Forensic identification science evidence since Daubert: Part II--judicial reasoning in decisions to exclude forensic identification evidence on grounds of reliability

Many studies regarding the legal status of forensic science have relied on the U.S. Supreme Court's mandate in Daubert v. Merrell Dow Pharmaceuticals Inc., and its progeny in order to make subsequent recommendations or rebuttals. This paper focuses on a more pragmatic approach to analyzing forensic science's immediate deficiencies by considering a qualitative analysis of actual judicial reasoning where forensic identification evidence has been excluded on reliability grounds since the Daubert precedent. Reliance on general acceptance is becoming insufficient as proof of the admissibility of forensic evidence. The citation of unfounded statistics, error rates and certainties, a failure to document the analytical process or follow standardized procedures, and the existence of observe bias represent some of the concerns that have lead to the exclusion or limitation of forensic identification evidence. Analysis of these reasons may serve to refocus forensic practitioners' testimony, resources, and research toward rectifying shortfalls in these areas.     

Watch for those fragments of evidence: the use of an automatic timepiece to help correlate a helicopter crash site from the Vietnam War

This case study illustrates the use of the date function on an automatic wristwatch to help identify a Vietnam War helicopter crash site. The location of a crash incident can sometimes be uncertain because of inadequate or inaccurate wartime records and the passage of time. Artifacts recovered from a prospective crash scene are regularly used to correlate the loss incident. In this case study, a recovered automatic watch displayed a date 2 days later than the reported loss incident. Although the date conflicts with the aircraft crash incident report, it is observed that a fully wound automatic watch continues to work for c. 2 days after movement of the watch ceases. Thus, the watch's date in fact correlates with the aircraft crash incident report. It is noted that automatic watches may also be used to date scenes of crime.