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Friday, September 13, 2019

Review: Forensic science. The importance of identity in theory and practice

A paper was recently published over on Science Direct (link) exploring what may be a "crisis" in forensic science. Here's the abstract of the paper:

"There is growing consensus that there is a crisis in forensic science at the global scale. Whilst restricted resources are clearly part of the root causes of the crisis, a contested identity of forensic science is also a significant factor. A consensus is needed on the identity of forensic science that encompasses what forensic science ‘is’, and critically, what it is ‘for’. A consistent and cogent identity that is developed collaboratively and accepted across the entire justice system is critical for establishing the different attributes of the crisis and being able to articulate effective solutions. The degree to which forensic science is considered to be a coherent, interdisciplinary yet unified discipline will determine how forensic science develops, the challenges it is able to address, and how successful it will be in overcoming the current crisis."

The article seems an exploration of struggle for identity, as the title suggests. What is it? What are we to do with it? What happens when it's not done correctly? Who's responsible for reform? Curiously, even as the paper notes the work done on forensic science in the US, it omits reference to the 2017 A Framework for Harmonizing Forensic Science Practices and Digital/Multimedia Evidence (link). I point this out because the OSAC's document provides a solid definition of forensic science that can serve as a foundation from which to explore the paper's topic, as well as to provide a path forward for research and practice.

As a reminder, the definition of forensic science, "The systematic and coherent study of traces to address questions of authentication, identification, classification, reconstruction, and evaluation for a legal context." "A trace is any modification, subsequently observable, resulting from an event."

I think that within the OSAC's definitions, the goals outlined in the paper can be achieved.

Nevertheless, the likely root of the "crisis" as observed by the author can be seen in another area altogether - bias.
The topic of bias, and the many places it influences the justice process has been explored in depth. Particularly, these two papers (link) (link) explore the impact of bias from the standpoint of each of the stakeholders and the influence of modern media.

Another place where bias occurs is in the selection and continuation of cases by the prosecution. For example, what effect does linking a prosecutor's "win / loss" record to their promotability within their organization have on their decision making process? Once they've filed a case, is there evidence of an "escalation of commitment" when confronted with problems in proving their case? With "escalation of commitment" bias, the prosecutor may seek out "fringe techniques" in an attempt to support their theories of the case. Is it these "fringe techniques," not forensic science, that have contributed to the observed "crisis" - as was illustrated in Netflix's Exhibit A?

Still, I'm glad to see that people are starting to identify that there might be a problem in the practice of "forensic science." How that problem, or "crisis," is addressed will make all the difference in the world.

Have a good weekend my friends.

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