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Posts tagged "evidence"

Police steered eyewitness ID, leading to wrongful conviction

When Francisco Carrillo, Jr., was falsely convicted of a fatal drive-by shooting, it was the result of an improper eyewitness identification. A Sheriff's deputy brought in the 15-year-old eyewitness, showed him a single photo and said it was their lead suspect.

Investigators misidentified another man as 'Golden State Killer'

Recently, investigators in California arrested a suspect in the "Golden State Killer" case. Joseph James DeAngelo, a former police officer, is accused of murdering as many as 13 people and raping 50 women during the 1970s and 1980s.

We need to guard against the risks of DNA evidence

We have written extensively on this blog and elsewhere about faulty forensic science contributing to wrongful convictions. Numerous instances of crime lab scandals between 2000 and 2008, including multiple instances of fraud and error, resulted in Congress funding an in-depth investigation and review of the forensic science disciplines and related forensic laboratory practice.

Are police gang databases accurate? What happens if they're not?

ProPublica Illinois, a nonpartisan, nonprofit organization that does investigative journalism, recently published an article about inaccuracies in Chicago's gang database. Police and law enforcement officials routinely cite the gang database when investigating and prosecuting crimes. The database is also used for immigration enforcement, criminal background checks and other purposes.

Can data from your Amazon Alexa be used against you in court?

An estimated eight million people use Amazon's Alexa, the virtual assistant that can make lists, set timers, dial phone calls and even tell jokes. Depending on your setup, it can turn off your lights, set your home security system, and turn on and tune your TV. She recognizes different voices and can key various activities and lists to individuals based on their voices. She can keep track of most everything you're up to, and she's always listening.

'Serial' podcast defendant gets new trial for ineffective counsel

Adnan Syed, the defendant profiled in Season 1 the popular podcast "Serial," has been granted a new trial. A Maryland court of appeals has ruled that Syed received constitutionally ineffective assistance from his trial counsel 18 years ago, and that ineffective assistance probably affected the outcome of his trial.

Will new federal policy address unscientific forensic testimony?

Studies have shown that invalid or inaccurate forensic science is a factor in almost half of wrongful convictions. In the approximately 354 cases where DNA later exonerated an Innocence Project client, poor forensic science contributed to most of the underlying convictions.

When emails are stored abroad, can a US warrant reach them?

The U.S. Supreme Court has just heard arguments in a case involving emails Microsoft stores on servers in Ireland. In a 2013 drug trafficking case, Drug Enforcement Administration investigators sought the emails using a warrant authorized by the 1986 Stored Communications Act.

Faulty forensic science contributes to improper convictions

Launched by CBS in 2000, "CSI: Crime Scene Investigation" has been called the most successful television series of all time. Between the original series, which ran for five seasons, and spinoffs that include "CSI: Miami," "CSI: NY" and "CSI: Cyber," the TV brand has generated 800 episodes, spawned a number of comic books, video games and novels, and served as the inspiration for a traveling museum exhibit.

Should DNA probabilistic genotyping be used against defendants?

When a crime scene sample has evidence of more than one individual crime labs attempt to assign the results to particular individuals.  When there are DNA alleles from only two people the process is usually straightforward -- there is a "major contributor" and "minor contributor" identified.  The problem becomes more complicated if there is evidence of DNA from three or more persons in the mixture.  Until recently, many labs reported results as "inconclusive" because separating the mixture of DNA was too subjective.  Then several software companies developed algorithms that could assign the DNA profiles to particular individuals by using statistical probabilities.  This method of "probablistic genotyping" has been controversial among scientists in the field and forced courts to confront much new evidence.

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