Beyond A Reasonable Doubt

On September 27, 2015   /   Criminal Defense, criminal evidence, criminal justice system, Forensic Evidence, Science in the Courtroom  

What Does Prove Beyond A Reasonable Doubt Mean? Evidence in Texas Criminal Cases If a person is charged with a crime they are “presumed innocent” and can only be convicted when the prosecution proves the crime “beyond a reasonable doubt.” Even though a person has been accused, arrested, jailed, or charged with a crime – a jury is not supposed to assume a person has done something wrong. One jury member may need more evidence than another jury member to be convinced “beyond a reasonable doubt.” However, a lawyer cannot tell jury members that they should require more evidence to be convinced “beyond a reasonable doubt” based on how serious a case is. The United State’s Supreme Court has decided

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Review Shines Light on FBI’s Flawed Forensic Testimony

On April 21, 2015   /   Forensic Evidence, News, Science in the Courtroom, Uncategorized, Wrongful Conviction  

On Sunday the FBI and the Justice Department released a statement acknowledging all except two of their microscopic hair comparison unit examiners overstated forensic matches in ways that favored the prosecution.  This information comes as the National Association of Criminal Defense Lawyers (NACDL) and the Innocence Project assist the FBI in conducting a sweeping post-conviction review of forensic evidence.  This extensive review began in 2012 following a Washington Post report “that flawed forensic hair matches might have led to the convictions of hundreds of potentially innocent people since at least the 1970s, typically for murder, rape and other violent crimes nationwide.” So far, the NACDL and Innocence Project have reviewed 268 of roughly 2,500 cases in a 20-plus year period before 2000, in which the

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Brain Wiping for Criminal Rehabilitation

On August 30, 2014   /   Criminal Behavior, criminal justice system, neuroscience in criminal cases, Science in the Courtroom  

One Flew Over the Spotless Mind The Future of Lobotomy in Criminal Justice I couldn’t help but think about Chief holding a pillow over Mac Murphy’s face when I listened to an interview on NPR about progress made toward erasing memories. The pitch for the research is couched in light much more similar to Eternal Sunshine of the Spotless Mind. The notion is that people suffering from terrifying memories could be “cured” of their resulting ailments, most notably PTSD. Brief and Select History of Lobotomies Wiping the slate clean for these emotionally wounded soldiers is not a new idea. The Wall Street Journal recently reported on as many as 2000 soldiers receiving lobotomies in the 1950’s. Not so long ago,

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Judge, My Brain Made Me Do It!

On March 27, 2014   /   Criminal Behavior, Criminal Defense, Forensic Evidence, Science in the Courtroom  

The current research into how brain function impacts criminal or moral behavior quickly conjures images of One Flew Over the Cuckoo’s Nest and Minority Report. Neuroimaging data is becoming more frequently used in the courtroom, especially in the context of capital cases. The idea is that this technique can give scientist (and listening jurors) an idea as to the future dangerousness of a criminal. By scanning the portion of the brain regulating behavior and impulsivity, scientist believe they can create a reliable prediction as to whether a person is going to re-offend. The area of “social neuroscience” is becoming a larger part of societies understanding of criminal behavior. So, let’s say we pinpoint the “bad brain spot.” What does that

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