Alright, I admit, that headline is a bit sensational. The science itself isn’t all bad, it’s how it gets used and the failure of the criminal justice system to be sensible about science that leads to science being misused.
So what’s gone wrong?
Stated conclusions far exceed the reasonable limits of the science. If you haven’t read John Grisham’s The Innocent Man, go buy a copy right now. To be sure, the real story is less about science and more about dishonesty, but in the book (non-fiction) we learn how experts take tentative findings and blow them up into rock-solid evidence. You know what’s really reliable? Most DNA evidence. Beyond that, a lot of forensic science doesn’t so much give answers as it suggests a relationship. These are not the same thing, but forensic scientists, eager to validate their own work and hold offenders accountable, routinely overstate the significance of their findings.
Criminal justice system professionals are ill-equipped to evaluate the merits of the science. Quick: if I told you that my results suggested that this piece of hair was so strangely colored that I would give it a z-score of +4, what would you say to me? A few will know enough to laugh, but on the whole, most people would say, “Um, okay.” And if I made my claim with gusto, you might say, “Wow, that sounds really impressive!” It’s not just that our society has failed to adequately educate its citizens in basic concepts like the scientific method and numeracy, it’s that, by design, the criminal justice system is populated with lawyers. Professional Arguers. Not Professional Examiners of Epistemology and Truth. And juries? Nope, they tend to have even less education than the professionals. So if you’re an expert, you need only sound just sophisticated enough that you make everyone else think you’re the smartest person in the room, and just folksy enough that you can explain your evidence as a story that anyone can believe in.
Credentialing can be paid for rather than earned. You have $500 extra bucks? Lucky you. You can run right out and buy yourself some fancy schmancy forensic examiner credentials. Are there real credentials that are worthwhile and meaningful? Well, shucks, so there are. But in the courtroom, who has time to get into which credentials are believable? Not to mention, even if the lawyers wanted to go down that path, they don’t really have the expertise to figure out whose credentials are bogus and who has bona fides.
The sexy aspects of forensic science encourage adoption without critical analysis. I’ll tell you a secret. Criminal justice professionals like CSI too. All of these television shows have glamorized forensic science to a degree that you start to think that all you have to do is run a fingerprint through AFIS and you’ll be younger, thinner, and with a more symmetrical face. I mean, forensic science is just that sexy, right? And because it’s so cool, has such great cachet, not many people are terribly interested in asking the critical questions. Has this been tested and replicated? Is anyone else using this technique? What kind of probability threshold are you using? How might this technique lead to false results? Whoa, wait, Horatio just put on his sunglasses… nevermind about all that. Can we time the length of his dramatic pause? I want to practice.
So the next time you hear about the latest sexy forensic science technique, don’t be too eager to enter into a willing suspension of disbelief. Be critical. And hope, for everyone’s sake, that criminal justice system professionals will be critical too.
Related articles:
- Convict’s story prompted budget amendment on DNA (timesdispatch.com)
- Yet Another Example of Useless Jury Research (crimedime.com)
- Female Serial Killers Are Not “Lethal Ladies” (crimedime.com)
- Dumbing Up: Writing Forensic Psychology for Dummies (crimedime.com)
- Social Science is Changing How We View Policing (crimedime.com)


arkansastruthseeker
May 17, 2012
Reblogged this on Upside Down.
CrimeDime
May 18, 2012
Thanks for reblogging from CrimeDime!
Louise Behiel
May 17, 2012
I read that many convictions are not happening because the prosecution doesn’t have the forensic evidence we see on CSI…all 3 of them.
CrimeDime
May 18, 2012
Hi Louise, and thanks for adding to the CrimeDime community. I believe you are referring to the so-called CSI effect. You’re right that this idea was started by a survey of prosecutors who felt that this was happening. But subsequent research has shown either that it’s tiny or doesn’t exist. Other research suggests that it’s not so much about failing to get convictions because of lack of evidence, but that fancier evidence is more likely to result in a conviction – if that distinction makes sense. Then again, it’s not as important as you might think given that almost all criminal cases are resolved through plea-bargaining rather than trial.
Louise Behiel
May 18, 2012
interesting. thanks for the info. kind of sad that more cases are solved by a bargain rather than a trial
cricketmuse
May 18, 2012
Thanks for stopping by my “Hammocking” post. I’m looking forward to reading Mark Bertrand’s next book in his crime series. Last one was Pattern of Wounds. Are you familiar with his writing?
Happy Pages,
CricketMuse
CrimeCents
May 20, 2012
Hammock + crime fiction = win every time. No, I’m not familiar with this writing, I’ll have to look into it.
investigator25
May 19, 2012
Reblogged this on JUSTICE FOR RAYMOND and commented:
More thoughts on the legal system in USA.
CrimeCents
May 20, 2012
Thanks for reblogging this, investigator25!
consciousquared
May 19, 2012
Lol…run a fingerprint through AFIS and you’ll be younger, thinner, and with a more symmetrical face.
Imelda Evans
May 19, 2012
I nominated you for the Versatile Blogger Award! Have a look! http://imeldaevans.wordpress.com/2012/05/20/id-like-to-thank-the-academy/
CrimeCents
May 20, 2012
Thanks, Imelda! Aww, you made us blush.