Analysis of errors in forensic science

Abstract

Reliability of expert testimony is one of the foundations of judicial justice. Both expert bias and scientific errors affect the reliability of expert opinion, which in turn affects the trustworthiness of the findings of fact in legal proceedings. Expert bias can be eliminated by replacing experts; however, it may be more difficult to eliminate scientific errors. From the perspective of statistics, errors in operation of forensic science include systematic errors, random errors, and gross errors. In general, process repetition and abiding by the standard ISO/IEC:17025: 2005, general requirements for the competence of testing and calibration laboratories, during operation are common measures used to reduce errors that originate from experts and equipment, respectively. For example, to reduce gross errors, the laboratory can ensure that a test is repeated several times by different experts. In applying for forensic principles and methods, the Federal Rules of Evidence 702 mandate that judges consider factors such as peer review, to ensure the reliability of the expert testimony. As the scientific principles and methods may not undergo professional review by specialists in a certain field, peer review serves as an exclusive standard. This study also examines two types of statistical errors. As false-positive errors involve a higher possibility of an unfair decision-making, they should receive more attention than false-negative errors.