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https://www.justice.gov/opa/pr/justice- ... cience-and
PCAST Rebuke
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josher89
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PCAST Rebuke
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"...he wrapped himself in quotations—as a beggar would enfold himself in the purple of emperors." - R. Kipling, 1893
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Ernie Hamm
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Re: PCAST Rebuke
I am long removed from the forensic field these days, but read the report with interest. I agree with the decisions presented concerning the PCAST and metrology in forensics. I was particularly pleased with the following references in the report:
“Kumho Tire Court stressed that the assessment of reliability may appropriately focus on the personal knowledge, skill, or experience of the expert witness. “Kumho Tire, 526 U.S. at 150”: “United States Department of Justice Statement on the PCAST Report: Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods, January 13, 2021
This had been earlier labeled KSA’s (knowledge, skills and abilities) in an examiner’s preferred qualities.
“Moreover, the classification of a “source identification,” “source exclusion,” “inconclusive,” or other conclusion is ultimately an examiner’s decision.“ Ibid:
Along this line, I have long appreciated the following statement by Harold Tuthill as follows: “…comparison is the intuitive appraisal of the complex shapes and contours of the characteristics…” Harold Tuthill, “Individualization: Principles and Procedures in Criminalistics” (1994), with stress on “intuitive”!!
Examiners these days are treading in a virtual minefield with some of the said ‘mines’ having been placed by professional colleagues through their various studies, opinions and publication. DOJ sums it up in their closing remarks: “Verification by a second examiner, technical review, case controls, and other quality assurance measures used by accredited laboratories are critical components of risk management and mitigation.”
As I rarely post these days, I want to add to Texas Pat, if you read this and I am pretty sure you will, I like your ‘signature’ with one slight modification: stuck now in the 21st Century with no way (desire) to go back."
“Kumho Tire Court stressed that the assessment of reliability may appropriately focus on the personal knowledge, skill, or experience of the expert witness. “Kumho Tire, 526 U.S. at 150”: “United States Department of Justice Statement on the PCAST Report: Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods, January 13, 2021
This had been earlier labeled KSA’s (knowledge, skills and abilities) in an examiner’s preferred qualities.
“Moreover, the classification of a “source identification,” “source exclusion,” “inconclusive,” or other conclusion is ultimately an examiner’s decision.“ Ibid:
Along this line, I have long appreciated the following statement by Harold Tuthill as follows: “…comparison is the intuitive appraisal of the complex shapes and contours of the characteristics…” Harold Tuthill, “Individualization: Principles and Procedures in Criminalistics” (1994), with stress on “intuitive”!!
Examiners these days are treading in a virtual minefield with some of the said ‘mines’ having been placed by professional colleagues through their various studies, opinions and publication. DOJ sums it up in their closing remarks: “Verification by a second examiner, technical review, case controls, and other quality assurance measures used by accredited laboratories are critical components of risk management and mitigation.”
As I rarely post these days, I want to add to Texas Pat, if you read this and I am pretty sure you will, I like your ‘signature’ with one slight modification: stuck now in the 21st Century with no way (desire) to go back."
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Texas Pat
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Re: PCAST Rebuke
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"A pretty good 20th Century latent print examiner, stuck now in the 21st Century with no way to go back."
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Texas Pat
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Re: PCAST Rebuke
But seriously, folks . . . .
I am interested in how this will impact several things:
1. Motions in limine
2. Daubert hearings
3. OSAC & ASB standards and BPRs
Rest assured, I will have a copy of this report in my court briefcase, either highlighted in yellow or with Post-It tabs marking the parts that will help refute PCAST or a challenge on the absence of statistics, probabilities, likelihood, measured error rates, etc., in latent prints.
I am interested in how this will impact several things:
1. Motions in limine
2. Daubert hearings
3. OSAC & ASB standards and BPRs
Rest assured, I will have a copy of this report in my court briefcase, either highlighted in yellow or with Post-It tabs marking the parts that will help refute PCAST or a challenge on the absence of statistics, probabilities, likelihood, measured error rates, etc., in latent prints.
"A pretty good 20th Century latent print examiner, stuck now in the 21st Century with no way to go back."