Articles Posted in Experts

As we see frequently, texts and messages on cellphones can be important evidence in a case. Most of the time the MCIO’s merely got the CW to provide a screenshot and otherwise cherry-pick what they want to take as evidence in the beginning. Of course the cherry-picking is in favor of the CW and they…

As an investigative tool, DNA has been a powerful weapon in identifying or confirming who committed a crime. But the value of DNA evidence is overshadowed by regular stories of corruption, incompetence, and flawed interpretation. It’s, for this reason, I never accept the DNA results as golden for the prosecution in a contested case. Here’s…

so starts a post at wrongfulconvictionsblog–Junk Science Reigns ____ So Much for True Science in the Courtroom. [W]hen the National Academy of Sciences report Forensic Science in the United States; A Path Forward was published people thought we might see a true effort to address “junk science being used to convict innocent people.” The report…

There are a couple of interesting items in Vol. 224, MIL. L. REV. MILITARY JUSTICE INCOMPETENCE OVER COMPETENCY DETERMINATIONS, by Major David C. Lai. This is relevant to me because I have an appellate case where there are issues with the client’s current competency and there were at trial. ALWAYS ON DUTY: CAN I ORDER…

Working with expert witnesses can be difficult for even the most seasoned attorneys and trial consultants. Oftentimes, egos and expertise can get in the way of an expert’s ability to deliver persuasive testimony, requiring attorneys and trial consultants to be creative when developing solutions that fit both the problem and the expert witness. As trial…

We all laugh at TV shows and movies which we think of as fantasy. The CSI shows, NCIS, JAG, among . We ..get a laugh out of them. But reality may make you cry. Nathan J. Robinson, Forensic Pseudoscience: The Unheralded Crisis of Criminal Justice. Boston Review, November 16, 2015. This past April, the FBI…

“[I]t is relatively straightforward for an innocent person’s DNA to be inadvertently transferred to surfaces that he or she has never come into contact with. This could place people at crime scenes that they had never visited or link them to weapons they had never handled.” In discussing United States v. Henning, No. 20150410 (A.…

http://www.medicalnewstoday.com/articles/299443.php While numerous studies have hailed mindfulness meditation for its potential benefits for the mind and body, new research suggests it may have a negative impact on memory. While mindfulness meditation is believed to be beneficial for the mind and body, researchers say the practice may impair the ability to accurately recall memories. Published in…

(W)e seem to be on an endless quest to unmask the deceiver. This is easier said than done. The research is surprising. Even the professionals aren’t very good at catching people in a lie. When we do catch a lie, it’s often not for the reasons you may expect. There is no “Pinocchio’s nose”. That…

We do a lot of military sexual assault cases with alcohol involved. It is not unusual for a complaining witness to claim they were drunk, blacked out and didn’t consent. First, if blacked out they can’t know they didn’t consent–it’s impossible if they were blacked out, rather than them exhibiting a convenient and selective memory.…