Years ago, in 2013 to be precise, I was invited to speak at the ICA conference held in Montréal, Québec. The conference had a special session on “distinguishing between science and pseudoscience in forensic acoustics”. Now, I am definitely not an expert in forensic acoustics. In fact, I know almost nothing about the field other than what I’ve read from time to time. So I wasn’t there to tell the audience anything about forensic acoustics, per se.
Read moreImpinging on the Court’s authority
One of the strangest things I have heard raised in argument against the logical approach is that use of the approach means the expert’s testimony will end up impinging upon the authority of the Court.1 I have heard this a few times recently. I find this particularly troubling because it has come from lawyers. Unfortunately, this has always happened in circumstances where I could not actually discuss the matter with them.
As an objection to the logical approach, this is the most unexpected thing I have ever heard, without a doubt. In reality, proper application of the logical approach is one of the few ways to ensure that this issue will not happen.
To clarify, it is important to first understand the concept of “usurping the role of the Court” which means, in essence, to improperly influence the court’s procedures and decision-making, often by speaking inappropriately to or about the ultimate issue. Or, in other words, to impinge on the Court’s authority to make decisions about the ultimate issue, or ‘what happened’. To be sure, there is a legitimate concern that this could be a problem, particularly when the court is listening to an expert. As a result, the concept has been discussed literally for years and it is not a new concern.
In fact, it can be found in various codes and directives regarding expert evidence. Indeed, Justice Sopinka noted this precise issue in the 1994 R. v. Mohan ruling when he stated, in part, “There is also a concern inherent in the application of this criterion that experts not be permitted to usurp the functions of the trier of fact.”
Read moreBook announcement: Forensic Document Examination in the 21st Century
I am very pleased to have been contributor to a new textbook, Forensic Document Examination in the 21st Century. The text was edited by Jan Seaman Kelly and Miriam Angel and will be published by CRC Press.
My personal contribution is chapter 3 entitled “The Logical Approach to Evidence Evaluation”. The complete list of contributors is impressive and includes Jan Seaman Kelly, Miriam Angel, Brett M.D. Bishop, Rigo Vargas, Mara L. Merlino, Samiah Ibrahim, Lucinda Risi, Lisa M. Hanson, Carolyne Bird, Linda L. Mitchell,
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Human Factors in Forensic Handwriting Examination
One of the projects I had the pleasure to be involved in was the “Expert Working Group for Human Factors in Handwriting Examination”. The WG was convened in 2015 to conduct a scientific assessment of the effects of Human Factors in Forensic Handwriting Examination, with the support of the National Institute of Justice (NIJ) Office of Investigative and Forensic Sciences (OIFS) and the National Institute of Standards and Technology (NIST) Special Programs Office.
It was a lengthy process involving a lot of people drawn from many different domains. The authors of the report included Melissa K. Taylor, Carolyne Bird, Brett Bishop, Ted Burkes, Michael P. Caligiuri, Bryan Found, Wesley P. Grose, Lauren R. Logan, Kenneth E. Melson, Mara L. Merlino, Larry S. Miller, Linton Mohammed, Jonathan Morris, John Paul Osborn, Nikola Osborne, Brent Ostrum, Christopher P. Saunders, Scott A. Shappell, H. David Sheets, Sargur N. Srihari, Reinoud D. Stoel, Thomas W. Vastrick, Heather E. Waltke, and Emily J. Will.
Read moreDavid H. Kaye’s “Forensic Science, Statistics & the Law” Blog
David H. Kaye (DHK) is one of my favourite writers. He is truly prolific and always manages to provide great insights for the reader. His grasp of statistics, logic, and the law is second-to-none, and his ability to communicate those very challenging topics to his audience is equally impressive.
As a mini introduction, David “…is Distinguished Professor, and Weiss Family Scholar in the School of Law, a graduate faculty member of Penn State’s Forensic Science Program, and a Regents’ Professor Emeritus, ASU.” If you would like to see a list of his publications check out http://personal.psu.edu/dhk3/cv/cv_pubs.html
Yes, DHK has written many things on many topics.1 But I would like to focus on his less formal writings from his blog Forensic Science, Statistics & the Law.
Read moreForewarned…
Forewarned is forearmed or, if Latin is your thing, “praemonitus, praemunitus”. So the saying goes and clearly there is great value in knowing what lies ahead for us. If we know what is coming our way we can, in theory, prepare properly for any challenge.
Challenges are nothing new to forensic scientists. Critics routinely point out issues they have with our work. Some of those criticisms are fair and reasonable, others not so much. Much of the critical commentary affects a discipline as a whole demanding an overall, or group, response by members of each discipline. In my experience, disciplines tend to be behind the curve in their responses to critics. Nonetheless, over time some issues have been addressed, at least partially if not completely, through empirical research. Others have not. To be fair, the activities needed to properly address the critics are not trivial and require both time and resources; scarce commodities in modern forensic labs. Overall, things are improving, albeit very slowly.
Criticism takes on a whole new meaning in the context of a court of law. Indeed, I think that criticism is the essence of cross-examination — a fundamental and important aspect of any adversarial justice system. Although essential, it is rarely an enjoyable part of the proceedings for any expert.
Read moreCertification — ABFDE
What is certification? In my opinion, professional certification is a designation that indicates the holder of the certification has appropriate and adequate qualifications to do some particular, generally well-defined, job or task. As an example I am a forensic document examiner and I have received professional certification from the American Board of Forensic Document Examiners, Inc.
An internet search for ‘certification’ produces a huge list of possibilities, with more such programs being developed all the time as people become attuned to issues of quality and competency. Indeed, almost every profession has some type of certification and a few have several (consider all of the ‘certifications’ in the computing industry). Most, if not all, certification programs are aimed at improving the quality in a given profession by setting minimum standards for the job. The basic idea is that someone meeting or exceeding those standards will produce quality output on the job. Certification programs are generally created or are administered by a professional society, a college or university, or some private body set up expressly for that purpose.
Forensic Document Examination is no exception so it may be worthwhile discussing certification options as well as the pros and cons that I see for those options.
Read moreCan of worms…
When someone “opens a can of worms” it usually spells trouble. For many people, that phrase evokes a powerful image of a writhing mess of worms escaping from a previously-sealed, but now opened, can or container. With the result of such action being serious problems for the owner of said can, often problems of an unanticipated or uncertain nature. In the context of our work as Forensic Document Examiners, I sometimes hear this coming up in discussions of how to handle questions on the stand. The advice goes along the lines of ‘keep your answers simple and say as little as possible in order to limit any opportunity for questions from the other side.’
It is suggested that lengthy or complex answers will only lead to more questions and more discussion. The latter are the proverbial “can of worms” that one must strive to avoid opening.
That makes little sense to me.