Category Archives: Junk science

New Scholarship Spotlight: Shaken Baby Syndrome, Wrongful Convictions, and the Dangers of Aversion to Changing Science in Criminal Law

Cassandra Ann Jenecke has posted the above-titled article on SSRN.  Download here.  The abstract states:

Shaken Baby Syndrome prosecutions are vulnerable to wrongful convictions because of the erosion of the science behind the diagnosis of SBS and because of the inflammatory nature of the charges. This paper evaluates the science behind the medical and legal diagnosis of SBS. It also explores international reforms related to the same developments in science and finds the American response lacking. The author concludes that without recognition of and reform related to the evolution of our scientific understanding of SBS, actors within the American criminal justice system will continue to contribute to the almost certain wrongful conviction of innocent caregivers and parents.

 

Monday’s Quick Clicks…

  • Exoneree Clarence Harrison makes music with his new album “Life Sentence.”
  • Pennsylvania Innocence Project client Han Tak Lee walks free in Pennsylvania on Friday after his arson conviction is thrown out by a federal judge
  • After long battle, California Innocence Project client Timothy Atkins declared factually innocent and to receive state compensation for his wrongful conviction
  • Steve Drizin writes about the joint effort of Northwestern U and U Michigan to exonerate Jamie Lee Peterson
  • Mississippi Innocence Project writes about the potentially false testimony in a number of cases by medical examiner Steven Hayne
  • Original detectives back bid by Michigan Innocence Clinic to get new trial for Jeff Titus
  • Wisconsin Innocence Project seeks DNA testing in 1982 murder case

Thursday’s Quick Clicks…

  • The Exonerated (the play) in ebook format
  • From the AP:  The Texas state fire marshal has volunteered to turn over more than a decade of his office’s casework to advocates so they can examine them for wrongful convictions.  Fire Marshal Chris Connealy has been working with the Innocence Project of Texas for more than a year to review old cases.  But now he’s sent 24 cases from 2002 to 2004 to the Innocence Project so the Lubbock-based group can vet his office’s work, with a pledge to turn over all of his more recent case files. He says it’s an important step for the public “to have confidence in the criminal justice system.” Several high-profile arson cases have come under scrutiny in Texas, including that of Cameron Todd Willingham, executed for the fire deaths of his three daughters.
  • Oscar nominated director to direct The Brian Banks Story
  • Two new books about wrongful conviction by Morrison Bonpasse
  • Summary of Amanda Knox appeal
  • The latest from the Innocence Project of Singapore

New Developments in Willingham Case, Ten Years After Execution

The Innocence Project has asked the State Bar of Texas to investigate former Navarro County prosecutor John Jackson relating to the arson case of Todd Willingham. Convicted of setting a fire on Dec. 23, 1991, that resulted in the death of his three young children — Amber, 2, and twins Karmon and Kameron, 1 — Willingham was executed on February 17, 2004.

Expert forensic testimony provided at the Willingham trial that equated burn patterns to the use of accelerants has been debunked by contemporary forensic science. Now, an article by Maurice Possley for The Marshall Project published in The Washington Post, details new evidence that undermines the second significant evidence that supported the conviction of Willingham, testimony from a jailhouse informant. Continue reading

A Blog on Junk Science Forensics – At Last!

cropped-bowers_capitol-small1

Here at the WCB, we’ve posted many, many articles dealing with the highly questionable scientific validity of most all forensic disciplines.  I’m very happy to report that there is now a blog dedicated to that issue.

Dr. Michael Bowers is a practicing dentist and forensic odontologist in Ventura, CA, and a long time forensic consultant in the US and international court systems. His newest book, “Forensic Testimony, Science, Law and Expert Evidence” with Elsevier/Academic Press is available on Amazon.

Dr. Bowers has some refreshing and insightful views on the validity of forensics, and maintains a blog addressing the “junk science” that so many in the justice system refer to as “forensic science.”  Please visit that blog here: Forensics in Focus.

[Editor's note:  I, personally, refuse to call them forensic sciences.  They are not sciences.  Technologies? Disciplines?  Perhaps, but they're not sciences.]

PS:  I have reviewed Dr. Bowers’ new book Forensic Testimony – Science, Law, and Expert Evidence, and you can read that review here.  I highly recommend it.

The FBI’s Can of Worms: Forensic review stalls, resumes on order of DOJ

The FBI’s massive review of criminal convictions with FBI forensic hair and fiber testimony, initiated in 2012, stalled in the face of widespread errors spanning two decades, but the review has resumed this month on order of the Justice Department. As reported by Spencer S. Hsu, an investigative reporter for the Washington Post, “Nearly every criminal case reviewed by the FBI and the Justice Department as part of a massive investigation started in 2012 of problems at the FBI lab has included flawed forensic testimony from the agency, government officials said.”

Read Hsu’s comprehensive article here. Highlights directly from the article: Continue reading

Fire Science and SBS? Yes – The Child Abuse Experts Can Learn From This

Sue Luttner, editor of the blog OnSBS, has posted an article that points out the parallels between “old” and discredited arson science and the situation with child abuse experts who are stuck in a paradigm paralysis regarding shaken baby syndrome (SBS).

‘Hats off’ to Sue, because the parallels had never struck me before, but they are incredibly close.

Please see Sue’s article here.