The results of the first phase of a project to review FBI microscopic hair analysis testimony and lab reports produced the staggering revelation that FBI examiner testimony in at least 90 percent of the trial transcripts analyzed contained erroneous statements. This development likely will serve as a milestone in the quest for forensic science reform.

The aftermath of an accidental fire can often look the same as the aftermath of an intentionally set fire. This confounding fact has led to many false accusations. John Lentini writes that an arson determination should be viewed with great skepticism if it is based on (1) “low burning,” (2) a fire that burned “hotter than normal” or “faster than normal,” or (3) the appearance of “pour patterns” on a floor without a positive finding of an ignitable liquid in a laboratory test.

This training program will aid those working to defend persons accused of homicide in drug-related overdose deaths. Each section of the program focuses on a different aspect of these cases. CLE is not available for this program.

This month Gil Sapir reviews Junk Science and the American Criminal Justice System by M. Chris Fabricant.

Subject matter experts and litigators from NACDL’s Fourth Amendment Center explain and discuss some of the important digital technology issues that defense counsel will very likely encounter in these cases. The faculty focus on reverse searches, facial recognition, and device searches.

Expert evidence is frequently exploited by prosecutors keen on securing a conviction regardless of the reliability of the expert or the expert’s methodology. Nowhere is this more prevalent than in forensic science. To combat this pervasive problem, defense lawyers need to have a thorough understanding of Federal Rule of Evidence 702 and companion rules. Rene L. Valladares and Hannah Nelson discuss the rules, summarize cases favorable to the defense, and provide useful checklists.

Geofence warrants, a type of reverse search warrant, compel companies, like Google, to turn over substantial information about devices interacting with their technology within a particular geographic region. For this reason, geofence warrants mark an unprecedented increase in the government's ability to locate individuals without investigation. This primer will show you how geofence warrants are constructed and outline strategies to challenge these warrants when they appear in criminal cases. 

for Criminal Defendants

Wholesale destruction of communications evidence on agents’ cellphones and elsewhere is something that criminal defendants and their lawyers face with shocking regularity.

Understanding the Issues & the Science

Brief of National Association of Criminal Defense Lawyers, the American Civil Liberties Union, the ACLU Foundation Of Texas, Inc., the Cato Institute and the Rutherford Institute As Amici Curiae Supporting Petitioner.

Argument: NACDL’s amicus brief argues that the Fifth and Seventh Circuits’ rule would require § 1983 plaintiffs to initiate parallel federal litigation, contrary to principles of judicial economy, federalism, comity, and constitutional avoidance. Federal courts generally would stay a parallel § 1983 action under Pullman. Federal courts also may stay a parallel § 1983 action for declaratory relief. If federal courts do not stay a parallel § 1983 action, they risk making constitutional decisions unnecessarily or based on erroneous interpretations of state law. The Fifth and Seventh Circuits’ rule is unworkable and has no discernible benefit, despite its significant costs.

This comment from the Fourth Amendment Center addresses the National Institute of Standards and Technology's report "Digital Investigation Techniques: A Scientific Foundation Review."

2012

Evidence is the crux of every criminal case, making forensic science one of the most (if not the most) critical elements of an investigation and defense. This page contains materials and information relating to a vareity of forensic science subtopics. As forensics continue to evolve, so will this collection. 

NACDL adopts a report and recommendations on law enforcement searches of digital evidence.