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PCAST: (1); (The President’s Council of Advisors on Science and Technology): Bulletin: Mark your calender; Webinar to help public defenders make use of the PCAST report to be held on December 2, 2016. Aimed at helping defence lawyers challenge prosecution expert witnesses as to the scientific validity of their discipline; (The post presents a helpful summary of the report. HL)..."This report will be useful for attorneys considering a challenge to testimony by forensic experts, as it explains in an accessible way what must be shown to demonstrate reliable principles and methods and reliable application of those principles and methods in a particular case. It is a worthwhile read for every criminal advocate as it suggests a framework for making a rigorous challenge to the admissibility of expert testimony."...Forensic Science of North Carolina Blog;

Next: PCAST (2): President's Advisory Council on Science and Technology; Editorial; 'Forensic's weak convictions:..'The Blade) 'The Blade' supports a call by the Ohio public defender for a review of cases where forensic “science” that’s been called into question may have helped send people to prison..."It’s reasonable for defense-side institutions, such as the state public defender's office and the Innocence Project, to take primary responsibility for reviewing cases. They're more likely to read ambiguous records in ways that favor defendants. But since the defense side can’t even look at many cases unless BCI identifies them, BCI must at the very least tell the public defender what cases it has used each kind of forensic science in. Beyond that, it should cooperate fully with the review, providing whatever notes and other records it can. BCI’s obligation is to pursue truth and justice, even when that means reversing convictions."
Previous: Mark Maxson: Illinois; Torture panel asks if the Chicago Police Department should be recording murder witnesses: White Elephant Case...". According to the commission, police brought Maxson to a South Side police station where he was originally interviewed as a witness — not as a suspect — in Lindsey’s murder. Maxson was held for three days before he was charged with the 6-year-old boy’s killing. Maxson “went voluntarily as a witness to Area 2 and stayed there voluntarily for 48 hours, before giving a statement that clearly indicated he had committed the murder or sexual assault,” the commission said. The only evidence of Maxson’s confession was a written statement. The Chicago Police Department didn’t begin videotaping interrogations of murder suspects until 2005. Now, the entire interrogation must be recorded. State law says confessions involving murders and certain other serious crimes are deemed inadmissible in court unless there’s an electronic recording of the suspect’s interrogation. But under today’s practices, Chicago Police detectives still would not have recorded their interviews of Maxson during most of the first 48 hours that he spent in custody as a “witness.” Police typically record only the final statement of a witness who gives permission, and not the interviews that come beforehand — unlike a suspect. Videos of Maxson’s statements during the entire time he was in custody — as a witness and a suspect — would have “definitely resolved any questions regarding whether he was physically coerced, whether he had details of the crime fed to him by way of interrogation and whether he remained voluntarily in Area 2 for three nights,” the torture commission said."
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POST: The PCAST report gives an in-depth look at the current state of certain forensic science disciplines. It makes recommendations as to the use of forensic science evidence in court, improvements to be made in research and improvements to be made in forensic science in general. ........This report will be very useful in the courtroom, as it uses a framework to assess scientific validity that mirrors the NC Rule of Evidence 702, which governs the admissibility of expert testimony. The report evaluates whether eight areas of forensic evidence are foundationally valid and validly applied, which are equivalent to prongs two and three of Rule 702 (whether the testimony is the product of reliable principles and methods (prong 2) and whether the witness has applied the principles and methods reliably to the facts of the case (prong 3))....The summary for each discipline examined is as follows.........This report will be useful for attorneys considering a challenge to testimony by forensic experts, as it explains in an accessible way what must be shown to demonstrate reliable principles and methods and reliable application of those principles and methods in a particular case. It is a worthwhile read for every criminal advocate as it suggests a framework for making a rigorous challenge to the admissibility of expert testimony. The National Association for Public Defense is offering a webinar entitled, Denuding the Emperor: Understanding and Using the PCAST Forensic Science Report at 1:00 pm on Dec. 2, 2016. Andrew Northrup, Assistant Public Defender in the Maryland Office of the Public Defender will discuss how the PCAST report can be used in the courtroom. The program is free of charge for NAPD members and $20 for non-members.
https://ncforensics.wordpress.com/2016/11/21/using-the-pcast-report-in-the-courtroom/

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