November 13, 2017By Brian Manchester
Here at Manchester and Associates we take a multi-layer approach to every case that we handle. In addition to the traditional legal approach by looking at the given facts and comparing them to the laws we look deeper into the actual science involved in every case; from DUI testing, to Drug testing, to crime scene recreations, and forensic computer analysis, just to name a few areas. Science plays a key in how we view a case and advise our clients.
The Courts have their process to look at how science is involved in the legal field but this process is problematic to say the least. Our US Supreme Court Justice has stated that Lawyers and Judges often do not have the background to correctly assess data, scientific research, or technology. This is true most Lawyers and Judges have no idea what the science is behind many different kinds of evidence and take the evidence at face value. This can be very dangerous to the Defendant’s involved in these cases. The Courts and Judges who do not like science typically say well this is how we have always done it. I say to that just because you have done something wrong for decades does not make it right. Bite-mark analysis, microscopic hair comparison, and arson evidence have all been discredited and lack scientific foundation, but people have been convicted and have gone to jail because “experts” testified that this evidence was solid. People have been put to death over bad science, overzealous prosecutors, and “experts” who care more about getting the win then the true science of the evidence. Because of this a lot of junk science has been getting to our Courtrooms. This evidence must be challenged through start and through legal and scientific representation.
Recently a New York Court released the source code for the District Attorney’s office in their DNA analysis process. This type of access to the evidence is exactly what we need to do in the Court systems that will allow for proper criticism of the evidence to make sure that what they are claiming is accurate and true. However this source code is no longer being used by the DA office as it was phased out at the beginning of the year. But it is a start in forcing companies to provide through details in how they are formulating their conclusions and not hiding behind trade secrets. The science behind a piece of evidence can be just as valuable as the law, when being used in the right way.
It is extremely important to contact an experienced law firm right away in you or someone you know is charged with a crime in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation, we can be contacted at 1-800-243-4878.