DOJ/FBI Admit They May Have Abused Hair Analysis To Convict Hundreds To Thousands Of Innocent People
from the our-doj-at-work dept
I've mentioned in the past how my eyes were opened as to how the Justice Department prosecutes various criminal cases after seeing a powerful documentary called Better This World, which detailed (in part) the prosecution against two teens for supposedly planning to plant some bombs at a political convention. While the two teens are hardly innocent, the ridiculous tactics pulled by the US Attorneys' office and the FBI in pressuring them into a plea bargain made it clear that for the DOJ, it's never about justice, but about winning. And that can be a bit dangerous when you're the guys with the most guns and you get to make up many of the rules as you go along.So while this following bit of news is horrifying, it's not that surprising: late last week, it was revealed that the DOJ/FBI have more or less admitted that they may have abused microscopic hair analysis in over 2,000 cases, leading to many convictions and a few people already put to death. Apparently over 120 convictions, including 27 death penalty convictions are now seen as suspect due to the questionable analysis -- with more likely on the way.
The main issue was that the DOJ more or less lied about what hair analysis meant, and how accurate it is (it's not that accurate). Also, when the DOJ realized this rather serious issue likely led to many false convictions, it started telling prosecutors only, but not defense attorneys.
The FBI began reviewing a few hundred cases, but notified only prosecutors of flaws, with the Department of Justice claiming they were not required to inform defendants or their lawyers. In more than half of the 250 cases in which errors were initially identified, prosecutors never contacted defendants to inform them of the potentially exonerating evidence. The DOJ since expanded its review to involve thousands of older cases from the 1980s and 1990s.There's been plenty of talk lately about DNA evidence exonerating falsely convicted persons, and according to the Innocence Project, a large number of those false convictions were due to bogus hair analysis by the DOJ:
Of 310 individuals exonerated through DNA evidence, according to an Innocence Project database, 72 were convicted in part because of microscopic hair evidence.Basically, the key issue seems to be that hair is not a unique match -- that is, it's not like DNA or a fingerprint or something. It can suggest some information about the type of person, but that's about it. Yet, the DOJ regularly used it in cases to suggest that it was a "perfect match" implying that hair analysis was no different than, say, a fingerprint.
Some died before they could be exonerated.
While the DOJ has now agreed to review thousands of cases, including informing defendants of the possible flaws, it will also "waive deadlines and procedural hurdles that typically make it difficult to challenge convictions." Finally, the FBI has agreed " to provide DNA testing to every defendant whose case involves evidence deemed flawed by the FBI." That's a pretty big deal, showing that at least someone in the DOJ and the FBI realized just how absolutely massive a screwup this has been for decades.
While the FBI is trying to downplay the significance of this, their actions suggest they realize how spectacularly they screwed up:
“There is no reason to believe the FBI Laboratory employed ‘flawed’ forensic techniques,” FBI Special Agent Ann Todd, a spokeswoman for the bureau, said in an email. “The purpose of the review is to determine if FBI Laboratory examiner testimony and reports properly reflect the bounds of the underlying science.”Riiiiight. You don't agree to DNA tests for so many people if you're just confirming that the FBI didn't exaggerate here or there. This revelation is quite the black eye for the DOJ and shows, yet again, how a focus on "winning" over actual justice distorts the incentives.
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Filed Under: convictions, doj, fbi, hair analysis, innocence, us attorneys
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Sigh,,,
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Re: Sigh,,,
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I read that after 2004 Canada had trouble with a lot of anti-Bush Americans moving to Canada illegally moving to Canada without even applying for citizenship first, because they couldn't take 4 more years of Bush.
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Seriously, does no-one in the US actually know what Communism, Fascism or any other -ism is?
These are the same people who say that atheism is a religion, but Islam isn't.
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Btw. Looking through a microscope to determine if hair is from the same source is a bit naive to use as an important piece of evidence. It is circumstancial at best.
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Re: IldGeezer
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Hair = Blood Type
Hair samples appear to do the same; eliminate suspects only. If one's hair matches the hair at the scene guilt can not be assumed. But it should cause a more thorourgh investigation.
Something unique like fingerprints or DNA (no identical twins) places a specific individual at the scene. Strictly speaking this evidence may not prove guilt (depends on exactly where the evidence was found) but certainly requires a very good reason why the fingerprints or DNA were found.
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FBI ==
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DOJ
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Re: DOJ
FBI is a part of the DOJ.
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Make an assembly by the people.
continue the assembly despite a ban,
take over the prison,
let the higher class flee,
let the women win the war
and bring forth the guillotine for the aftermath.
It is a true and tested method.
The success-rate is likely higher than judicial scholars getting jailed for nothing more than basically lying. Hell, if you banned lawyers for lying, their mere existance would be a conundrum.
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Defensive straw man
Well, that's nice, but entirely beside the point. This statement is a blatant attempt at distraction.
The takeaway I got from this story is not that the forensic techniques themselves were flawed, but that they were misrepresented in court. The DOJ is trying to change the argument to one where they're likely on very solid ground, as the lab itself probably did the right thing.
It's a sleazy tactic by the DOJ.
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Re: Defensive straw man
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of course they are. none of them are sitting in prison, convicted of a crime they didn't commit!
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Re: william R.Davies 111211
I have had a number of my friends who are lawyer read his case and shake their head how could he has been sentence to life in prison. In is trial paper he did not kill anyone. If some one in the right mind would read his case can see he is not guilty ,but they gave him life at the age of 18.We tried everything but no one will take time to see his case. He is a Canadian .His family is in Canada. Please do say none of them are sitting in prison, convicted of a crime they didn't commit, Look up his case and read and see if you will say none of them
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The Onion already explained this
http://www.theonion.com/articles/texas-executes-393rd-guilty-prisoner,32985/
Only problem, of course, is that Texas has executed 500 inmates. “As of today, Texas leads all states with its 500 total executions, 393 of whom were guilty individuals, and 98 executions of prisoners who they’re fairly certain were guilty.” Cole noted, however, that Texas was tied with Florida for the most executions that, in retrospect, they weren’t all that sure about, with nine apiece.
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Re: The Onion already explained this
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... Time Extortion
Six months or thirty years, the choice is yours.
To me that says - we don't have a good case, however if you fight us we'll use every dirty trick possible to destroy the next thirty years of your life.
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People need to understand the government are human
Everyone wants to win. People need to stop treating government entities like machines and produce results, and instead like the collection of flawed, selfish human beings they are.
Stop giving more power than absolutely necessary. It will always be abused.
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Re: People need to understand the government are human
Perhaps, but believe it or not, there are people who define "win" as "doing what's right," "finding the truth," and "bringing about justice."
The DOJ appears not to use any of those definitions.
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Fingerprints
The commonly-accepted idea that each person's fingerprints are unique has not been proven. Beyond that, the criteria used to declare a "100% match" vary from examiner to another. There is also no uniform standard for validating expertise in fingerprint analysis.
This article www.washingtonpost.com/wp-dyn/articles/A64711-2004May28.html and numerous studies have raised concerns about reliance on fingerprint analysis.
So... in terms of "scientific" evidence, I'd say fingerprint identification ranks above polygraph testing but far far below DNA (assuming of course that DNA testing is done properly using acceptable and non-contaminated samples).
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Re: Fingerprints
Well, since polygraph testing is actually worthless for determining whether someone is speaking truthfully or not, that's a given.
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My point exactly. :-)
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hair analysis
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been corrupted a long time...
they are scum, with a smattering of idiotic boy scouts who don't know shit about shit, a *bunch* of fools and tools, and a few psychotics to do the dirty work...
the feebs are nothing but goons for the state-run dis-organized crime units...
art guerrilla
aka ann archy
eof
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DOJ/FBI
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It's not just the FBI and DOJ that do this, local prosecutors do it as well. I personally know a woman who was pressured into taking a plea bargain for something that wasn't her fault. She was threatened with so many charges and so much jail time, that she felt she had no other option. Plus she only had a crappy public defender for a lawyer.
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They didn't take on Wall Street because they couldn't be sure it was a slam dunk, despite piles of evidence. They opted not to. So to boost their win ratio and get better salary and bonuses they go after the low hanging fruit.
Gameification of the legal system has lead to the high court/low court we aren't supposed to have.
The US has finally reached that level they publicly call out in other countries, it really is time for change and if they refuse it is time for revolution.
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Hey, I got an idea...
I've got an idea...how about we make willful concealment of possibly-exculpatory evidence a felony?
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Re: Hey, I got an idea...
Why yes there is a set of rules requiring them to turn over that evidence... shame they haven't investigated, disciplined, or tried anyone for violating that DoJ rule.
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art guerrilla
aka ann archy
eof
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fingerprints are not conclusive identification
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i think stpudpeople.com is taken
ITS YOUR PROBLEM SOLVE IT. DONT COME HERE AND START IT OVER AGAIN.
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@50
i suggest you retards go look up what you think is communism and see your fascism for what it really is.
have a nice day ( saluts your police, military and corporate fascist pig overlords. )
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