A Plan for Reform
There is growing consensus that action is needed to ensure accuracy and reliability in forensic sciences used in the American criminal justiuce system. The 2009 National Academy of Sciences report, Strengthening Forensic Science in the United States: A Path Forward, outlines a path to forensic reform that is gaining the support of scientists, legal experts, criminal justice reform advocates and academics. The report’s primary recommendation is the creation of an independent science-based forensic entity that directs and funds research in forensic sciences, sets standards and enforces those standards.
Unvalidated or improper forensic science is the second greatest contributor to wrongful convictions later overturned through DNA testing. Most forensic disciplines have not been subjected to the rigor of scientific evaluation; as a result, they have not benefited from the integrity and reliability imposed by consistent assessment and development. Significant change is needed to ensure that our criminal justice system relies on strong and well-supported forensic sciences to correctly identify perpetrators of crime.
To improve the accuracy of forensics, the Just Science Coalition is calling for the creation of an Office of Forensic Science Improvement and Support (OFSIS) within the Department of Commerce. This modest office would direct and coordinate with existing government entities to reduce undue duplication in existing government activity. It would solicit the input, at every stage, of affected stakeholders, including representatives of Federal, State, and local law enforcement, prosecutors, crime laboratories, the judiciary and the defense bar. Their advice would help define the Office’s agenda for research and standards; the mechanisms for mandatory accreditation of crime labs and certification of practitioners; and, ultimately, compliance. These coordinating activities will be managed by OFSIS while retaining the overarching theme of the NAS report: that basic and applied research and standards be nonpartisan, independent and grounded in the best traditions of the scientific method.
What Should Forensic Science Reform Look Like?
Assessment of validity and reliability
The federal government should establish a science-based federal entity or agency, the Office of Forensic Science Improvement and Support (OFSIS), to review both existing and new techniques, devices and assays to determine the extent to which they are scientifically valid and reliable for use in the criminal justice system.
OFSIS should have compliance authority to ensure the discontinuation of invalid or unreliable methods.
Research
OFSIS would coordinate with the National Science Foundation to fund both basic and applied research to test the validity and reliability of extant forensic methods, devices and assays; and to support the development of new technologies to solve crime.
In conjunction with the National Institute of Standards and Technology, standard setting to ensure the for reliable application of forensic science disciplines in criminal cases (e.g. match criteria) and to ensure the use of forensics within prescribed parameters, will be conducted based on the resulting research.
Quality assurance, accreditation and certification
OFSIS should promulgate enforceable standards for public and private laboratories, as well as for individual professionals, that conduct forensic tests and examinations intended for use in courts.
Quality controls and quality assurance programs should be established to secure the integrity of the ultimate forensic product in laboratories and in courts. This should include (but not be limited to) validation of devices for particular labs; written protocols and procedures; minimum qualifications, staff training and proficiency testing for personnel; and parameters for data interpretation, report writing and testimony.
Accreditation of public and private laboratories and certification of forensic practitioners would be directed by the Department of Justice using, when appropriate, existing accrediting and certifying bodies.
Training
OFSIS should support comprehensive training and professional development in the forensic science field in order to build the capacity for research and quality assurance, and to bring current and new forensic science personnel into compliance with established qualifications and standards.
Oversight
The Director of the new federal forensic entity, in consultation with science-based federal government agencies, should appoint a Forensic Science National Commission composed of science professionals to set broad research priorities and to promulgate forensic science standards.
The Director of OFSIS, in consultation with science and criminal justice-based federal government agencies, should also appoint an Advisory Committee to provide input to the Commission and OFSIS with regard to its various responsibilities.
Visit the NAS Report page to learn more about the committee’s recommendations or take action today to support the creation of the Office of Forensic Science Improvement and Support
