
( NATURE|Vol 464|29 April 2010, p.1266)
Wheate, Rhonda M. and Jamieson, Allan (2009) "A Tale of Two Approaches – The NAS Report and the Law Commission Consultation Paper on Forensic Science," International Commentary on Evidence: Vol. 7 : Iss. 2, Article 3.
DOI: 10.2202/1554-4567.1110
Available at: http://www.bepress.com/ice/vol7/iss2/art3
The Philosophy of Forensic Scientific
Identification by Prof Jamieson (pdf) >>
Jamieson, A. "The Philosophy of Forensic Identification", Hastings Law Journal, 2008, Vol.59, pp1031-1046
Sequential unmasking and DNA >>
D. Krane, S. Ford, J. Gilder, K. Inman, A. Jamieson, R. Koppl, I. Kornfield, D. Risinger, N. Rudin, M. Taylor, W.C. Thompson. "Sequential unmasking: A means of minimizing observer effects in forensic DNA interpretation." Journal of Forensic Sciences. 2008;53(4):1006-7. |
Articles and an editorial in one of the world's premier scientific journals, Nature, continue recent criticism of the need for better science in forensic science. In particular, one of the Nature articles focussed criticism on the technique of Low Copy Number (LCN) DNA. A technique designed to analyse amounts of DNA below that for which the standard kit was designed, and which has attracted adverse comment across the world.
In response to this criticism, Professor Allan Jamieson of The Forensic Institute had a letter published in Nature suggesting that the UK approach was unlikley to solve the problems of standards in forensic science and recommending a new review of the use of LCN methods.
"I look forward to the development of a satisfactory model in the United Kingdom.
In the short term, a fresh, deeper and wider look at the use of low-template DNA
techniques, particularly in casework, is overdue."
Recent publications from the National Academy of Science (USA) and the Law Commission (UK) provide an interesting contrast in approach to well documented and historic problems with the use of “scientific" evidence in legal proceedings. The NAS recommends a thorough assessment of the scientific bases of forensic science, to discern and improve the validity of the science before it can be considered suitable for court purposes. The UK approach more tentatively examines the legal admissibility of forensic science, leaving aside the more fundamental questions as to the inherent unreliability of the evidence. Drawing upon the American report and current experience in the UK, this paper proposes a more robust admissibility regime in the UK, including recognition and acceptance of the different roles of the prosecution and defence expert; more thorough and less combative disclosure by the prosecution; wider availability of validation data; and greater legal and research support for the thorough review of the “science" underlying forensic science.
This article was written by Dr Rhonda Wheate (formerly at TFI), and Professor Allan Jamieson
The Philosophy of Forensic Identification
This Article discusses some of the features that make a process
scientific, outlines the forensic process through which evidence must
travel, considers the principles and practice of individualization, and
finally describe the difficulties of assessing the significance of any
“match”, with particular emphasis on DNA profiling.
Sequential unmasking: minimising observer effects in DNA interpretation
This is a letter signed by eleven international experts, including Professor Allan Jamieson, recommending a 'blind' approach to DNA interpretation which prevents the analyst being unduly biased by knowing the profile of the suspect before they interpret the DNA profile. |