Ted Bundy vs. Arrestee DNA Databasing
By Chris Asplen
It’s more than a little ironic that the week before the DNA of Ted Bundy, one of America’s most notorious serial killers, is entered into a DNA database, the First Appellate Court in California has ruled its arrestee database to be unconstitutional.
Family Feud: The Familial DNA Search Controversy Continues
By David Kaye, Stephen Mercer, Brad Jenkins
Despite some vocal criticisms and concerns regarding the practice of familial DNA searching, it is being increasingly considered. What that means for the forensic community remains to be seen, but for states that have moved forward with familial searching programs, protocols continue to be refined.
How To Extrapolate Alcohol With Certainty
By Henry J. Swofford
The courts have recently decided that single numerical values for blood and breath test results without a measure of uncertainty are inadmissible as they preclude objective interpretation.
Applying Melendez: Briscoe and Beyond
By Ronald K. Bullis, Ph.D., J.D.
A look at the effects of Briscoe v. Virginia and subsequent case law on the enforcement and application of Melendez-Diaz v. Massachusetts.
Confronting Science: Melendez-Diaz and the Confrontation Clause
By Craig C. King, J.D.
In an interesting turn of its docket this year, the U.S. Supreme Court agreed to hear a case with an almost identical issue as the controversial decision from last term’s Melendez-Diaz v. Massachusetts. However, the Court’s one-sentence opinion sent it back down to the Virginia Supreme Court, instructing its members to make their ruling consistent with last year’s. Melendez-Diaz provides clarity on the use of live testimony over the introduction of testimonial documents.
From The Editor: Forensics In The News
By Rebecca Waters
The Melendez-Diaz case ruling that lab analysts had to be available to testify if their analysis was submitted as evidence—has resurfaced as the U.S. Supreme Court consented to hear Briscoe v. Virginia.
Injunction Denied
By Chris Asplen
The American Civil Liberties Union has filed its class action law suit in California challenging the implementation of that state’s arrestee DNA database legislation. Fortunately for many potential victims and for many suspects, the Federal judge deciding the preliminary injunction has ruled against the ACLU.
The Database Dilemma
By Chris Asplen
The past several months have been full of contrasts and contradictions. We have seen fascinating cases solved illustrating the incredible effectiveness of forensic DNA technology.
From The Editor: Expunging DNA: Who? What? When? Where?
By Rebecca Waters
As we continue to expand the national DNA database through broader sampling criteria in a growing number of states, the debate grows on the ethics of DNA collection and how the DNA database is administered.
From The Editor: The Burden of Proof Will Weigh More Heavily on Crime Labs
By Rebecca Waters
The contentious 5-4 ruling in Melendez-Diaz v. Massachusetts asserts that forensic analysts must testify under the Sixth Amendment Confrontation Clause granting defendants the right to confront witnesses against them.
The Cost of Serving Justice
By Chris Asplen
In June, the United States Supreme Court issued one of its most significant opinions affecting the use of forensic science in the courtroom: Melendez-Diaz v.Massachusetts.
Some Thoughts on Quality Concerns in Crime Laboratories
By Edward E. Hueske
According to the much anticipated crime laboratory study report released by the National Academy of Science (NAS) on February 18, 2009, a “badly fragmented” forensic science system needs an overhaul.
Making Sense of MSDS: The Foundation of Safe Chemical Management
By Vince McLeod, CIH, Glenn Ketcham, CIH
A few months ago an entirely preventable tragedy occurred when a UCLA research assistant was burned over 43% of her body and died eighteen days later in a hospital burn unit. A quick glance at the compound’s MSDS might have prevented this terrible loss.
An Open Letter from ASCLD Regarding the NAS Report
By Dean Gialamas , Beth Greene
An open letter from ASCLD to Senator Patrick Leahy regarding the National Academy of Sciences report “Strengthening Forensic Science in the United States: A Path Forward.”
The NAS Study: We should Begin at the Beginning
By Chris Asplen
Several articles back, I said that it was about time that an independent research report confirmed that forensic DNA technology is particularly well suited for the investigation and prosecution of property crimes. The recently released study by the National Academy of Sciences is cause for a similar reaction.
The European Court of Human Rights Decision: What It Did and Did Not Say
By Chris Asplen
For the last several years, the European Court of Human Rights has been considering the cases of 'S' and Marper v. the United Kingdom. On December 4, 2008, the Court issued its “Grand Chamber Judgment” considering the issue of the “retention of fingerprints, cellular samples, and DNA profiles after criminal proceedings were terminated by an acquittal."
International Updates
By Chris Asplen
DNA Initiatives around the Globe
Postconviction DNA Testing: An International Impact
By Chris Asplen
To point out the obvious—the application of DNA technology to postconviction appeals has compelled more than a few changes to the U.S. criminal justice system.
Improving Forensic DNA Laboratory Throughput: Enhanced Data Analysis and Expert Systems Capability
By Roger Frappier, Lisa Calandro, Lisa Schade, BS, MHR
The introduction of DNA technology into the forensic laboratory in the mid-1980s enabled laboratories to process a larger array of sample types and utilize more sophisticated tools to help answer difficult questions inherent in forensic casework.Restriction fragment length polymorphism (RFLP) methods were supplemented by hybridization-based technologies such as the DQA1/Polymarker kits, which became the first commercially available DNA typing kits for forensic use.
Saving Us from Ourselves: Re-creating Forensic Science
By Max M. Houck, Lawrence Quarino
Historically, forensic science did not originate from a culture of research; rather, academicians and medical specialists applied their knowledge of basic science to questions of criminal activity. This has led to those involved in non-forensic academic circles to sometimes view forensic science as “only an applied science” or a lesser area of study.
Eliminating DNA Backlog
By Richard Pinchin
Every criminal that the United States fails to convict on first offence goes on to commit, on average, an additional six crimes. It's a chilling thought, and it sits at the heart of one of the most pressing issues to face forensic science today; the DNA backlog.
Qualifying the Expert Witness: A Practical Voir Dire
By Gil I. Sapir, JD, MSC
Lawyers rarely do more than minimally review the qualifications of the expert and verify the facts on which the expert conclusions are based. The voir dire examination is typically based upon perfunctory questioning about institutional affiliation and publications.
Evolution of DNA Evidence for Crime Solving - A Judicial and Legislative History
By Lisa Calandro, Dennis J. Reeder, Karen Cormier
In recent years, legislative issues have become the focus, stemming from the increased use of DNA databanking and the movement to allow post-conviction DNA testing.
