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法律無能而非科學無能

2015/03/03

Science 2.0 February 28, 2015: The Law has Failed, Not Forensic Science

It’s quite revealing that Karen Kafadar and Anne-Marie Mazza (LiveScience Op-Ed on February 24, 2015, titled "Using Faulty Forensic Science, Courts Fail the Innocent") demand more research in forensic science while ignoring one of the most significant studies on forensic science and erroneous convictions ever conducted.

In 2012, Dr. Jon Gould at American University published what is perhaps the most comprehensive study on the causes of erroneous convictions. By reviewing case records and data associated with scores of overturned convictions, Gould and his team identified ten critical factors, which if present, are most likely to predict the possibility of erroneous convictions.
By far, the most risky scenario identified by Gould were cases having young defendants with existing criminal records. Other factors related to prosecutorial and investigative tactics, as well as bad lawyering by defense attorneys in representing their clients.  
At the bottom of Gould’s list, however, was faulty forensic evidence.
Gould’s study did not receive much fanfare at the time of its publication. And, ironically, with so much federal attention paid towards improving forensic science, Gould’s explanation that forensic science malpractice is not a compelling factor leading to erroneous convictions has yet to shape the national conversation about forensic science.  more

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