Judicial gatekeeping: use of scientific standards & forensic expert qualification in Oklahoma

Abstract

With the continued issue of wrongful conviction due to the misapplication of forensicscience, it is imperative that the judicial gatekeeper role is continuously analyzed for effectiveness. Improvements in forensic science have been made through the development and implementation of scientific standards by the National Institute of Standards and Technology (NIST). The Daubert legal standard for admissibility of expert testimony requires that judges consider application of standards and controls to gauge reliability of the scientific expert. However, no previous research has directly examined whether or not judges consider scientific standards adherence during forensic expert qualification, or if judges are trained to do so. This research surveyed 35 Oklahoma district court judges that preside over criminal court dockets. The judges were surveyed regarding their training in forensics, their access to forensic resources, their familiarity with forensic scientific standards, their use of scientific standards while qualifying a forensic expert, and their perceived importance of using standards during expert qualification. The results demonstrated that forensic education is most commonly attained through continuing legal education courses with almost all participants believing that further training and more accessible resources are necessary for their judicial role. Moreover, a majority of participating judges indicated that it is important to consider scientific standards under Daubert, however they do not believe they have sufficient access to information on scientific standards. With the results from this research, efforts can be made to develop and improve the forensic science education and training available for judicial officers and other legal professionals in the state of Oklahoma. Creating more accessible resources to strengthen the communication between the forensic practitioner and the legal community could potentially benefit the justice system by lessening the instance of wrongful conviction.