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Certified Specialist in Criminal Law State Board of Legal Specialization

Why all the evidence may not be truly valid

You are probably not using the same computer that your parents owned. You definitely aren't talking on the same telephones. So why are defendants across the country being convicted by evidence from 50-year-old technologies and procedures?

Forensic science is undergoing a stressful evolution in large part due to defense attorneys taking a stand against  according to the scientific method. The fact is, human error matters. A lot. And judges are routinely using it to convict people of crimes.

New technology is challenging old procedures

When blood evidence is entered into evidence in a modern courtroom, a computer finds that it is or is not an exact DNA match compared to a given sample. However, bullet casings are still being compared using nothing more than a microscope and the naked eye. 

Where it is technologically possible to measure scratches using accurate digital technology, many districts are still accepting the word of a human being who simply took a peek through the scope. How accurate can that be when a verdict of guilty or innocent hangs in the balance? The bullet casing in question may be determined to be similar to another shot out of the identified gun, but it isn't actually the same bullet. 

This same flawed identification method is still applied to hair samples, shoe imprints and bite marks. Where it is possible to apply modern equipment that can produce quantifiable evidence with regard to the shape, size and material of an item, the courts still accept the testimony that it simply “looks like” the same evidence.  People are still being convicted on the strength of questionable forensic practices.

A Strong attorney will question the status quo

If you are facing criminal charges and the prosecuting attorney insists that there is plenty of physical evidence linking you to the crime, it is time to contact an experienced defense attorney who is ready to stand up to the court and ask the question. Exactly how certain is it that the evidence against you is absolutely unquestionable?

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