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in. The Changing Paradigm. Forensic. by Dr David Klatzow. Science. Justicia (aka “Lady Justice”). Janós Blaschke,  The Goddess Themis , 1786. Is this what we h ave become?. “The surest way

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The changing paradigm

in

The Changing Paradigm

Forensic

by Dr David Klatzow

Science


Justicia

(aka “Lady Justice”)

Janós Blaschke, The Goddess Themis, 1786


Is this what we

have become?


“The surest way

to corrupt a youth is to instruct him to holdin higher ESTEEMthose who think alikethan those who think differently.”

  • FriederichNietzche


What is an Expert?

See Davie v Edinburgh Magistrates, 1953

SC 34 of 40 quoted in Phipson on Evidence

13th Edition at 574


What is an Expert?

Also Maritime & General Insurance Company v

Sky Unit Engineering

1989 (1) SA 867


The Mayfield Print

www.forejustice.org


Agent Massey:

  • “I’ll preach fingerprints till I die.

  • They are infallible.”

Chicago Tribune, 17 Oct 2004



The Birmingham 6

and the Maguires

  • Frank Skuze

  • The Griess Test

  • Police Confessions?


Bullet Identification

  • Bullet Lead ID

  • Striations

    Up to 25% of matching striations

    can be by chance alone





Strengthening

Forensic Science


Forensic Science

is vulnerable to

contextual and

confirmational bias

I Dror et al Forensic Science International,

2006, 156: 74,77


Forensic Science is hindered by:

  • Multiple levels of educational requirements\

  • Different professional cultures within the field

  • Reliance on apprentice-type training and a guild-like structure of each discipline

Strengthening Forensic Science, pg 87


Research by Dror

et al has shown that:

…experienced fingerprint examiners

do not necessarily agree with their

own past conclusions when the

examination is presented later in a

different context.


Shoe Prints and

Tyre Tracks…

…are largely subjective.


National Academies Report Ballistic Imaging:

…observed that validity of fundamental assumptions of uniqueness and reproducibility has not yet been fully demonstrated.


Hair

  • Gaudette : 1 in 4 500

  • Local less features : 1 in 4 500


Fires

Many of the rules of thumb used to indicate

accelerant are simply not true.


The Statistics:

MJ Saks & JJ Koehler


What’s To Be Done?

  • Forensic science should not function in a police and prosecutorial environment

  • State and defence experts should meet to draft a joint expert minute prior to a trial

  • Slugging it out in court should be a thing of the past

  • There is a need for proper academic training of forensic scientists

  • A research culture needs to be fostered.


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