Discovery Series | Spooky Science: Error and the Unreliability of Forensics

The occurrence of error and the unreliability of forensic evidence is a common challenge in the field of forensic science. The goal of forensic evidence is to link a single person or object to a crime scene, but forensic analyses do not always meet this goal. In order to achieve the unique relation of evidence to a person or object, experts tend to manipulate, lie about, or “fudge” results (Harmon, Budowle, Langenburg, Houck, Kelly, Saks, Koehler, 2006, p. 607). This is especially scene in the case of Annie Dookhan. In an effort to boost her career, she engaged in dry-labbing, filing false test results, mixing drug samples, and “eyeballing” samples rather than testing them. Over the course of her nine-year career, she tested only a third of the 60,000 samples that met her desk. As a result, Dookhan was sentenced to three years in prison and over 20,000 drug convictions were dropped (Esquire, 2020).

Dry-labbing and intentional error are not the only challenges forensic evidence might face. Another challenge is assuming the reliability of evidence.

Courts tend to allow forensic evidence and expert testimony on the assumption of its reliability. Garret and Neufeld examined cases of individuals who were wrongfully convicted and later exonerated in relation to instances of invalid forensic testimony. Out of 65 microscopic hair comparison analyses, 38% involved invalid testimony; 3 of 11 DNA testimonies were invalid while the other 8 contained errors; and 57 of 100 serology analyses involved invalid testimony (Garret and Neufeld, 2009, p. 47, 35, 63, 67). Another example of unreliability of forensic evidence is the use of bite mark analysis. According to Garret and Neufeld, there is little to no evidence of the “scientific certainty” of bite marks and conclusions one may draw for their analysis, yet six cases of those examined involved bite mark comparison (et al, 2009, p. 68-69).

Though this is a significant challenge, there are ways to alleviate it. According to The Lord Thomas of Cwmgiedd, courts should challenge the robustness of evidence and assess its reliability (2015, p. 2). There are many criteria used to examine the reliability of evidence and expert testimony. One should take into consideration the extent and quality of research an expert bases an opinion on, whether an opinion relies on an inference, and the extent to which data has been reviewed by others in the field (Lord Thomas of Cwmgiedd, 2015, p. 2-3).

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