Saying the “misapplication of forensic science is the second most common contributing factor in wrongful convictions in the United States,” Michigan governor Gretchen Whitmer (D) has established a task force to strengthen the use of forensic science in her state.
In late 2019, the National Registry of Exonerations revealed that 131 wrongfully convicted people have been exonerated in Michigan, with 20% of the cases involving false or misleading forensic evidence as a factor that led to the wrongful incarceration. While Michigan is the 10th most populous state, it ranks fifth in exonerations. Since the release of this report, a handful of state lawmakers have been calling for a forensic science commission in the state.
Whitmer’s executive order—signed last week—kicks off that process.
The Task Force on Forensic Science will be multi-disciplinary, including experienced forensic scientists, multiple attorneys, a forensic pathologist and scholarly authors/researchers/experts from the private sector or a state university, including one who has published literature on cognitive bias. Although not required, vacancies have been made open to the Attorney General’s office, the Michigan Supreme Court and the state Senate and House of Representatives, as well.
“Even though this state’s world-class forensic science laboratories reliably deliver sound results, forensic science goes well beyond the work of our labs,” wrote Whitmer.
According to the executive order, the task force must deliver their final report no later than Dec. 31, 2021. The report must include a review of the current state of forensic science in the state of Michigan, as well as policy recommendations for the future.
In addition to recommendations to improve and strengthen the use of forensic science in the state, the report will also establish a process to ensure alleged misconduct by professionals is addressed quickly and efficiently.
Additionally, the commission is tasked with establishing a procedure to update stakeholders on developments within forensic science.
“It is vital that the State of Michigan and its courts rigorously adhere to best practices for the use of forensic science within the criminal justice system. These practices are evolving faster than ever with the advancement of new technology and scientific practices,” reads the executive order.
According to the Innocence Project, Michigan has paid nearly $8 million in settlements for cases involving flawed forensics and over $34 million through civil actions filed for wrongful convictions across the state.
“We are thrilled to hear that the Governor has established this critical task force and we look forward to working with task force members as they develop recommendations on how to ensure that outdated and misapplied forensic science does not continue to play a role in causing wrongful convictions,” said Dave Moran, co-founder and present co-director of the Michigan Innocence Clinic.
Photo: Forensic scientist with the Michigan State Police testing a firearm. Credit: MSP YouTube.