The scientific reinvention of forensic science.

Forensic science is undergoing an evolution in which a long-standing "trust the examiner" focus is being replaced by a "trust the scientific method" focus. This shift, which is in progress and still partial, is critical to ensure that the legal system uses forensic information in an accurate and valid way. In this Perspective, we discuss the ways in which the move to a more empirically grounded scientific culture for the forensic sciences impacts testing, error rate analyses, procedural safeguards, and the reporting of forensic results. However, we caution that the ultimate success of this scientific reinvention likely depends on whether the courts begin to engage with forensic science claims in a more rigorous way.

Pre-post assessment of student application of medication therapy management skills in virtual environments using English and non-English patients.

BACKGROUND AND PURPOSE: A Medication Therapy Management (MTM) encounter allows pharmacists to gather information to make appropriate assessments and recommendations regardless of the patient's language needs and the encounter environment utilized. With the goal of improving comfort and confidence in providing MTM services, working with an interpreter, and providing care in a virtual environment, students participated in a virtual MTM activity with English and non-English speaking patients. EDUCATIONAL ACTIVITY AND SETTING: In groups, students completed two MTM encounters during a virtual skills laboratory. Students were asked to complete a pre- and post-lab survey to gauge their confidence before and after completing these encounters. One encounter was with an English-speaking patient, and one was with a non-English speaking patient which utilized an interpreter for communication. Both encounters were completed using a virtual platform. FINDINGS: As a result of these activities, students reported improved confidence in providing MTM services to a patient who speaks a language different than themselves and managing patients using a virtual platform. Students self-identified that teamwork and pre-encounter preparation were essential for effective MTM services. SUMMARY: Students found completing virtual MTM was a beneficial way to improve comfort and confidence with navigating virtual platforms, gathering medication information, and working with interpreters.

Fingerprint error rate on close non-matches.

The accuracy of fingerprint identifications is critically important to the administration of criminal justice. Accuracy is challenging when two prints from different sources have many common features and few dissimilar features. Such print pairs, known as close non-matches (CNMs), are increasingly likely to arise as ever-growing databases are searched with greater frequency. In this study, 125 fingerprint agencies completed a mandatory proficiency test that included two pairs of CNMs. The false-positive error rates on the two CNMs were 15.9% (17 out of 107, 95% C.I.: 9.5%, 24.2%) and 28.1% (27 out of 96, 95% C.I.: 19.4%, 38.2%), respectively. These CNM error rates are (a) inconsistent with the popular notion that fingerprint evidence is nearly infallible, and (b) larger than error rates reported in leading fingerprint studies. We conclude that, when the risk of CNMs is high, the probative value of a reported fingerprint identification may be severely diminished due to an elevated false-positive error risk. We call for additional CNM research, including a replication and expansion of the present study using a representative selection of CNMs from database searches.

Forensic bitemark identification: weak foundations, exaggerated claims.

Several forensic sciences, especially of the pattern-matching kind, are increasingly seen to lack the scientific foundation needed to justify continuing admission as trial evidence. Indeed, several have been abolished in the recent past. A likely next candidate for elimination is bitemark identification. A number of DNA exonerations have occurred in recent years for individuals convicted based on erroneous bitemark identifications. Intense scientific and legal scrutiny has resulted. An important National Academies review found little scientific support for the field. The Texas Forensic Science Commission recently recommended a moratorium on the admission of bitemark expert testimony. The California Supreme Court has a case before it that could start a national dismantling of forensic odontology. This article describes the (legal) basis for the rise of bitemark identification and the (scientific) basis for its impending fall. The article explains the general logic of forensic identification, the claims of bitemark identification, and reviews relevant empirical research on bitemark identification-highlighting both the lack of research and the lack of support provided by what research does exist. The rise and possible fall of bitemark identification evidence has broader implications-highlighting the weak scientific culture of forensic science and the law's difficulty in evaluating and responding to unreliable and unscientific evidence.

A normality bias in legal decision making.

It is important to understand how legal fact finders determine causation and assign blame. However, this process is poorly understood. Among the psychological factors that affect decision makers are an omission bias (a tendency to blame actions more than inactions [omissions] for bad results), and a normality bias (a tendency to react more strongly to bad outcomes that spring from abnormal rather than normal circumstances). The omission and normality biases often reinforce one another when inaction preserves the normal state and when action creates an abnormal state. But what happens when these biases push in opposite directions as they would when inaction promotes an abnormal state or when action promotes a normal state? Which bias exerts the stronger influence on the judgments and behaviors of legal decision makers? The authors address this issue in two controlled experiments. One experiment involves medical malpractice and the other involves stockbroker negligence. They find that jurors pay much more attention to the normality of conditions than to whether those conditions arose through acts or omissions. Defendants who followed a nontraditional medical treatment regime or who chose a nontraditional stock portfolio received more blame and more punishment for bad outcomes than did defendants who obtained equally poor results after recommending a traditional medical regime or a traditional stock portfolio. Whether these recommendations entailed an action or an omission was essentially irrelevant. The Article concludes with a discussion of the implications of a robust normality bias for American jurisprudence.

Diminished CD10, CD13, and CD15 expression in a differentiated granulocyte population in CML.

Flow cytometric analysis of cluster of differentiation (CD) markers of myeloid cells has been used in conjunction with cell morphology to diagnose chronic myelogenous leukemia (CML). In the present study, 16 cases of CML were studied for levels of expression of myeloid markers CD15, CD13, CD33, and CALLA, i.e., CD10 which is also expressed on mature granulocytes. In 11 (68.8%) of 16 cases, a differentiated granulocyte population was detected that showed decreased expression of both CD10 and CD13. CD10 was found to be negative in 1 (6.3%) case and showed decreased expression in 10 (62.5%) of the cases. CD13 showed decreased expression in 11 (68.8%) of the 16 cases. Of the 15 cases analyzed for CD15, 2 (13.3%) were negative and 6 (40%) showed decreased expression. Of the 11 cases which showed simultaneous diminished expression of CD10 and CD13, 8 (72.7%) also showed decreased expression of CD15. Of the antigens studied, CD33 was the only one to be consistently expressed at normal levels, i.e., 13 (81.3%) cases demonstrated normal expression. Therefore, these results point to frequently decreased expression levels of CD10, CD13, and CD15 and rarely decreased expression levels of CD33 in association with CML.

Mock jurors' reactions to selective presentation of evidence from multiple-opportunity searches.

Prior to trial, litigants sometimes conduct broad investigations in which there are multiple opportunities to find supportive evidence by chance alone. During trial, litigants may selectively present only the most helpful evidence uncovered by their investigations. Two experiments examined whether mock jurors appreciate that the evidence they hear at trial may be a selective and unrepresentative sample of underlying facts. The data suggest that people do understand the significance of multiple-opportunity searches for legal inference. However, they may not consider the possibility that evidence was strategically selected from a larger sample space of facts unless that sample space is identified.

The immunophenotype of pre-TALL/LBL revisited.

Flow cytometric analysis of cluster of differentiation (CD) markers in abnormal lymphocyte populations is crucial in the diagnosis of precursor T cell acute lymphoblastic leukemia (T-ALL)/lymphoblastic lymphoma (LBL). The World Health Organization (WHO) suggested immunophenotype for pre-T ALL/LBL typically includes the expression of TdT, cCD3, and CD7, while CD2, CD3, CD4, CD5, CD8, and CD10 are variably expressed. The myeloid antigens CD13 and CD33 are usually positive, whereas CD117 and cCD79a are infrequently expressed. Furthermore, there is frequent dual expression of CD4 and CD8. In the present investigation, 19 cases of pre-TALL/LBL were analyzed for selected CD marker expression. Fifteen of 19 cases studied were evaluated for TdT, cCD3, and cCD79a expression. Eleven (73.3%) positively expressed TdT, 15 (100%) positively expressed cCD3, and 9 (60%) positively expressed cCD79a. Of the 17 cases analyzed for CD7, CD5, and CD10 expression, CD7 and CD5 were positive in all 17 (100%) cases, whereas CD10 was positive in 8 (47.1%) cases. Of the 18 cases evaluated for CD2, CD3, CD4, CD8, and dual expression of CD4 and CD8, CD2 was expressed in 14 (77.8%), while CD3 was expressed in 7 (38.9%) cases. CD4 was positive in 11 (61.1%), and CD8 was expressed in 9 (50%). Dual expression of CD4 and CD8 occurred in only 4 (22.2%) of the cases. Of the 16 analyzed for CD13, CD33, and CD117, only 1 case (6.3%) expressed CD13, while 2 (12.5%) cases expressed CD33 and CD117. Thus, these data point to the need for a more extensive study to reevaluate the current WHO defined immunophenotype used in the diagnosis of pre-TALL/LBL.

Antigenic transformation in plasma cell dyscrasia.

The WHO immunophenotype for plasma cell myeloma is deletion of CD19 and CD20, usual expression of CD38, CD138, and CD56, and occasional expression of CD10. Of the 39 cases of plasma cell dyscrasia in our study, the mean fluorescence intensities (MFI) of CD38, CD138, CD56, and CD19 were quantified in 30 cases. CD19 was absent in 38 of the cases (97.4%), whereas CD138 and CD38 were expressed in all 39 cases (100%). Most cases expressed CD38 and CD138 brightly with MFI values greater than 501, whereas all other marker expression was moderate with MFI greater than 301. Whereas CD38/CD56 dual expression was observed in 25 cases (64.1%), 14 failed to express CD56 (35.9%). CD56 expression was bright in 16 cases (53.3%), moderate in 2 cases (6.7%), and negative in the remaining 12 cases (40%) with MFI values of 200 or less. CD117 expression was positive in 9 of 24 cases (37.5%). In 32 of 39 cases, 27 were negative for CD20 (84.4%) and 28 were negative for CD10 (87.5%). Our results point to the value of quantitative fluorescence intensity in the flow cytometric evaluation of CD molecular expression or deletion in the diagnosis of hematopathologic disorders, such as plasma cell dyscrasia.

The coming paradigm shift in forensic identification science.

Converging legal and scientific forces are pushing the traditional forensic identification sciences toward fundamental change. The assumption of discernible uniqueness that resides at the core of these fields is weakened by evidence of errors in proficiency testing and in actual cases. Changes in the law pertaining to the admissibility of expert evidence in court, together with the emergence of DNA typing as a model for a scientifically defensible approach to questions of shared identity, are driving the older forensic sciences toward a new scientific paradigm.

The misquantification of probative value.

D. Davis and W. C. Follette (2002) purport to show that when "the base rate" for a crime is low, the probative value of "characteristics known to be strongly associated with the crime ... will be virtually nil." Their analysis rests on the choice of an arbitrary and inopposite measure of the probative value of evidence. When a more suitable metric is used (e.g., a likelihood ratio), it becomes clear that evidence they would dismiss as devoid of probative value is relevant and diagnostic.

Thinking about low-probability events. An Exemplar-Cuing theory.

The way people respond to the chance that an unlikely event will occur depends on how the event is described. We propose that people attach more weight to unlikely events when they can easily generate or imagine examples in which the event has occurred or will occur than when they cannot. We tested this idea in two experiments with mock jurors using written murder scenarios. The results suggested that jurors attach more weight to the defendant's claim that an incriminating DNA match is merely coincidental when it is easy for them to imagine other individuals whose DNA would also match than when it is not easy for them to imagine such individuals. We manipulated the difficulty of imagining such examples by varying the description of the DNA-match statistic. Some of the variations that influenced the jurors were normatively irrelevant.