Trial Judges and the Forensic Science Problem

November
2017
Stephanie L. Damon-Moore

In the last decade, many fields within forensic science have been discredited by scientists, judges, legal commentators, and even the FBI. Many different factors have been cited as the cause of forensic science’s unreliability. Commentators have gestured toward forensic science’s unique development as an investigative tool, cited the structural incentives created when laboratories are either literally or functionally an arm of the district attorney’s office, accused prosecutors of being overzealous, and attributed the problem to criminal defense attorneys’ lack of funding, organization, or access to forensic experts.

But none of these arguments explain why trial judges, who have an independent obligation to screen expert testimony presented in their courts, would routinely admit evidence devoid of scientific integrity. The project of this Note is to understand why judges, who effectively screen evidence proffered by criminal defendants and civil parties, fail to uphold their gatekeeping obligation when it comes to prosecutors’ forensic evidence, and how judges can overcome the obstacles in the path to keeping bad forensic evidence out of court.

 

This article appears in the November 2017 Issue: Volume 92, Number 5