NDAA Response to NAS Paper

[Charles Parker]

Statement from the National District Attorneys Association Regarding the National Academy of Sciences February 2009 Study

A recent study released by the National Academy of Sciences includes a few notorious cases in which established forensic protocols were not followed or otherwise valid scientific methods were not accurately reported to juries. It appears the main problem in these cases was not bad science. Rather, good and well-established scientific techniques were used improperly or their ability to identify suspects was grossly over-exaggerated. In other words: Good Science, Bad People.
These mistakes have occurred. They are extremely rare but they are unacceptable.
Prosecutors are the one party in a trial whose sole allegiance is to the truth.
No prosecutor wants an innocent person in the defendant’s chair, much less wrongly convicted. We hope the NAS study will be an opportunity to re-dedicate resources that go into the front end of criminal investigations including training on the correct collection, analysis, and admissibility of forensic evidence.
Investments should be made in money and technology that will help ensure that police arrest and we prosecute the right people before they get convicted. Law enforcement officers must be trained to recognize and collect critical forensic evidence. Forensic laboratories must be adequately funded and their practitioners well-trained. Prosecutors who present that scientific and technological evidence also must be well-trained to understand its proper scope before they present it to the jury.
In other words: an ounce of prevention is still worth a pound of cure thus ensuring juries are able to reach sound and just resolutions in criminal cases.
The larger question resulting from the NAS findings is whether the study will advance commitments to better equip, train, and fund good science and good people, or divert that money and time to focus on the rare but unacceptable injustices that occur when forensic science is misused by any criminal justice practitioner whether on the part of the State or the defense bar.
There is an urban myth that prosecutors measure success largely by the number of years to which felons are sentenced to prison. Instead, we succeed when we are contributing to a safe and secure community where the residents feel justice is fairly administered. That is the whole nature of local prosecutors who are accountable to their local communities.
Most prosecutors live where we encounter both the families of victims and the families of defendants—in the supermarket check-out lines and coffee shops. They hold us to answer for whether we helped bring real justice to every case. That is why it is so important to NDAA that resources be targeted to those areas that will help achieve justice in our communities. This should be the goal of all criminal justice practitioners.

[areitnau]

Do you have the full text for their reply to the report?

[Charles Parker]

Andrew, there was a link posted by Ms Steele on a different thread.

by L.J.Steele » Tue Nov 10, 2009 8:52 pm

NACDL's Preliminary Postion on the National Academy Report came out today....

You can find it off the main page -- www.nacdl.org
Or directly at http://www.nacdl.org/public.nsf/NewsRel ... enDocument

The report is linked from the press release
or directly at http://www.nacdl.org/public.nsf/NewsRel ... _Final.pdf

I'd love to hear what you think either here or off-list if you prefer.

[Charles Parker]

Andrew, OOOOOPS I gave you the one for the National Association for Criminal Defense Lawers instead of the National District Attorney Association.

Sorry about that.

I do not have accesss their full report, but the following should give you a good idea of what their statement would be.

http://www.ndaa.org/pdf/Redle_testimony_SJC_090909.pdf

For the NDAA people, sorry to confuse you wth the NACDL. I am on medication-----what do you expect.

[Gerald Clough]

Did you bring enough for everyone?

Mrs. Harbottle would be so disappointed in you.

[Cindy Rennie]

Talk about being tarred by the same brush!