The Use and Misuse of Forensic Evidence in Criminal Prosecution

• In Event: Police, Prosecution, and Corrections: Issues in California’s Criminal Justice System

Abstract

Criminal prosecutions frequently rely on forensic evidence in linking a particular person, weapon, or other object to a crime. Media reports and popular culture representations create the impression that the methods used in forensic investigations are scientifically valid and reliable. However, a congressionally mandated report from the National Research Council (2009) finds serious deficiencies in the nation’s forensic science system. According to the report, with the exception of nuclear DNA analysis, no forensic method has been rigorously shown able to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source. Using a series of case studies, this study will illustrate the danger of using pseudoscientific methods in generating forensic evidence for criminal prosecution. Policy implications and recommendations will also be discussed.

Author

• Bailey Wockner, Sonoma State University