Forensic+Oversight

 Forensic oversight is basically how people are wrongly convicted based on evidence that is either fabricated, not gathered properly, and evidence that is not subjected to enough scientific evaluation. In more then half of the cases of DNA exoneration unvalidated or improper forensic science contributed to the wrongful conviction. Much of these problems could have been prevented by taking proper measures to ensure that the forensic process was carried out but some of it was because of the lack of technology available. There are standards out now that make certain requirements for evidence in the forensic science area. In 2004 the Justice for All Act was passed and signed by President bush. This Act says states have to oversee all things that are taking place in their crime labs if they are receiving federal funding. The law also requires that jurisdictions which are seeking federal funding need to identify independent, external government entities and be able to properly process things to conduct investigations of negligence or misconduct with forensic results.

Some facts: There have been 234 post-conviction DNA exoneration's in the United States. • The first DNA exoneration took place in 1989. Exoneration's have been won in 33 states; since 2000, there have been 169 exoneration's. • 17 of the 234 people exonerated through DNA served time on death row. • The average length of time served by exonerees is 12 years. The total number of years served is approximately 2,899. • The average age of exonerees at the time of their wrongful convictions was 26.

Races of the 234 exonerees: 140 African Americans 64 Caucasians 20 Latinos 1 Asian American 9 whose race is unknown

• The true suspects and/or perpetrators have been identified in 92 of the DNA exoneration cases. • Since 1989, there have been tens of thousands of cases where prime suspects were identified and pursued—until DNA testing (prior to conviction) proved that they were wrongly accused. • In more than 25 percent of cases in a National Institute of Justice study, suspects were excluded once DNA testing was conducted during the criminal investigation (the study, conducted in 1995, included 10,060 cases where testing was performed by FBI labs). • About half of the people exonerated through DNA testing have been financially compensated. 25 states, the federal government, and the District of Columbia have passed laws to compensate people who were wrongfully incarcerated. Awards under these statutes vary from state to state. Lee

Cases:

James Richardson:

James Richardson's case was one of many that was overturned after Fred Zain, formerly of the West Virginia State Police crime laboratory, was investigated for a string of false criminal convictions in which his testimony or credentials were falsified.

Richardson received $2 million from the state Board of Risk and Insurance Management to settle his claims against the State Police and Kanawha County, where he was convicted for the 1989 rape and murder of a Cross Lanes neighbor and then setting her home on fire. At the time of the crime, Richardson actually helped save a young girl from the fire, but was later named the perpetrator.

At trial, Fred Zain testified incorrectly that serological testing on semen from the crime scene linked Richardson to the crime and excluded three other suspects.His testimony was erroneous because he failed to note that the victim's blood group markers could have "masked" the perpetrator's and no potential perpetrator could be excluded through serology. The jury handed down a James Richardson sentence of life imprisonment without parole based, in large part, on Zain's testimony. In 1996, DNA testing proved Zain wrong, and led to the vacating of Richardson's conviction. The state did not retry him.

Richardson was released to home confinement in 1996 after his conviction was set aside. In 1998, he was released from home confinement. In July 1999, all charges against Richardson were formally dismissed.

Walter Snyder:

Walter Snyder was convicted and sentenced to forty-five years in prison for rape, sodomy, and burglary. In 1985, the victim was attacked in her home by an assailant that broke in her door. She identified Snyder, who lived across the street, in a show up. In the course of investigation, the police found red shorts that were similar to the assailant's. There were also police claims that Snyder confessed. Only Snyder's mother could confirm his whereabouts at the time and conventional serology failed to exclude him as the perpetrator.

Working with the Innocence Project, Snyder's evidence was sent to the Center for Blood Research in 1992, after prosecutors agreed to testing. The DNA report excluded Snyder as a possible depositor of the spermatozoa found on the vaginal swab. The laboratory repeated the test at the prosecution's request, with the Innocence Project's agreement. The results were the same. Afterward, the FBI looked at the results and confirmed the methods used.

The prosecution joined with the Innocence Project in seeking a gubernatorial pardon for Snyder. An absolute pardon was granted in April 1993. The court subsequently expunged his record.

Innocents