STRENGTHENING FORENSIC SCIENCE IN THE UNITED STATES: A PATH

STRENGTHENING FORENSIC SCIENCE IN THE UNITED STATES: A PATH FORWARD The Future of Forensic Science John Marshall Law Center, Cleveland, OH 19 March 2009 Jay A. Siegel, Ph.D. Director – Forensic and Investigative Sciences Program IUPUI, Indianapolis, IN

MAJOR RECOMMENDATION Recommendation 1: – To promote the development of forensic science into a mature field of multidisciplinary research and practice, founded on the systematic collection and analysis of relevant data, Congress should establish and appropriate funds for an independent federal entity, the National Institute of Forensic Science (NIFS). – NIFS should have a full-time administrator and an advisory board with expertise in research and education, the forensic science disciplines, physical and life sciences, forensic pathology, engineering, information technology, measurements and standards, testing and evaluation, law, national security, and public policy.

MAJOR RECOMMENDATION Recommendation 1 (Cont.): – NIFS should focus on: establishing and enforcing best practices for forensic science professionals and laboratories; establishing standards for the mandatory accreditation of forensic science laboratories and the mandatory certification of forensic scientists and medical examiners/forensic pathologists —and identifying the entity/entities that will develop and implement accreditation and certification; promoting scholarly, competitive peer-reviewed research and technical development in the forensic science disciplines and forensic medicine; developing a strategy to improve forensic science research and educational programs, including forensic pathology;

MAJOR RECOMMENDATION Recommendation 1 (Cont.): establishing a strategy, based on accurate data on the forensic science community, for the efficient allocation of available funds to give strong support to forensic methodologies and practices in addition to DNA analysis; funding state and local forensic science agencies, independent research projects, and educational programs as recommended in this report, with conditions that aim to advance the credibility and reliability of the forensic science disciplines; overseeing education standards and the accreditation of forensic science programs in colleges and universities; developing programs to improve understanding of the forensic science disciplines and their limitations within legal systems; and assessing the development and introduction of new technologies in forensic investigations, including a comparison of new technologies with former ones.

BEST PRACTICES AND STANDARDS Recommendation 4: – To improve the scientific bases of forensic science examinations and to maximize independence from or autonomy within the law enforcement community, Congress should authorize and appropriate incentive funds to the National Institute of Forensic Science (NIFS) for allocation to state and local jurisdictions for the purpose of removing all public forensic laboratories and facilities from the administrative control of law enforcement agencies or prosecutors’ offices.

QUALITY CONTROL, ASSURANCE, AND IMPROVEMENT Recommendation 7: – Laboratory accreditation and individual certification of forensic science professionals should be mandatory, and all forensic science professionals should have access to a certification process. – In determining appropriate standards for accreditation and certification, the National Institute of Forensic Science (NIFS) should take into account established and recognized international standards, such as those published by the International Organization for Standardization (ISO). – No person (public or private) should be allowed to practice in a forensic science discipline or testify as a forensic science professional without certification. – Certification requirements should include, at a minimum, written examinations, supervised practice, proficiency testing, continuing education, recertification procedures, adherence to a code of ethics, and effective disciplinary procedures. – All laboratories and facilities (public or private) should be accredited, and all forensic science professionals should be certified, when eligible, within a time period established by NIFS.

CODES OF ETHICS Recommendation 9: – The National Institute of Forensic Science (NIFS), in consultation with its advisory board, should establish a national code of ethics for all forensic science disciplines and encourage individual societies to incorporate this national code as part of their professional code of ethics. – Additionally, NIFS should explore mechanisms of enforcement for those forensic scientists who commit serious ethical violations. – Such a code could be enforced through a certification process for forensic scientists.