White House Forencis Report (Full Version)

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KenDckey -> White House Forencis Report (9/3/2016 4:04:28 AM)

http://www.latimes.com/nation/la-na-council-forensic-evidence-20160831-snap-story.html

quote:

Forensic analysis commonly used to link guns, blood, bite marks and shoe prints to criminal suspects is not based on sound science, and judges should be careful about admitting such evidence in court, according to a draft report by a presidential commission.

The report by the President’s Council of Advisors on Science and Technology is especially critical of subjective testimony by experts linking evidence collected at crime scenes to specific people or things, in particular bite marks to a suspect’s teeth or shoe impressions to specific footwear.

In what is likely to be its most controversial finding, the report states that analysis linking firearms to bullets and shell casings “falls short” of scientific standards for admission as evidence. If judges permit such testimony, the report says, they should tell jurors that error rates by firearms examiners are higher than would be expected.

The report also calls into question DNA analysis of “complex” mixtures of human fluid, such as those from puddles of blood from multiple people, saying such tests fail to meet rigorous scientific standards. It found that more straight-forward DNA and fingerprint comparisons met scientific standards, however.


Should we go back and reopen every case that Doesn't meet White House Standards of evidence?




Lucylastic -> RE: White House Forencis Report (9/3/2016 5:22:53 AM)

If it is in question in a criminal trial yes.
or would you I prefer to say, no, innocent people should be kept in jail over shoddy investigations.
devils advocate again.




DesideriScuri -> RE: White House Forencis Report (9/3/2016 7:07:45 AM)

quote:

ORIGINAL: Lucylastic
If it is in question in a criminal trial yes.
or would you I prefer to say, no, innocent people should be kept in jail over shoddy investigations.
devils advocate again.


That doesn't mean they got it wrong, Lucy. If a person was convicted because the final "evidence" that brought everything together came from the methods that are being called into question, How many would be free due to a technicality?

How many people were accurately found guilty that might be loosed to the street over this questionable evidence? Would we have to rehear all those trials?




Lucylastic -> RE: White House Forencis Report (9/3/2016 7:27:38 AM)

I understand that I see both sides.
Hence the devils advocate comment.
There are far more "criminals" on the street than there are locked up




dcnovice -> RE: White House Forencis Report (9/3/2016 7:37:28 AM)

quote:

If a person was convicted because the final "evidence" that brought everything together came from the methods that are being called into question, How many would be free due to a technicality?

Hmm.

I'm not sure I'd describe the reliability of evidence used to convict someone as a "technicality."




WhoreMods -> RE: White House Forencis Report (9/3/2016 7:44:32 AM)

Myself, I find the (unspoken, but pretty blatant) supposition that if a politician some of the posters in this thread doesn't like has been exonerated of something, than it's at best a miscarriage of justice over a technicality and more likely evidence of institutionalised corruption a lot more interesting than abstract moral musing arising from the attempt to make this look like a generic rather than a specific complaint.




MrRodgers -> RE: White House Forencis Report (9/3/2016 8:08:08 AM)

The most important area would be in capital crimes and reviews of any case where the convicted is on death row. We must do everything science offers...to get those right.

In the final analysis, it is truly up to the judge to correctly set the jury straight and then for the jury to seriously deliberate...to do the best they possibly can get it right.




CreativeDominant -> RE: White House Forencis Report (9/3/2016 9:19:31 AM)

Interesting that the Justice Department, helmed by the President's appointees, doesn't agree with the President's advisory council:
Though advisory, the report — which could have broad implications throughout the the American court system — has already met stiff resistance from Justice Department officials concerned it is being produced by a group that has little understanding of forensic science and has no forensic scientists as members, according to current and former U.S. law enforcement officials.

The officials said they were particularly irked that the group was calling into question firearms evidence, which has long been considered grounded in science by judges and appeals courts.

“While there is always a place for continued review of forensic science, the department continues to support the long-standing and accepted basis for admitting reliable evidence during criminal trials," a Justice Department spokeswoman said.




KenDckey -> RE: White House Forencis Report (9/3/2016 9:23:04 AM)

Like Lucy, I can see more than one side. The guy in his 80's that was convicted at 19 of killing someone by knife with other evidence present but because the knife alone is possibly tainted and this person has not completed his 40 quarters to qualify for SSA be retried and set free solely because the knife was tainted, even tho the science at the time was accepted. He can't draw SSA. He can file suit for damages, but I have doubts on his ability to get them. What do we do with him other than make him homeless?

At the same time all the other collective evidence shows him to be guilty and the witnesses are dead and maybe even the evidence was ultimately destroyed (whether intentional or not).

If the person is innocent, yes, set him free. If the person isn't keep him incarcerated. Science changes. It evolves. What is true today, will not necessarily be true tomorrow. Is a real can of worms.




dcnovice -> RE: White House Forencis Report (9/3/2016 9:35:42 AM)

FR

The WSJ covered this as well.

http://www.wsj.com/articles/presidential-advisory-council-questions-validity-of-forensics-in-criminal-trials-1472720405




ThatDizzyChick -> RE: White House Forencis Report (9/3/2016 12:21:23 PM)

That really depends on the qualifications of the members of the advisory council nd the methods they used to reach their conclusions. It also depends on the reasons the forensic evidence is considered imprecise. If it is due to shoddy lab work, then yeah, they need to be looked into.




KenDckey -> RE: White House Forencis Report (9/3/2016 2:07:30 PM)


quote:

ORIGINAL: ThatDizzyChick

That really depends on the qualifications of the members of the advisory council nd the methods they used to reach their conclusions. It also depends on the reasons the forensic evidence is considered imprecise. If it is due to shoddy lab work, then yeah, they need to be looked into.

Just because it comes from the White House, the highest criminal pardoning authority in the US, it doesn't really matter. All they need to say is Johnny got a bad forensic conviction pardon him and it will probably happen. Since they have declared that basically gun evidence is tainted then all those convicted for gun related offences can now be pardoned and so on. Can of worms.




Termyn8or -> RE: White House Forencis Report (9/3/2016 2:38:07 PM)

FR

Solving crimes doesn't pay. Locking up the innocent and letting the guilty free supports two big parts of the budget and supports those jobs.

If there was zero crime, how much of a police budget would you support ?

T^T




Termyn8or -> RE: White House Forencis Report (9/3/2016 2:42:37 PM)

And about that, the way they investigate is a real hoot. They figure out who they think did it and build a case against that one person, ignoring evidence against any others and also ignoring any evidence that their prime suspect is innocent. They also withold this illegally when the defense attorney files for discovery.

Seems to keep them in business.

T^T




BamaD -> RE: White House Forencis Report (9/3/2016 3:40:49 PM)


quote:

ORIGINAL: KenDckey

http://www.latimes.com/nation/la-na-council-forensic-evidence-20160831-snap-story.html

quote:

Forensic analysis commonly used to link guns, blood, bite marks and shoe prints to criminal suspects is not based on sound science, and judges should be careful about admitting such evidence in court, according to a draft report by a presidential commission.

The report by the President’s Council of Advisors on Science and Technology is especially critical of subjective testimony by experts linking evidence collected at crime scenes to specific people or things, in particular bite marks to a suspect’s teeth or shoe impressions to specific footwear.

In what is likely to be its most controversial finding, the report states that analysis linking firearms to bullets and shell casings “falls short” of scientific standards for admission as evidence. If judges permit such testimony, the report says, they should tell jurors that error rates by firearms examiners are higher than would be expected.

The report also calls into question DNA analysis of “complex” mixtures of human fluid, such as those from puddles of blood from multiple people, saying such tests fail to meet rigorous scientific standards. It found that more straight-forward DNA and fingerprint comparisons met scientific standards, however.


Should we go back and reopen every case that Doesn't meet White House Standards of evidence?

What about the people who have been cleared by old DNA evidence? Doeasn't this bring their innocence into question?




Termyn8or -> RE: White House Forencis Report (9/3/2016 4:50:39 PM)

It is all in question. The just us system operates to keep the jails full. They do not care if you are innocent or guilty. A few years ago a juvenile court judge was convicted for taking a kickback for every kid he sent there. JUVENILE COURT. How many lives did he wreck ? He should have been executed because that is a violayion of trust. That is why China executed their "FDA" head for taking a bribe from a drug company and seven people died. Here they get a fucking bonus if only seven people die, or even if they do.

The judge who sold those kids to the DH, you would imagine being a judge he would have adequate legal counsel. And the guy in China, he was a PUBLIC OFFICIAL. I thought they could do no wrong, I thought they just rolled over people with steam rollers n shit. Burn their grass hut because they don''t support that particular commisar. Torture them, no trials at all. Is that what you heard ?

Well I heard something else. I would not move there but they painted a picture that is not how it is. If they were a little better at it you would think that in Russia they are all watching black and white tube TVs. Hey, they now probably have better than us. Those 2Ks n shit. At least of those who want them.

They have trials, but it is that procedure and its rules in question here. But so are ours. Canada has "in camera" which actually means exactly the opposite of what it seems to say. It means a secret trial. In the US they have gag orders which is pretty much the same thing.

In the US, the biggest power the judge has is to exclude evidence. If you want to beat that you need to get affidavits and file them with the clerk of courts but do it at the last minute. Bring the certified copies. Don't make them an exhibit until it is time. This is tricky shit but it can be done. Reading documents and disallowing them looks very bad to a jury.

All if this is dangerous because you antagonize the court. They want their power absolute. Try bringing up jury nullification. I'll tell you how to do it in a subtle way.

"You have the right to acquit the defendant if you feel he has not committed a crime, no matter what the statute says". No lawyer will do that.

Like for example they catch a guy with two nickel bags and charge him with trafficking, when he explains that this is how his guy sells it. The prosecutor generally has the decision to allow for lesser convictions or not. They have lost some notable cases by not allowing for lesser convictions. Don't allow the jury to convict of a misdemeanor instead of fucking this guy's life for a half ounce of pot ? Who would not vote to acquit ? If that is your only choice other than to fuck this guy's life all up, and he wass otherwise alright let's say, going to school, working, whatever. No record.

What would you do ?

T^T




KenDckey -> RE: White House Forencis Report (9/4/2016 12:26:18 AM)


quote:

ORIGINAL: Termyn8or

FR

Solving crimes doesn't pay. Locking up the innocent and letting the guilty free supports two big parts of the budget and supports those jobs.

If there was zero crime, how much of a police budget would you support ?

T^T


Utopia? We wouldn't need a police. Zero crime equates to Zero Cops. But I seriously doubt that will ever happen until we kill off the human race.


quote:

ORIGINAL: Termyn8or

And about that, the way they investigate is a real hoot. They figure out who they think did it and build a case against that one person, ignoring evidence against any others and also ignoring any evidence that their prime suspect is innocent. They also withold this illegally when the defense attorney files for discovery.

Seems to keep them in business.

T^T



Short of investigating and conclusively proving the innocence of the hundreds of millions of people in the world, I would agree that focusing on suspects as they develop the case is the way the police do it. There are abuses, yes. I believe that there are abuses in just about everything. It isn't a pure world. We can only strive to improve it.

quote:

BamaD

What about the people who have been cleared by old DNA evidence? Doeasn't this bring their innocence into question?


I am not saying you can't or shouldn't go back and challenge cases. But to do it every time a scientific advancement is made, we will need somewhere like (my best guess) one judge, jury, prosecutor, defense attorney, and on and on to live permanently in court.


quote:

ORIGINAL: Termyn8or

It is all in question. The just us system operates to keep the jails full. They do not care if you are innocent or guilty. A few years ago a juvenile court judge was convicted for taking a kickback for every kid he sent there. JUVENILE COURT. How many lives did he wreck ? He should have been executed because that is a violayion of trust. That is why China executed their "FDA" head for taking a bribe from a drug company and seven people died. Here they get a fucking bonus if only seven people die, or even if they do.

The judge who sold those kids to the DH, you would imagine being a judge he would have adequate legal counsel. And the guy in China, he was a PUBLIC OFFICIAL. I thought they could do no wrong, I thought they just rolled over people with steam rollers n shit. Burn their grass hut because they don''t support that particular commisar. Torture them, no trials at all. Is that what you heard ?

Well I heard something else. I would not move there but they painted a picture that is not how it is. If they were a little better at it you would think that in Russia they are all watching black and white tube TVs. Hey, they now probably have better than us. Those 2Ks n shit. At least of those who want them.

They have trials, but it is that procedure and its rules in question here. But so are ours. Canada has "in camera" which actually means exactly the opposite of what it seems to say. It means a secret trial. In the US they have gag orders which is pretty much the same thing.

In the US, the biggest power the judge has is to exclude evidence. If you want to beat that you need to get affidavits and file them with the clerk of courts but do it at the last minute. Bring the certified copies. Don't make them an exhibit until it is time. This is tricky shit but it can be done. Reading documents and disallowing them looks very bad to a jury.

All if this is dangerous because you antagonize the court. They want their power absolute. Try bringing up jury nullification. I'll tell you how to do it in a subtle way.

"You have the right to acquit the defendant if you feel he has not committed a crime, no matter what the statute says". No lawyer will do that.

Like for example they catch a guy with two nickel bags and charge him with trafficking, when he explains that this is how his guy sells it. The prosecutor generally has the decision to allow for lesser convictions or not. They have lost some notable cases by not allowing for lesser convictions. Don't allow the jury to convict of a misdemeanor instead of fucking this guy's life for a half ounce of pot ? Who would not vote to acquit ? If that is your only choice other than to fuck this guy's life all up, and he wass otherwise alright let's say, going to school, working, whatever. No record.

What would you do ?

T^T


Nice example of abuse of power. There are others. Doesn't mean the system is corrupt. Only those involved who themselves should be tried. Not the entire system. I personally don't like the concept of elected judges. Doesn't mean it proves corruption, but in my opinion it could improve the odds of corruption.




DesideriScuri -> RE: White House Forencis Report (9/4/2016 6:30:38 AM)

quote:

ORIGINAL: dcnovice
quote:

If a person was convicted because the final "evidence" that brought everything together came from the methods that are being called into question, How many would be free due to a technicality?

Hmm.
I'm not sure I'd describe the reliability of evidence used to convict someone as a "technicality."


Here's the thing, though. If damning evidence isn't collected 'properly,' it's inadmissible in court, regardless of the accuracy of the evidence. If methods are redefined as to what is and what isn't proper/admissible/etc., how many people who's convictions were sealed (beyond a reasonable shadow of doubt) by evidence gained by that now-questionable method are going to have convictions overturned?

That's what I'm most concerned about. The next thing I'm concerned about, is are all these cases going to have to be retried, and who is going to pay for that?




BamaD -> RE: White House Forencis Report (9/4/2016 7:27:22 AM)

I am not saying you can't or shouldn't go back and challenge cases. But to do it every time a scientific advancement is made, we will need somewhere like (my best guess) one judge, jury, prosecutor, defense attorney, and on and on to live permanently in court.

I think you underestimate the commitment needed.
I think you would have to increase the court system by 20-25%.




tj444 -> RE: White House Forencis Report (9/4/2016 3:45:39 PM)


quote:

ORIGINAL: KenDckey

http://www.latimes.com/nation/la-na-council-forensic-evidence-20160831-snap-story.html
Should we go back and reopen every case that Doesn't meet White House Standards of evidence?


Yes, and its time to end/stop using this shite.. Yes, reopen each case, because presently so many innocent but convicted people either dont have capable counsel and/or that they are refused access to the evidence so they are totally fucked..

This is not new, there have been reports on these problems for many years.. and yes, they should be re-examined & retried if the methods are now considered questionable.. These juries and judges were given evidence by someone who claimed to be an expert (meaning almost God-like, or "the CSI effect"), and their testimony was given a great amount of weight in the guilty verdicts, probably more than any other evidence.. The FBI admits there are flaws and that for 3 decades they used it to convict innocent people.. which means innocent people are in jail (assuming they havent been executed) and even if they get out, their life is pretty much screwed.. then there are the huge number of innocent people that were railroaded into accepting a plea deal cuz to lose at trial (especially with a public defender) would be ten times worse.. The "justice" system in the US is shameful, with it's prisons for profit and all the other shite that goes on..

"“These findings are appalling and chilling in their indictment of our criminal justice system, not only for potentially innocent defendants who have been wrongly imprisoned and even executed, but for prosecutors who have relied on fabricated and false evidence despite their intentions to faithfully enforce the law,” Blumenthal said."

https://www.washingtonpost.com/local/crime/fbi-overstated-forensic-hair-matches-in-nearly-all-criminal-trials-for-decades/2015/04/18/39c8d8c6-e515-11e4-b510-962fcfabc310_story.html

"Forensic Science Isn’t Science
Why juries hear—and trust—so much biased, unreliable, inaccurate evidence.
“Once a jury hears something scientific, there’s a kind of mythical infallibility to it,” Peter Neufeld, a co-founder of the Innocence Project, told me. “That’s the association when a person in white lab coat takes the witness stand. By that point—once the jury’s heard it—it’s too late to convince them that maybe the science isn’t so infallible.”"

http://www.slate.com/articles/health_and_science/science/2014/06/forensic_science_is_biased_and_inaccurate_but_juries_believe_it_and_convict.html

"Forensic Tools: What’s Reliable and What’s Not-So-Scientific"

http://www.pbs.org/wgbh/frontline/article/forensic-tools-whats-reliable-and-whats-not-so-scientific/





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