SUPREME COURT HEARS FORENSIC TESTIMONY CONFRONTATION ARGUMENT

On December 6 2011 the US Supreme Court heard oral arguments in the case of Williams v. Illinois. The issue before the court is whether or not the Sixth Amendment clause guaranteeing the right of the accused to confront witnesses against them apply to forensic analysis evidence. Previous to this case and post Melendez-Diaz, some jurisdictions had analysts other than the one performing the examination testify to the results in court. Proponents for the defense argue that it is their client's right to have the original analyst present for confrontation and cross examination, while the State of Illinois and others argue that this places an unfair and expensive burden on the state to supply original witness-analysts at every hearing.

The Supreme Court is expected to publish their ruling on this issue prior to the Summer 2012 recess. A transcript of the oral argument (PDF format) is available here.

AFGHAN POLICE LEARN MODERN FORENSICS

From SPC Ken Scar, US Army

Afghanistan took another big step toward autonomy Nov. 29 with the opening of the Afghan Criminal Techniques Academy and Laboratory.

The ACTA will train Afghan law enforcement officers in the forensic disciplines, which to this point have not been widely practiced in the Afghan justice system. The ACTA will teach essential techniques like fingerprinting, forensic photography, and firearms/tool marking and will eventually include instruction in the most modern technological and chemical evidence testing such as DNA processing.

“We will be able to find criminals and bring them to justice [with this forensic capability],” said Mohammad Shafiq, a member of the Afghan National Police who will be an instructor at the ACTA. “It will also help [Afghan citizens] be more confident in their police system.”

Initially, the academy’s instructors will be from the U.S., but over time Afghan law enforcement professionals will work as assistant instructors.

To make that transition as trouble-free as possible, the 10-week program at the ACTA will be supplemented by American experts embedded in Afghan National Police offices in each region of the country, guiding ACTA graduates through their first year of work.

“We’ll mentor these guys and make sure there aren’t any mistakes being made and that the product going out is accurate,” said Jon Eizinger, a U.S. civilian forensic specialist who will train instructors for the ACTA. “It’s a safety net that’s built in to make sure this goes smoothly and that these guys develop until they are able to be self-sufficient.”

The technology and knowledge provided by the new academy will greatly improve the credibility of Afghanistan’s criminal justice system, said Afghan National Army Col. Said Rahmatullah Quraishi, who is the ANP Assistant Director of Criminal Technique.

“In the old system the judges projected their opinion on cases because we didn’t have [forensic] technology,” said Quaraishi. “With this new ability [to present hard evidence] they will not be able to do that.”

The ACTA will play a pivotal part in Afghanistan’s transition from a judicial system where the burden of proof lies on the accused to one where a person is considered innocent until proven guilty.

Many Afghan citizens have been skeptical of their new government’s justice system, said Shafiq, but the new abilities to present evidence at trials, provided by ACTA schooling, will go a long way toward turning the tide of opinion.

“Now the people can have a lot more trust in us,” he said.

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