments. Thus, many feel that fingerprint identification, hand writ- ing analysis, firearms, tool mark, tire impressions, footwear evidence, arson investigation, bite marks, etc., need further validation. All of these areas of investigation present diffi- cult and important issues for courts, who serve as the gatekeepers, determining what evidence juries may consider and what does not meet a threshold of reliability. The report concludes that the courts have been utterly ineffective in addressing this problem. The Amer- ican Judicature Society-committed as it is to improving our systems of justice-cannot but be deeply con- cerned about the need for reform in this area and is uniquely positioned to offer judicial education on the issues. A number of the recommenda- tions raise serious challenges. For instance, the report notes that some routinely employed forensic tests need further validation. The implica- tions of this observation are obvious. Does this suggest that fingerprint or firearms evidence, to pick two exam- ples, may not be admissible until fur- ther evaluation is completed? Comprehensive, well-funded, and peer reviewed research is needed to evaluate a wide range of physical evi- dence in order to determine how capable it is of identifying individuals and error rates associated with analy- ses. While studies have evaluated many classifications of evidence, more is needed. Naturally, it is fair to say that just because studies have not Continued on page 249

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