A Seeded Sample of Concealed-Carry Permit Holders

A pilot study using a seeded sample finds that gun-carrying and permit holding are accurately reported by concealed-carry permit holders. This is consistent with the findings of past validation studies of gun ownership. Moreover, the similarity in gun uses across the seeded and cross-section samples indicates that both collect consistent data.     

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.     

HIGH‐CONFLICT CONTACT DISPUTES: EVIDENCE OF THE EXTREME UNRELIABILITY OF SOME CHILDREN'S ASCERTAINABLE WISHES AND FEELINGS

This article challenges an increasing orthodoxy regarding the weight which courts might place upon the expressed views of children in a specific situation—high‐conflict contact disputes. I am a child psychiatrist who acts as an expert witness within the family courts of England & Wales. I have conducted a statistical analysis of cases in which I have conducted assessments of children caught in such disputes between their separated parents. Fifty‐eight children met the criteria for inclusion in the study—the child's consistent opposition to contact with the non resident parent (NRP), despite the court having determined that there was no good reason to constrain contact. My assessment routinely included attempted observation of the child at a visit with the NRP. Despite their stated views most children had a positive experience in those visits that took place, and despite the fact that most had not seen the NRP for a long time. Overall there was a statistical association between increased resistance to contact and the greater age of the child and the longer the time during which no contact had occurred. However, the responses of children and young people were unpredictable and it was impossible to conclude that apparent maturity or intelligence was a guide to the reliability of their expressed resistance. The possible reasons for this unreliability are discussed. I emphasize that my sample of children is unusual as many of the cases had involved serious, though unfounded, allegations of abuse. In addition most of the children showed indications of having become “alienated” from the NRP. I conclude that courts might exercise caution when evaluating the views of children and young people in this situation, and emphasises that assessors should consider including at least one observation of the child at a prolonged visit to the NRP. Because of the new orthodoxy some parents may be tempted to misuse their child's right to a “voice” in court in order to achieve their own ends. Practitioners who advise courts may need to be more aware of these difficulties.     

Weakening forensic science in Spain: from expert evidence to documentary evidence

An amendment in 2002 to the Spanish Code of Criminal Procedure converted into documentary evidence the expert reports prepared by official laboratories aimed at determining the nature, weight, and purity of seized drugs. In most cases, experts are spared from appearance before the courts. This is likely to be extended to other forensic fields. After an overview of criminalistic identification in current forensic science, the objectivity and reliability concepts used by jurists and scientists are considered by comparing the paradigm of individualization with that of likelihood. Subsequently, a detailed critical study is made on the above-mentioned Spanish legal reform, and a comparison is made with the decision on the Melendez-Diaz v. Massachusetts case as ruled by the Supreme Court of the United States. Although the reform is in compliance with the Spanish Constitution, it is at odds with science, in particular regarding the logic underpinning the scientific evaluation of evidence.     

指印检验新方面

100多年来指印鉴定一直是犯罪侦查最有效的个体识别手段,在物证鉴定领域占据重要地位,上世纪80~90年代指印检验技术研究的重要进步更是使指印物证技术应用达到一个新的水平。最近几年指印技术研究又取得许多新进展和突破,特别是在指印显现技术和指印纹线物质成分分析方面开创了新方法和新方向,形成指印物证应用新体系,但同时在指印鉴定结论可靠性方面也出现新争议。     

RULEMAKING POSSIBILITIES: EFFORTS OF THE UNITED STATES JUDICIAL CONFERENCE ADVISORY COMMITTEE ON EVIDENCE RULES TO ADDRESS THE CHALLENGES TO FORENSIC EXPERT TESTIMONY

This piece is an echo to one of the main subjects of the Sixth International Conference on Evidence Law and Forensic Science which is to determine what evidentiary reforms are necessary for regulating forensic expert testimony, and how those reforms might be implemented. In United States, the predominant way of evidentiary reform is through rulemaking. As the Reporter of Judicial Conference Advisory Committee on the Federal Rules of Evidence since 1996, the author, with a pragmatic spirit throughout the article, examines such an effort at the federal level of U.S. in six parts (levels), starting from the most general, abstract level till finishing with the most detailed and substantive points. Part I begins with a brief introduction of the hierarchies of evidentiary rulemaking authorities at the federal level of the United States, various interested groups and their interesting interactions in the rulemaking process. The author then shifts to the general topic of writing rules with a specific focus on the level of detail that is to be provided in doing so; Part II further narrows down the scrutiny into writing a rule on forensic expert testimony with an emphasis on the necessity of making such a rule change to the current general standards of FRE; Part III directly addresses the challenges of drafting a rule on forensic evidence in FRE, including a comparation of various alternative drafting models; Part IV and Part V respectively discusses the Reporter’s comments and the Justice Department’s concerns over the drafted rules; and Part VI briefly discusses the feasibility and effectiveness of a Best Practices Manual on forensic evidence in lieu of rulemaking.     

The Griffiths Question Map: A Forensic Tool For Expert Witnesses’ Assessments of Witnesses and Victims’ Statements

Expert witnesses are sometimes asked to assess the reliability of young witnesses and victims’ statements because of their high susceptibility to memory biases. This technical note aims to highlight the relevance of the Griffiths Question Map (GQM) as a professional forensic tool to improve expert witnesses’ assessments of young witnesses and victims’ testimonies. To do so, this innovative question type assessment grid was used to proceed to an in‐depth analysis of the interview of an alleged 13‐year‐old victim of a sexual assault and two rapes. Overall, the GQM stressed how the interview was mainly conducted in an inappropriate manner. The results are examined with regard to scientific knowledge on young witnesses and victims’ memory. Finally, it is argued that expert witnesses in inquisitorial systems might use the GQM while encountering difficulties to fulfill the legal standards for expert evidence in adversarial systems because of the lack of studies regarding its reliability.     

Accuracy of comparison decisions by forensic firearms examiners

This black box study assessed the performance of forensic firearms examiners in the United States. It involved three different types of firearms and 173 volunteers who performed a total of 8640 comparisons of both bullets and cartridge cases. The overall false-positive error rate was estimated as 0.656% and 0.933% for bullets and cartridge cases, respectively, while the rate of false negatives was estimated as 2.87% and 1.87% for bullets and cartridge cases, respectively. The majority of errors were made by a limited number of examiners. Because chi-square tests of independence strongly suggest that error probabilities are not the same for each examiner, these are maximum-likelihood estimates based on the beta-binomial probability model and do not depend on an assumption of equal examiner-specific error rates. Corresponding 95% confidence intervals are (0.305%, 1.42%) and (0.548%, 1.57%) for false positives for bullets and cartridge cases, respectively, and (1.89%, 4.26%) and (1.16%, 2.99%) for false negatives for bullets and cartridge cases, respectively. The results of this study are consistent with prior studies, despite its comprehensive design and challenging specimens.     

Preliminary Development of the Student Perceptions of School Safety Officers Scale

Research suggests that the safer students feel at school, the more likely they are to feel connected and able to focus on learning. Thus, measuring students’ experiences with a school safety officer (SSO) is essential to understand the connection between officer engagement and students’ safety. This study’s purpose was to evaluate a SSO scale among 1,065 adolescents. Results suggest the SSO scale displayed excellent internal consistency estimates, construct validity via factor analysis, convergent validity with the School Climate Measure, discriminant validity with key demographic variables, and known-groups validity among students who reported fighting at school. Positive perceptions of SSOs also significantly increased with frequency of contact. The SSO scale is a preliminarily valid measure, potentially useful in research, screenings, and/or evaluation efforts to improve student engagement with SSOs.