Forensics, Justice, and the Case for Science-Based Decision Making

 In Forensic Science

*The information below is an excerpt from CSAFE researcher and University of California, Irvine’s Professor of Criminology, Law and Society Dr. Simon Cole’s recent blog post “Forensics, Justice, and the Case for Science-Based Decision Making” originally published November 14, 2018 on the Union of Concerned Scientists website. Review the full blog post.

Forensic science—and the language forensic scientists use to talk about their findings–has real-world impacts, sometimes life-or-death impacts, for real people. If the criminal justice system is going to really serve the cause of justice, it needs to be informed by the best available science.

In recent years, some progress has been made toward recognizing the inherently probabilistic nature of all scientific evidence and seeking ways of communicating those probabilities to lay audiences. The ULTRs signal that the DOJ is not yet ready to join that effort. This is unfortunate, given the DOJ’s power and influence.

Scientists don’t need to know anything about forensic science to understand that categorical statements of certainty are not plausible. Any scientist can help by letting the DOJ know that their statements are not scientifically credible and that the opinions of individual scientists and scientific institutions should be taken seriously by the nation’s most important purveyor of justice.

Overstating the certainty of forensic evidence has been implicated in many miscarriages of justice. And it is scientifically wrong. The people who are the ultimate consumers of forensic evidence deserve better.

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