In 1993, the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., laid out a new test for federal trial judges to use when determining the admissibility of expert testimony. In Daubert, the Court ruled that judges should act as gatekeepers, assessing the reliability of the scientific methodology and reasoning that supports expert testimony. The resulting judicial screening of expert testimony has been particularly consequential. While the Supreme Court sought to bring better science into the courtroom, questions remain about whether the lower courts' application of Daubert accords with scientific practices. This report summarizes discussions held by an ad hoc committee of the The National Academies to consider the impact of Daubert and subsequent Supreme Court opinions and to identify questions for future study.
Biometricsâ€"the use of physiological and behavioral characteristics for identification purposesâ€"has been promoted as a way to enhance security and identification efficiency. There are questions, however, about, among other issues, the effectiveness of biometric security measures, usability, and the social impacts of biometric technologies. To address these and other important questions, the NRC was asked by DARPA, the DHS, and the CIA to undertake a comprehensive assessment of biometrics that examines current capabilities, future possibilities, and the role of the government in their developments. As a first step, a workshop was held at which a variety of views about biometric technologies and systems were presented. This report presents a summary of the workshop's five panels: scientific and technical challenges; measurement, statistics, testing, and evaluation; legislative, policy, human, and cultural factors; scenarios and applications; and technical and policy aspects of information sharing. The results of this workshop coupled with other information will form the basis of the study's final report.
The Reference Manual on Scientific Evidence, Third Edition, assists judges in managing cases involving complex scientific and technical evidence by describing the basic tenets of key scientific fields from which legal evidence is typically derived and by providing examples of cases in which that evidence has been used. First published in 1994 by the Federal Judicial Center, the Reference Manual on Scientific Evidence has been relied upon in the legal and academic communities and is often cited by various courts and others. Judges faced with disputes over the admissibility of scientific and technical evidence refer to the manual to help them better understand and evaluate the relevance, reliability and usefulness of the evidence being proffered. The manual is not intended to tell judges what is good science and what is not. Instead, it serves to help judges identify issues on which experts are likely to differ and to guide the inquiry of the court in seeking an informed resolution of the conflict. The core of the manual consists of a series of chapters (reference guides) on various scientific topics, each authored by an expert in that field. The topics have been chosen by an oversight committee because of their complexity and frequency in litigation. Each chapter is intended to provide a general overview of the topic in lay terms, identifying issues that will be useful to judges and others in the legal profession. They are written for a non-technical audience and are not intended as exhaustive presentations of the topic. Rather, the chapters seek to provide judges with the basic information in an area of science, to allow them to have an informed conversation with the experts and attorneys.
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Ballistic Imaging assesses the state of computer-based imaging technology in forensic firearms identification. The book evaluates the current law enforcement database of images of crime-related cartridge cases and bullets and recommends ways to improve the usefulness of the technology for suggesting leads in criminal investigations. It also advises against the construction of a national reference database that would include images from test-fires of every newly manufactured or imported firearm in the United States. The book also suggests further research on an alternate method for generating an investigative lead to the location where a gun was first sold: "microstamping," the direct imprinting of unique identifiers on firearm parts or ammunition.
Biometric recognition-the automated recognition of individuals based on their behavioral and biological characteristic-is promoted as a way to help identify terrorists, provide better control of access to physical facilities and financial accounts, and increase the efficiency of access to services and their utilization. Biometric recognition has been applied to identification of criminals, patient tracking in medical informatics, and the personalization of social services, among other things. In spite of substantial effort, however, there remain unresolved questions about the effectiveness and management of systems for biometric recognition, as well as the appropriateness and societal impact of their use. Moreover, the general public has been exposed to biometrics largely as high-technology gadgets in spy thrillers or as fear-instilling instruments of state or corporate surveillance in speculative fiction. Now, as biometric technologies appear poised for broader use, increased concerns about national security and the tracking of individuals as they cross borders have caused passports, visas, and border-crossing records to be linked to biometric data. A focus on fighting insurgencies and terrorism has led to the military deployment of biometric tools to enable recognition of individuals as friend or foe. Commercially, finger-imaging sensors, whose cost and physical size have been reduced, now appear on many laptop personal computers, handheld devices, mobile phones, and other consumer devices. Biometric Recognition: Challenges and Opportunities addresses the issues surrounding broader implementation of this technology, making two main points: first, biometric recognition systems are incredibly complex, and need to be addressed as such. Second, biometric recognition is an inherently probabilistic endeavor. Consequently, even when the technology and the system in which it is embedded are behaving as designed, there is inevitable uncertainty and risk of error. This book elaborates on these themes in detail to provide policy makers, developers, and researchers a comprehensive assessment of biometric recognition that examines current capabilities, future possibilities, and the role of government in technology and system development.
Although the Standards in this volume are considered part of the set of Third Edition ABA Criminal Justice Standards, the earlier editions did not include standards on DNA evidence. Therefore, the Standards included here are the first ABA Criminal Justice Standards on DNA Evidence."--Page iii.
The intelligence community (IC) plays an essential role in the national security of the United States. Decision makers rely on IC analyses and predictions to reduce uncertainty and to provide warnings about everything from international diplomatic relations to overseas conflicts. In today's complex and rapidly changing world, it is more important than ever that analytic products be accurate and timely. Recognizing that need, the IC has been actively seeking ways to improve its performance and expand its capabilities. In 2008, the Office of the Director of National Intelligence (ODNI) asked the National Research Council (NRC) to establish a committee to synthesize and assess evidence from the behavioral and social sciences relevant to analytic methods and their potential application for the U.S. intelligence community. In Intelligence Analysis for Tomorrow: Advances from the Behavioral and Social Sciences, the NRC offers the Director of National Intelligence (DNI) recommendations to address many of the IC's challenges. Intelligence Analysis for Tomorrow asserts that one of the most important things that the IC can learn from the behavioral and social sciences is how to characterize and evaluate its analytic assumptions, methods, technologies, and management practices. Behavioral and social scientific knowledge can help the IC to understand and improve all phases of the analytic cycle: how to recruit, select, train, and motivate analysts; how to master and deploy the most suitable analytic methods; how to organize the day-to-day work of analysts, as individuals and teams; and how to communicate with its customers. The report makes five broad recommendations which offer practical ways to apply the behavioral and social sciences, which will bring the IC substantial immediate and longer-term benefits with modest costs and minimal disruption.
Since the 1960s, testimony by representatives of the Federal Bureau of Investigation in thousands of criminal cases has relied on evidence from Compositional Analysis of Bullet Lead (CABL), a forensic technique that compares the elemental composition of bullets found at a crime scene to the elemental composition of bullets found in a suspect's possession. Different from ballistics techniques that compare striations on the barrel of a gun to those on a recovered bullet, CABL is used when no gun is recovered or when bullets are too small or mangled to observe striations. Forensic Analysis: Weighing Bullet Lead Evidence assesses the scientific validity of CABL, finding that the FBI should use a different statistical analysis for the technique and that, given variations in bullet manufacturing processes, expert witnesses should make clear the very limited conclusions that CABL results can support. The report also recommends that the FBI take additional measures to ensure the validity of CABL results, which include improving documentation, publishing details, and improving on training and oversight.
Technological advances in noninvasive neuroimaging, neurophysiology, genome sequencing, and other methods together with rapid progress in computational and statistical methods and data storage have facilitated large-scale collection of human genomic, cognitive, behavioral, and brain-based data. The rapid development of neurotechnologies and associated databases has been mirrored by an increase in attempts to introduce neuroscience and behavioral genetic evidence into legal proceedings. In March 2018, the National Academies of Science, Engineering and Medicine organized a workshop in order to explore the current uses of neuroscience and bring stakeholders from neuroscience and legal societies together in both the United Kingdom and the United States. Participants worked together to advance an understanding of neurotechnologies that could impact the legal system and the state of readiness to consider these technologies and where appropriate, to integrate them into the legal system. This publication summarizes the presentations and discussions from the workshop.
In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€"modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€"and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.
Less than a month after the September 11, 2001 attacks, letters containing spores of anthrax bacteria (Bacillus anthracis, or B. anthracis) were sent through the U.S. mail. Between October 4 and November 20, 2001, 22 individuals developed anthrax; 5 of the cases were fatal. During its investigation of the anthrax mailings, the FBI worked with other federal agencies to coordinate and conduct scientific analyses of the anthrax letter spore powders, environmental samples, clinical samples, and samples collected from laboratories that might have been the source of the letter-associated spores. The agency relied on external experts, including some who had developed tests to differentiate among strains of B. anthracis. In 2008, seven years into the investigation, the FBI asked the National Research Council (NRC) of the National Academy of Sciences (NAS) to conduct an independent review of the scientific approaches used during the investigation of the 2001 B. anthracis mailings. Review of the Scientific Approaches Used During the FBI's Investigation of the Anthrax Letters evaluates the scientific foundation for the techniques used by the FBI to determine whether these techniques met appropriate standards for scientific reliability and for use in forensic validation, and whether the FBI reached appropriate scientific conclusions from its use of these techniques. This report reviews and assesses scientific evidence considered in connection with the 2001 Bacillus anthracis mailings.
An estimated 48 percent of the population takes at least one prescription drug in a given month. Drugs provide great benefits to society by saving or improving lives. Many drugs are also associated with side effects or adverse events, some serious and some discovered only after the drug is on the market. The discovery of new adverse events in the postmarketing setting is part of the normal natural history of approved drugs, and timely identification and warning about drug risks are central to the mission of the Food and Drug Administration (FDA). Not all risks associated with a drug are known at the time of approval, because safety data are collected from studies that involve a relatively small number of human subjects during a relatively short period. Written in response to a request by the FDA, Ethical and Scientific Issues in Studying the Safety of Approved Drugs discusses ethical and informed consent issues in conducting studies in the postmarketing setting. It evaluates the strengths and weaknesses of various approaches to generate evidence about safety questions, and makes recommendations for appropriate followup studies and randomized clinical trials. The book provides guidance to the FDA on how it should factor in different kinds of evidence in its regulatory decisions. Ethical and Scientific Issues in Studying the Safety of Approved Drugs will be of interest to the pharmaceutical industry, patient advocates, researchers, and consumer groups.
This report indicates that the oversight of research integrity in the UK is unsatisfactory. The Science and Technology Committee concludes that in order to allow others to repeat and build on experiments, researchers should aim for the gold standard of making their data fully disclosed and made publicly available. The report examines the current peer-review system as used in scientific publications and the related issues of research impact, data management, publication ethics and research integrity. The UK does not seem to have an oversight body for research integrity covering advice and assurance functions across all disciplines and the Committee recommends the creation of an external regulator. It also says all UK research institutions should have a specific member of staff leading on research integrity. The report highlights concerns about the use of journal Impact Factor as a proxy measure for the quality of research or of individual articles. Innovative ways to improve current pre-publication peer-review practices are highlighted in the report, including the use of pre-print servers, open peer review, increased transparency and online repository-style journals. The growth of post-publication peer review and commentary also represents an enormous opportunity for experimentation with new media and social networking tools, which the Committee encourages. There should also be greater recognition of the work-sometimes considered to be a burden-carried out by reviewers, by both publishers and employers. In order to do this, publishers need to have in place systems for recording and acknowledging the contribution of those involved in peer review.
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