{"id":130508,"date":"2016-04-28T11:24:30","date_gmt":"2016-04-28T17:24:30","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/2016\/04\/28\/justice-is-blind-when-the-wool-is-pulled-over-her-eyes.html"},"modified":"2016-05-02T22:02:25","modified_gmt":"2016-05-03T04:02:25","slug":"justice-is-blind-when-the-wool-is-pulled-over-her-eyes","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2016\/04\/28\/justice-is-blind-when-the-wool-is-pulled-over-her-eyes.html","title":{"rendered":"Justice is blind when the wool is pulled over her eyes"},"content":{"rendered":"<p>The headline below is practically a crime itself. The issue is not &quot;flaws in hair analysis,&quot; but flaws (exaggerations and lies) in FBI crime lab <i>testimony<\/i> about hair analysis for many, many years, overstating conclusions and certainty rates in a huge number of cases..<\/p>\n<p>We all expect, from decades of <i>Law &amp; Order<\/i> and <i>CSI,<\/i> that those white-lab-coated experts from the crime lab are providing as close to objective truth as possible when they get up on the stand. Except &#8230; they aren&#39;t. And the &quot;errors&quot; and bogus info they provide almost always supports the prosecution. <\/p>\n<p><i>&#39;The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000.<\/i><\/p>\n<p><i>Of 28 examiners with the FBI Laboratory&rsquo;s microscopic hair comparison unit, 26 overstated forensic matches in ways that favored prosecutors in more than 95 percent of the 268 trials reviewed so far, according to the National Association of Criminal Defense Lawyers (NACDL) and the Innocence Project, which are assisting the government with the country&rsquo;s largest post-conviction review of questioned forensic evidence.<\/i><\/p>\n<p><i>The cases include those of 32 defendants sentenced to death. Of those, 14 have been executed or died in prison, the groups said under an agreement with the government to release results after the review of the first 200 convictions.<\/i><\/p>\n<p>And this isn&#39;t just the FBI, of course. State and county and city crime labs are just as bad, if not worse. They are usually funded by the police departments they are investigating for; in some cases, their funding comes from the number of <i>convictions<\/i> they help land. Because that&#39;s not going to incent certain behavior, right?<\/p>\n<p><i>&#39;The review confirmed that FBI experts systematically testified to the near-certainty of &ldquo;matches&rdquo; of crime-scene hairs to defendants, backing their claims by citing incomplete or misleading statistics drawn from their case work. In reality, there is no accepted research on how often hair from different people may appear the same. Since 2000, the lab has used visual hair comparison to rule out someone as a possible source of hair or in combination with more accurate DNA testing.&#39;<\/i><\/p>\n<p>Worse, this isn&#39;t new news. Criticisms about this sort of thing are over a decade old, but law enforcement, including the FBI, and the courts have been extremely slow in addressing it, either denying there was a problem, or that the problem was widespread, or creating new processes to keep it from recurring.<\/p>\n<p>Human systems are only as good as the humans in them. Assuming they are the good guys because we want them to be is cruising for disappointment &#8212; if not conviction from fraudulent testimony.  Remember this the next time someone says &#8230;<\/p>\n<p>&#8211; &quot;Well, the crime lab said it, so it must be true.&quot;<br \/>&#8211; &quot;Capital punishment is fine because only the guilty get executed.&quot;<br \/>&#8211; &quot;The FBI can certainly be entrusted with backdoor access to our data because they will never, ever, use it in an unjust or untrustworthy fashion.&quot;<\/p>\n<p>More on this story in an article from last year: <a href=\"http:\/\/www.slate.com\/articles\/news_and_politics\/jurisprudence\/2015\/04\/fbi_s_flawed_forensics_expert_testimony_hair_analysis_bite_marks_fingerprints.html\">http:\/\/www.slate.com\/articles\/news_and_politics\/jurisprudence\/2015\/04\/fbi_s_flawed_forensics_expert_testimony_hair_analysis_bite_marks_fingerprints.html<\/a><\/p><\/blockquote>\n<blockquote class=\"sm2wp\"><p>\n<a style='display:inline;' href='https:\/\/www.washingtonpost.com\/local\/crime\/fbi-overstated-forensic-hair-matches-in-nearly-all-criminal-trials-for-decades\/2015\/04\/18\/39c8d8c6-e515-11e4-b510-962fcfabc310_story.html?postshare=7331461725241392&#038;tid=ss_tw'><br \/>\n<img src='https:\/\/lh3.googleusercontent.com\/proxy\/mCRtwL0aj1sByiPTrr2dQk9uzS69UKGcXTKrvZwKA6R3LnOvyVEjDs6BOtVCuGTkAFrHpSfZfakbsEDNLT6dIl98RG7KdgYS8HQ9n61EwqZyRcPPnIMd8o1l011W5NMLyL4rEWVcAzLc53xyTJoZTFhgUgjAiOgf8bETB7l4IKtsUk-X6f_HX-5N_K2yqb7PFgAVw1vqmBS8qqiNIQ=w506-h910' border='0' style='max-width:650px;'\/><br \/>\n<\/a><br \/>\n<span style='font-size:large;'><a href='https:\/\/www.washingtonpost.com\/local\/crime\/fbi-overstated-forensic-hair-matches-in-nearly-all-criminal-trials-for-decades\/2015\/04\/18\/39c8d8c6-e515-11e4-b510-962fcfabc310_story.html?postshare=7331461725241392&#038;tid=ss_tw'>FBI admits flaws in hair analysis over decades<\/a><\/span><br \/>\nForensic hair matches were overstated in many cases heard before 2000, including those of 32 defendants sentenced to death, the FBI and the Justice Department acknowledged after a review.\n<\/p><\/blockquote>\n<p><span style='font-size:small;'><a href='https:\/\/plus.google.com\/+DaveHill47\/posts\/H5fHcF2XKez'>View on Google+<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The headline below is practically a crime itself. The issue is not &quot;flaws in hair analysis,&quot; but flaws (exaggerations and lies) in FBI crime lab testimony about hair analysis for many, many years, overstating conclusions and certainty rates in a huge number of cases.. We all expect, from decades of Law &amp; Order and CSI, &hellip; <a href=\"https:\/\/hill-kleerup.org\/blog\/2016\/04\/28\/justice-is-blind-when-the-wool-is-pulled-over-her-eyes.html\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;Justice is blind when the wool is pulled over her eyes&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[106,715],"tags":[],"class_list":["post-130508","post","type-post","status-publish","format-standard","hentry","category-plusposts","category-crime-punishment"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":128665,"url":"https:\/\/hill-kleerup.org\/blog\/2015\/11\/10\/forensic-fakery-biased-science-false-convictions-and-yeah-some-folk-who-died.html","url_meta":{"origin":130508,"position":0},"title":"Forensic fakery, biased science, false convictions, and, yeah, some folk who died","author":"***Dave","date":"Tue 10-Nov-15 5:18am","format":false,"excerpt":"But, hey, we gotta have the death penalty to show people we are tough on crime![1][1] Except the crime of incenting forensic labs to fabricate convicting evidence, misleading testimony, and sloppy conclusions that result in people getting the death penalty for crimes they may not have committed. But who cares\u2026","rel":"","context":"In &quot;~PlusPosts&quot;","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":12332,"url":"https:\/\/hill-kleerup.org\/blog\/2008\/05\/28\/so_much_for_all_those_csi.html","url_meta":{"origin":130508,"position":1},"title":"So much for all those CSI and Law &#038; Order episodes &#8230;","author":"***Dave","date":"Wed 28-May-08 9:47am","format":false,"excerpt":"Everyone knows that eye-witness testimony is highly dubious in court, and what you really want is some hard and fast forensic evidence, tested at the police lab, demonstrating with scientific...","rel":"","context":"In &quot;Politics &amp; Law&quot;","block_context":{"text":"Politics &amp; Law","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":133628,"url":"https:\/\/hill-kleerup.org\/blog\/2017\/06\/07\/comeys-prepared-testimony-statement.html","url_meta":{"origin":130508,"position":2},"title":"Comey&#039;s prepared testimony statement","author":"***Dave","date":"Wed 7-Jun-17 4:22pm","format":false,"excerpt":"This is being transcribed in a number of places, but the WaPo includes some annotations about related stories (and some color commnentary). Overally reaction: no smoking gun, but lots and lots of ammo lying about. Comey declines to draw the conclusion that the President was trying to obstruct justice, but\u2026","rel":"","context":"In &quot;~PlusPosts&quot;","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":135215,"url":"https:\/\/hill-kleerup.org\/blog\/2017\/10\/30\/doubt-reduce-data-available-public.html","url_meta":{"origin":130508,"position":3},"title":"When in doubt, reduce the data available to the public","author":"***Dave","date":"Mon 30-Oct-17 7:09am","format":false,"excerpt":"The FBI's excuse that, \"Hey, not quite as many people were looking at a given table, so why go to the trouble of creating it\" is not only shortsighted on the face of it, but patently absurd when one considers how such tables are created -- not by some team\u2026","rel":"","context":"In &quot;~PlusPosts&quot;","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/hill-kleerup.org\/blog\/wp\/wp-content\/uploads\/2017\/10\/unnamed-14.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":8713,"url":"https:\/\/hill-kleerup.org\/blog\/2005\/08\/31\/getting_our_pri.html","url_meta":{"origin":130508,"position":4},"title":"Getting our priorities straight","author":"***Dave","date":"Wed 31-Aug-05 6:35am","format":false,"excerpt":"Obviously the War on Terror is well in hand. Or, conversely, it's being taken care of by those guys over in Homeland Security and Defense, because the US Justice Department...","rel":"","context":"In &quot;ZT &amp; PC&quot;","block_context":{"text":"ZT &amp; PC","link":"https:\/\/hill-kleerup.org\/blog\/category\/zt-pc"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1041,"url":"https:\/\/hill-kleerup.org\/blog\/2001\/10\/22\/fbi_v2.html","url_meta":{"origin":130508,"position":5},"title":"FBI v.2","author":"***Dave","date":"Mon 22-Oct-01 9:26am","format":false,"excerpt":"The New York Times reports that the FBI is looking at significantly changing its role. \"In\" are counter-terrorism and counter-intelligence, complex white-collar fraud, organized crime and political corruption. \"Out\" are...","rel":"","context":"In &quot;Homeland Security&quot;","block_context":{"text":"Homeland Security","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/homeland-security"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/130508","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=130508"}],"version-history":[{"count":1,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/130508\/revisions"}],"predecessor-version":[{"id":130562,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/130508\/revisions\/130562"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=130508"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=130508"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=130508"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}