Scientific and Legal Developments in Fire and Arson Investigation Expertise in Texas v. Willingham
The forensic sciences, as a form of professional knowledge, are changing with new advancements in technology and continuing research and development. With the National Academy of Science's recent call for more research and testing of the forensic sciences, the criminal justice system is faced with the challenges of handling cases where convictions are based on outdated or discredited evidence. In light of technological advancements in the field, this article examines the evolution of fire- and arson-investigation knowledge over the course of a highly publicized capital murder case. The history of arson investigation is discussed, as is the legal admissibility of such expert testimony. Arson investigation expertise stems from non-scientific or experience-based origins, yet is conveyed in court as scientific fact. The article identifies the dangers of admitting such testimony into court without scrutiny. The lack of scientific validation of investigative methods, overreaching scientific claims based on case facts and witness statements, and fire investigators' susceptibility to contextual bias are discussed. The article raises questions as to whether and how the legal system has propagated the misuse of arson investigation testimony and how outdated understandings of evidence may impact the identification of future miscarriages of justice.
Innocence, Harmless Error, and Federal Wrongful Conviction Law
This Article examines the body of law emerging in cases brought by former criminal defendants once exonerated, often through DNA testing, which may fundamentally reshape our criminal justice system. Federal wrongful conviction actions share a novel construction - they rely on criminal procedure rights incorporated as an element in a civil rights lawsuit. During a criminal trial, remedies for violations of procedural rights are often seen as truth defeating, because they exclude evidence possibly probative of guilt. In a civil wrongful conviction action, that remedial paradigm is reversed. The exonerated defendant instead seeks to remedy government misconduct that was truth defeating and concealed evidence of innocence. This Article contends that in a civil case, the harmless error rules that limit remedies for violations of criminal procedure rights do not apply. Further, though not generally recognized as such, the Supreme Court has created internal harmless error rules to accompany each of the relevant fair trial claims: the Brady v. Maryland right to have exculpatory evidence disclosed; the right to effective assistance of counsel; the right to be free from suggestive eyewitness identification procedures; and the right not to be subject to a coerced confession. Civil claims suggest the transformative result that for each right, harmless error insulation is stripped away. This Article concludes by reflecting on how wrongful conviction suits may spearhead wide-ranging reform of our criminal justice system and renew substantive development of the constitutional right to a fair trial.
Improved culture method for the isolation of Histoplasma capsulatum and Blastomyces dermatitidis form contaminated specimens.
Studies were performed to evaluate a method for selective isolation of Histoplasma capsulatum and Blastomyces dermatitidis from contaminated specimens. Ammonium hydroxide placed on an agar medium surface was found to inhibit the growth of many bacteria, yeasts, and saphrophytic fungi normally found in specimens such as animal tissues and sputum. In one study involving the culture of B. dermatitidis from canine tissues, 24% more isolations were obtained on a medium using NH4OH compared with a similar medium. Increases in the isolation of H. capusulatum from sputum specimens were also obtained, ranging from 20 to 32% compared with four other media without NH4OH.