Threats to Justice from Forensic Science Professor Angela

Threats to Justice from Forensic Science Professor Angela Gallop CBE CCRC Anniversary Conference 2 November 2017 Independent forensic science services

Perspective “The farther backward you can look, the farther forward you are likely to see” • 1974 – Forensic Science Service for police/prosecution and defence • Imbalance between supply and demand, backlogs and demoralisation, single mindset, miscarriages of justice • Budgets devolved to police, creation of forensic market and competition, and formal Quality systems • Faster, cheaper, more innovative services – backlogs eliminated, more complex cases solved • Comparing apples with pears – new procurement system, more control by police • Plus pressure on police budgets, digital revolution – more insourcing Independent forensic science services

Current Challenges • Responding to the digital revolution • Effects of tighter police (forensic) budgets: – – – More in-sourcing Less work per case More focused work More fragmented work More streamlined reporting • Lack of accreditation, and human error • CSI effect • Shortcomings often only emerge after scrutiny by defence expert • But funding pressure on defence work too Independent forensic science services

Digital Forensics • Different levels of expertise, some analysts reject expert status • Exponential increase in workload • Rapidly changing technology • Cost/complexity of accreditation • Integrating digital technology with conventional forensics • Case example: – Suspect alleged to have been ‘in the vicinity’ of the crime scene from cell site analysis. But full analysis showed same cell site pattern for 4 nights prior, and 1 night after incident, and he could have been at a location 5 miles away where he said he’d been. Crown offered no evidence. Independent forensic science services

More In-Sourcing • • • Loss of independence/perceived independence Greater risk of ‘cognitive bias’ ‘Stretching’ expertise to increase capability More fragmentation of investigations Lower accreditation status (currently) • Case examples where defence review: – Identified gross DNA contamination within in-house lab – DNA evidence disregarded at court – Demonstrated incorrect firearm identification, and lethality assessment by force armourer – Exposed exculpatory evidence not even in unused material in arson case – 1 of a series of 7 recent cases where the wrong person has been identified/charged Independent forensic science services

Less Work Per Case • • Selecting just 1 or 2 items for 1 or 2 tests Risk of selecting the wrong ones Provided with insufficient contextual information Risk of obtaining an incomplete picture and drawing the wrong conclusions • Case examples: – Only 5 of a reported 17 glass fragments analysed by accredited organisation ‘matched’ the reference glass sample; detailed tests only performed on 1 of the 5 fragments. Scientist’s notes indicated he originally thought just 5 matched – no note why he changed his mind – Complex rape where victim wiped herself with tissue as substitute for intimate swabs. DNA on tissue matched defendant. Prosecution commissioned ‘source only’ statement which was interpreted as strong evidence. But defence expert addressed activity as well as source and concluded evidence was neutral – prosecution scientist agreed Independent forensic science services

Work Increasingly Focused • On DNA, fingerprints and digital forensics • Leading to de-skilling in other areas eg. textile fibres • And diminishing ability to take holistic approach • Ignoring/forgetting lessons learned in how to solve complex cases • Case examples: – Coastal Path, and Stephen Lawrence murders where blood/DNA was only found as a direct consequence of searches for textile fibres and/or paint Independent forensic science services

More Streamlined Reporting • Streamlined Forensic Reports (SFRs) intended as more proportionate to reduce costs, bureaucracy and delays • Provide information about possible sources of evidence • But often also used to indicate activity(ies) that could have given rise to evidence • Not always clear on what grounds SFR should be challenged • No grounds, no funding Independent forensic science services

Accreditation and Human Error • Formal accreditation very important - not all forensic facilities currently accredited • Unpopular because complicated and costly • Even then, doesn’t rule out mistakes or malpractice • Case examples from accredited laboratories : – Re-use of analytical consumables resulted in innocent man accused of rape – Instrument set-up allowed same sample to be tested twice, and glucose reported as heroin – Contamination between adjacent samples because not properly separated by blank samples – Sample handling error compounded by poor communication between police and forensic laboratory – resulted in inappropriate link to crime – Improper manipulation of quality control data • No current requirement for accreditation for defence experts • Hard for accredited firms to be competitive Independent forensic science services

CSI Effect (initiated in 2000) • • • May raise expectations about what’s possible And what’s routine practice And about probative value of forensic evidence Encourage amateur sleuthing Main concern is juries acquitting in cases with no forensic evidence, where before they would have convicted • But detailed academic study found no evidence of CSI Effect from anecdotes, surveys of lawyers, surveys of jurors, psychological experiments, and analysis of acquittal rate data (Cole & Dioso-Villa, Investigating the CSI Effect’ Effect: Media and Litigation Crisis in Criminal Law, 1335 STANFORD LAW REVIEW 61 Issue 6 (2009) Independent forensic science services

Avoiding Miscarriages Independent forensic science services • • Broader discussion about in-sourcing by police All forensic providers must be accredited Forensics used properly or not at all Maintain broad skill base and holistic approaches to exploit this • Automatic independent review where forensic evidence is critical • Use lessons learned from DNA to improve digital services

Footnote • Miscarriages take long time to emerge • When they do, people may look back and believe they started in 2012 • That’s when the Forensic Science Service (FSS) closed • Post hoc ergo propter hoc • And there will be calls for a new FSS • And history will repeat itself Independent forensic science services

History Repeating Itself Independent forensic science services

Threats to Justice from Forensic Science Professor Angela Gallop CBE CCRC Anniversary Conference 2 November 2017 Independent forensic science services