Junk science and the American criminal justice system

M. Chris Fabricant

Book - 2022

"From CSI to Forensic Files to the celebrated reputation of the FBI crime lab, forensic scientists have long been mythologized in American popular culture as infallible crime solvers. Juries put their faith in "expert witnesses" and innocent people have been executed as a result. Innocent people are still on death row today, condemned by junk science. In 2012, the Innocence Project began searching for prisoners convicted by junk science, and three men, each convicted of capital murder, became M. Chris Fabricant's clients. Junk Science and the American Criminal Justice System chronicles the fights to overturn their wrongful convictions and to end the use of the "science" that destroyed their lives. Weaving toget...her courtroom battles from Mississippi to Texas to New York City and beyond, Fabricant takes the reader on a journey into the heart of a broken, racist system of justice and the role forensic science plays in maintaining the status quo. At turns gripping, enraging, illuminating, and moving, Junk Science is a meticulously researched insider's perspective of the American criminal justice system. Previously untold stories of wrongful executions, corrupt prosecutors, and quackery masquerading as science animate Fabricant's true crime narrative." --

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Subjects
Published
Brooklyn, New York : Akashic Books [2022]
Language
English
Main Author
M. Chris Fabricant (author)
Physical Description
359 pages, 8 unnumbered pages of plates : illustrations (some color) ; 24 cm
Bibliography
Includes bibliographical references (pages 335-[360]).
ISBN
9781636140308
  • Part I. Virginia V. Keith Allen Harward & The Rise of Junk Science
  • 1. Junk Science and the American Criminal Justice System
  • 2. The Dentist as Forensic Scientist
  • 3. Credentials, Case Law, and Ted Bundy
  • 4. Virulence
  • 5. Lethal Nonsense
  • 6. Junk Science in the Supreme Court
  • 7. Life, Liberty, and Daubert
  • Part II. Texas V. Steven Mark Chaney & The DNA Revolution
  • 1. The Innocence Project
  • 2. The National Academy of Sciences Hearings
  • 3. Steven Chaney's Path Forward
  • 4. The Thirty-Eight Words that Moved the Junk Science Debate into Criminal Courts
  • 5. The Principle of Finality in the Age of Mass Incarceration
  • 6. Denying Innocence
  • 7. Executing the Innocent
  • 8. Steven Chaney, Back on the Chain
  • 9. Status Quo
  • Part III. Mississippi V. Eddie Lee Howard & A Junk Science Reckoning (Of Sorts)
  • 1. A Junk Science Recall
  • 2. The First Shots of the Bite Mark Wars
  • 3. Steven Chaney's New Lawyers
  • 4. Keith Harward's Lost Lottery Ticket
  • 5. The Bite Mark Wars Get Nasty
  • 6. Steven Chaney's New Prosecutors
  • 7. Keith Harward's Checkmate
  • Part IV. Eddie Lee Howard, Steven Mark Chaney & The Dentists' Last Stand
  • 1. Our Heroes
  • 2. The Texas Forensic Science Commission Hearings
  • 3. Steven Chaney Faces His Trial Prosecutor
  • Epilogue
  • Acknowledgments
  • Notes
Review by Booklist Review

In American media, forensic science is portrayed as an infallible hero of justice. A miniscule piece of evidence, a spatter of blood or a single thread of fiber, is found by a dogged detective, the bad guy is locked up, and justice is served. In reality, forensic science has ruined the lives of many innocent people and contributes to systemic oppression of the impoverished and people of color. Much of the so-called science presented at trials has not been peer reviewed, and the experts testifying have few to no credentials. Author Fabricant details the many problems with fiber evidence, blood splatter, bite-mark identification, and other common forms of forensic investigation. The crux of Fabricant's book is his experience as a lawyer for the Innocence Project. He shares the heartbreaking stories of people who spent years on death row, wrongfully convicted with shoddy evidence, and the legal challenges of securing their freedom. Readers are given an inside look at the corrupt system that made forensic science king. Eye-opening, endlessly engaging, and equally infuriating--this book is a must-read.

From Booklist, Copyright (c) American Library Association. Used with permission.
Review by Publisher's Weekly Review

"Follow the science" turns out to be a mistake in the criminal justice system, as Fabricant, the Innocence Project's director of strategic litigation, forcefully demonstrates in his impressive debut. He convincingly argues that the forensic methods that have been used in countless cases to prove an accused's guilt are deeply flawed, as are the reliability of certain "scientific" claims, most notably those of dentists who testified to conclusively matching a defendant's dentition with a bite mark found on a crime victim. In some instances, bunk science presented as fact led to wrongful executions, such as that of David Wayne Spence, convicted and killed by lethal injection for participating in a murder-for-hire plot in Texas; it was only after Spence's execution that the "expert" testimony was debunked and his innocence conclusively established. Chilling sections expose the lack of any reliable scientific basis for bite-mark identifications, as well as relied-upon arson investigative methods, and detail how the cases Fabricant and his colleagues labored to resolve justly represent but the tip of the iceberg. This j'accuse provides a broader look at a deeply disturbing aspect of a criminal justice system already considered racist and biased by many, expanding upon the narratives of more narrowly themed books such as The Cadaver King and the Country Dentist: A True Story of Injustice in the American South. The endemic injustices Fabricant lays bare will likely shake even advocates of robust law and order approaches. (Apr.)

(c) Copyright PWxyz, LLC. All rights reserved
Review by Library Journal Review

Narrator Chris Henry Coffey's conversational delivery is perfect for this powerful work from the Innocence Project's director of strategic litigation. Fabricant (Busted: Drug War Survival Skills) defines junk science in the courtroom as "subjective speculation masquerading as science." Fabricant reports that while scientific validation research underpins legitimate forensic sciences, junk sciences such as shaken baby syndrome, shoe and tire print analysis, voice spectrometry, and hair and fiber microscopy are not based on rigorous research and have led to many wrongful convictions. Weaving in shocking accounts of Innocence Project client convictions--nearly half of all wrongful convictions overturned by DNA evidence involve misuse of forensic sciences--the author describes a justice system so intent on swiftly punishing criminals, it doesn't seem to care if the right person is locked up, as long as someone is. The narrator sounds flabbergasted as he relays stories of clients like Steven Chaney, who was convicted of murder with the help of some of the junkiest science--bite-mark analysis--despite the fact that he had nine unimpeachable alibi witnesses attesting to his whereabouts every minute of the day of the murder. VERDICT Coffey's impassioned performance of this eye-opening work should spark important conversations about criminal justice reform.--Beth Farrell

(c) Copyright Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.
Review by Kirkus Book Review

A chilling account of forensic science--beloved of prosecutors, judges, and TV writers but often wildly inaccurate. Fabricant, the Innocence Project's Director of Strategic Litigation, points out that before pharmaceutical companies can market a drug, they must prove that it works. Forensic science, on the other hand, is entirely unregulated. When allowing "experts" to testify, a judge is not required to rule on their expertise, only on legal precedent. Fabricant recounts cases of convictions and the junk science involved. Perhaps the most outrageous is bite mark analysis, but readers--especially those fond of TV detectives and their infallible crime labs--will be flabbergasted by his list of forensic techniques long used by labs, including the FBI's, and proclaimed by highly paid "expert witnesses" that, when investigated by competent researchers, turn out to be unreliable or worthless. These include arson investigation; hair and fiber microscopy; lie detector tests; voice spectrometry; and analyses of handwriting, bloodstains, shoe and tire prints, and bullet lead. Even fingerprints do not come out unscathed in Fabricant's rigorous investigation. In 2009, after years of hearings and testimony by genuine experts, the National Academy of Sciences issued a massive 300-page report documenting the worthlessness of junk science that outraged the forensic establishment. Prosecutors and district attorneys downplay the findings because almost all are elected officials, and getting convictions keeps them in office. The report is not law, so they and judges often ignore it, and juries "tend to believe what prosecutors tell them." The author's case reports and denunciation of junk science make fascinating reading, but this is not a story with a happy ending. As Fabricant shows, Americans seem obsessed with punishing evildoers regardless of the fallout, and their elected officials loudly proclaim agreement. The rate of incarceration in the U.S. is by far the highest in the world, disproportionately affecting Black Americans, who are "incarcerated at five times the rate of white people." A brilliant rebuttal of junk science in the courtroom. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.