Forensic “science” often plays a key role in criminal prosecutions. Because of the “CSI Effect” prosecutors seek out the forensic evidence jurors expect to hear. But how much science is really behind the disciplines that were developed in crime labs and not in university or medical institutions?

To appreciate the limits and weaknesses of forensic evidence we must understand the role of empirical testing and peer review in establishing the scientific validity of a particular method or technique.

In the first part of this course, we will explore the building blocks of the scientific method:
• Empirical testing – what counts as testing and what doesn’t?
• Study design – what works and what doesn’t.
• Data interpretation – what’s cheating and what isn’t.
• Measurement uncertainty – nothing is certain.
• Error rates – if they get it wrong 1 in 20 tries shouldn’t the jury know that?
• Internal validation, proficiency testing and cognitive bias – is your lab doing it right?

In the second part of the course we will use this knowledge to improve your challenges to the admissibility of forensic evidence. Focusing on the admissibility standard in your jurisdiction we will:
• Articulate how foundational validity and validity as applied relate to your admissibility standard.
• Develop strategic motions.
• Develop an approach to use when interviewing an examiner
• Prepare the introduction to a motion
• Learn to respond to common prosecution arguments.