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February 5, 2009

Fixing Forensics

Posted: 05:03 PM ET

NEW YORK–We hear from our friends at the Innocence Project that a big report is coming down on forensic science. Apparently, the National Academy of Sciences has spent the last two years studying the use of forensics in criminal cases. Their conclusion: Forensic evidence presented in court is often based on shoddy science practices in the lab.

Scientist at work in crime lab

That includes fingerprinting, ballistics, blood spatter and bite marks, hair and handwriting analysis, all of which have been used to convict thousands of defendants for the better part of the last hundred years.

It is worth noting that the National Academy of Sciences is the country’s top scientific research group. So forget what you’ve seen on CSI. In reality, forensic science is not foolproof. In my view, forensics suffers, most fundamentally, from a lack of independence. After all, this branch of “science” was developed by police and prosecutors to close cases. The inherent bias is compounded by poorly trained technicians who exaggerate the accuracy of their methods in court.

Bottom line: We are convicting people in this country based on outdated and/or untested theories presented by analysts who very often have no background in science or statistics. But there is a simple solution: Oversight.

Congress should establish a federal agency to guarantee accuracy and independence. As the forthcoming report concludes, such oversight is the only way to promote universal standards in a branch of science that incorporates anthropology, biology, chemistry, medicine, physics and the law. I hope our lawmakers will take notice. They all talk a good game of believe in our constitutional system of justice. Let’s see them take this important step to protect it.

–Jami Floyd, In Session anchor

Watch Jami Floyd: Best Defense on In Session weekdays from 11 a.m. to 1 p.m.

Filed under: Uncategorized


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country7179   February 6th, 2009 3:49 am ET

could someone tell me what the heck nancy graces kids haft to do with the news?


Kathleen   February 6th, 2009 4:26 am ET

I wholeheartedly agree, , especially since the results profoundly affect others lives. To not have a federal agency as an overseerer of accuracy standards with no bias or vested interest in the results should not even be an option.


stella durham   February 6th, 2009 10:30 am ET

I am outraged that Hilton was in prison for 10 years before she had a trial. I am a certified educational diagnostition. This woman is very sick in the head,but after being held ten years without a trial, she should be released because of outrageous denial of a speedy trial. What is going on in that DA's office. My only daughter is a prosecutor and I am extremely proud of her, I can only pray that she never does anything as egregious as what has happened to this poor woman.
And Lisa, PLEASE DO NOT LEAVE!!! You are the smartest and best on the court shows. We also need to add Rikki Kleman to another hour. Love you Lisa and your wonderful Mother.


vivian whitford   February 6th, 2009 11:27 am ET

my heart goes out to this woman , if she is found not guilty her entire life has been put out there for the world to see.and i do not see a single family member in that court room to support her. from where i sit in my living room the son could cares less about his mom he seemed very cold and uncaring but i guess thats what happens when one is covering for themselves. all the best to ms hilton she suffers every day of her life.


Miriam   February 6th, 2009 1:56 pm ET

The federal government is in a mess, causes messes in our lives as it is – please do not suggest that they need to be in charge of anything else. They are being allowed to control enough of our lives. Go to China or one of the other countries where the government is in control and has been in control of their citizens' lives and see where those people want to come to!!!!! This is a great country still and needs to stay that way. Oh yes with all the crisis in the finances of this country where do these politicians get off going on an expensive retreat at our expense. Yes they personally pay part of it with campaign money but alot of it comes at my expense......I don't have it to spare does anybody else have the extra money to send politicians on a "vacation"? They needed to have stayed home.....


Diane Sower   February 6th, 2009 2:07 pm ET

Having watched Court t.v. and now In session for years, I have come to the conclusion that where mental illness is concerned prosecutors are out for the kill, not for justice. Just today, right now, a defense attorney stated that it would be better for the ill to do prison time rather than be in a mental facility because they would get out earlier. Do the prisoners get the treatment they need in prison? Does she even know this? Are jurors even told about differing verdicts concerning mental illness? This system here is archaeic compared to other westernized countries, and we have alot to learn.


Kristina Gillum   February 6th, 2009 2:20 pm ET

In many ways this stirs thoughts of "third party harrassment" which would place the responsibility squarely back on the shoulders of a DV perpetrator. Having been a domestic violence victim in the past and reasonably educated and intelligent person in the now, here's my take: DV perps often have a way of surrounding themselves with people who have some weakness in their intelligence or character and exploiting those weaknesses to achieve their own ends. Through the power of suggestion, chronic whining, chronic complaining, etc. I've had it done to me. Where family members of the perp would drive by my house and report back to the perp, yell comments at me, leave notes or objects on my porch, question my kids.....all of that was third party harrassment. I'm wondering why there is not more culpability/questioning about the son's willingness to exploit his mother's mental/emotional health to achieve his own ends. I think he needs to consider that. If I had to wager a guess, I'd bet between him and his maker, it will be an issue.

Kristina Gillum


Gretchen Tice   February 6th, 2009 2:38 pm ET

How could her family have let her suffer these continual seizures without getting her medical help for so many years? It is horrible to think that they let her live in such torture.

Gretchen
Phoenix, Az.


gloria reed /   February 6th, 2009 6:18 pm ET

this woman hilton is clearly disturbed our justice system should be ashamed of themselves . Her kids should be around for mom but it looks like nobody is.I think shes innocent the witness could of seen anybody because clearly you could see on all the videos that this woman is flat chested and he claims to see the shape of a womans breast that was running off.


Jeremy   February 6th, 2009 7:27 pm ET

I worked as a forensic engineer for 2 years. I have a BS in biomechanical engineering and know that most Biomedical experts are full of crap and work for whatever side they are retained. The whole business is ridiculous. My boss, the expert had me skew test results and made me conduct unscientific experiements, it was the biggest scam i have ever been a part of. Experts my butt, the only thing most forensic experts are good at are racking up huge huge bills.


Betty Phillips   February 9th, 2009 5:31 pm ET

This woman needs medical help, and I do not think she would get it in prison. She needs the prayers of all Americans, however, it is a different story with her son. Betty


sean brizendine   February 10th, 2009 12:20 pm ET

this is a travesty that needs to be addressed immediately because it could happen to anyone.
"sean in santa rosa"


vivian whitford   February 10th, 2009 3:00 pm ET

i truly believe the only thing this woman is guilty of is being mentally sick and no fault of her own for that.
i blame her family for not getting her proffesional help many years ago. but they ignored her then so of coarse they will ignore her now however she will stand behind her kids till the end even if it means sitting in a jail cell for the rest of her life and they walk freely in the world . they are the ones thats sick when you think about it.
of coarse her sickness is worse today than years ago her help if any i'm sure is minimal.
reverse the situation put the son where his mom is see if he has the same attitude toward his mom when it all catches up with him .
God bless you ms. hilton and peace come to your soul.

vivian whitford toronto canada


pj   February 12th, 2009 2:12 am ET

Mrs Hilton has served enough time already.... from the time she has been locked up she has just got sicker. She sure doesn't appear to have been under much care at all, let alone any sort of mental health care. Poor woman is sleeping through this trial...does not have a clue her life is on the line. I 've seen a lot of good defense here. But my question is this too and it may have been answered on shows I've missed ...but this building...was veeeery old correct? Could the building be old enough that some of that wood that appears to have had excellerant used on it could have been treated in some way with gasoline...such as using it(gas) as a thining agent to apply finish to the wood? The other question is ...and again I am not getting to see every day...where were the smoke and fire alarms ...did the family that lived on the upper level have any kind of fire excape sytem in place..not that I blame them but...if this is being blamed on the woman..and no-one can say for certain she did do this, I just have to ask if someone is being used as a skapgoat for what could have been a horrible accident in a housing unit without the proper fire protection in place ...would the owners then be at fault? The people testified they tried to get to the top floor but could not. Not one fire extinguiser on one of the landings? !! Aren't there codes that include alarms and other things to protect the people renting apartments, especially multi-family houses. This has been on my mind for two weeks so I gotta say it. I think these codes should have been in place even 10 years ago.


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