Junk Science and the American Criminal Justice System

Starred review from February 7, 2022
“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.

February 15, 2022
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 Much of the so-called science presented at trials has not been peer reviewed, and the experts testifying have few to no credentials.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.

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Starred review from March 1, 2022
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.

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