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Junk Science: False Impressions Is bite-mark evidence reliable enough to help convict a defendant? What about hair analysis? As the Texas Forensic Science Commission painstakingly studies these and other issues, the once troubled organization is putting the state at the forefront of criminal justice reform—and serving as a model for the rest of the country

Next: Motherisk: (Aftermath 9): Toronto defence lawyer Daniel Brown notes that "Commissioner Susan Lang's recent report on the Motherisk scandal at Toronto’s Hospital for Sick Children makes it clear that science has let us down again."..."It is vital that we waste no time in extracting lessons about a problem that extends far beyond Charles Smith and Motherisk: the justice system’s over-reliance on junk science. Bad science is an alarming thread that runs through almost two dozen Canadian wrongful murder convictions exposed in recent years by the Association in Defence of the Wrongly Convicted (AIDWYC). The roll call of errors in these cases includes clothing fibres mistakenly believed to match one another; experts who incorrectly concluded that dog bites on a dead child were knife wounds inflicted by her mother; inept autopsies that misinterpreted the cause of death; biology samples contaminated by a government lab technician; and hair samples that anchored a murder conviction, yet later turned out to be worthless. It is all too easy to latch onto cutting edge science as being a final, perfect answer to our questions. However, the steady evolution in testing techniques ought to serve as a red flag. Arson experts steadily discard old theories about the origin and spread of fire as their science progresses; ballistics technicians evolve new understandings of the impact of bullets on bone or flesh; blood spatter analysts steadily refine their opinions based on new techniques. In the U.S., the Federal Bureau of Investigation admitted last April that hair identification testimony from its forensic scientists was flawed in 95 per cent of the 268 cases before 2000 it has reviewed so far. In 32 of those cases, the defendant was sentenced to death." (Must. Must Read. HL);
Previous: Bulletin: Purvi Patel; Indiana; Women's groups (Including some in UK) protest twenty-year sentence handed to Purvi Patel for death of foetus; "The British Pregnancy Advisory Service described Patel’s case as, “tragic” and warned it could set a dangerous precedent for other pregnant women. A spokesperson told The Independent: “Purvi Patel is sadly the latest victim of the creeping criminalisation of pregnant women’s behaviour in America. “These ‘feticide’ laws are being used to punish the pregnant women they purport to protect, and will only discourage those who need medical care from seeking help, putting women and their babies at greater risk. “What we are seeing in the US should serve as a warning to those who support reproductive rights in the UK. Ending a pregnancy remains a criminal offence in British law that carries a potential twelve-year prison term if the grounds of the 1967 Abortion Act are not met. “This means that a woman who buys abortion pills online could be incarcerated." The Independent;
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STORY: "False Impressions"  by Michael Hall of Texas Monthly; Hall  asks, in the January 2016 issue:  "Is bite-mark evidence reliable enough to help convict a defendant?, What about hair analysis? As the Texas Forensic Science Commission painstakingly studies these and other issues, the once troubled organization is putting the state at the forefront of criminal justice reform—and serving as a model for the rest of the country."


GIST: "Forensic dentists are not alone in feeling persecuted. The truth is, many forensic science methods, from the way fires are investigated  to how hair is analyzed, were created not by scientists but by individuals looking to aid law enforcement, and they are outdated in the world of DNA. And for the past five years, the FSC has been dragging these methods into the modern era, initiating a dozen investigations and leading the review of hundreds of old cases. It’s also brought together people who are usually sworn enemies in the courtroom to talk about how the criminal justice system makes forensic mistakes in the first place. “The commission doesn’t take sides,” said state senator Juan “Chuy” Hinojosa, a Democrat from McAllen who is one of its champions in the Legislature. “The stakeholders in the system have confidence in the commission, that its findings will improve a system that needs improving.” The FSC has emerged as one of the most important forensic science policy groups in the country, one trying to fix serious problems—in particular, how to stop convicting innocent people based on outmoded science. Other states, including New York and Delaware, have similar commissions, but Texas has had the most success at bringing about reform. “The New York innocence people greatly admire the Texas commission,” said Di Maio, who is originally from Brooklyn. “For a New Yorker to say that is amazing. Texas is pioneering. We’re so far ahead—everyone else is eating our dust.”

The entire story can be found at: 

 http://www.texasmonthly.com/articles/false-impressions/

See consummate blogger Dr Michael Bowers comments on his blog on this topic  "Forensics in Focus (CSDDS)":  "Well, its not just the bitemarker zealots being scoured by the Tx Commission as mentioned in the January issue of Texas Monthly. But, its title is “False Impressions” and its headpiece image is the above closeup of some badly busted up dental models. The article runs the details of this non-regulatory panel’s rise to new prominence in Criminal Justice news for its stance on junk arson investigations, DNA and the pesky 4 remaining bitemark dentists bold enough to showup at the TCFSC proceedings to defend themselves. The defending dentists totally missed (intentionally of course) the Commission’s oft-published charge to them to present legitimate scientific data behind their belief-based “system” of dental identification. This Texas article gives them short-shrift. There   are numerous quotes from the panel and one outstanding member, general counsel Lynn Garcia, who at the outset of the Commission’s bitemark journey, took alot of objectionable flack from the very same dental bunch described in the article."

http://csidds.com/2015/12/27/tx-forensic-sci-commission-gets-kudos-for-driving-bitemark-analysts-to-ground/

PUBLISHER'S NOTE:Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
 
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
 
 http://www.thestar.com/topic/charlessmith
 
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html

Harold Levy: Publisher;  The Charles Smith Blog.
 



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