S. 3378, The Forensic Science and Standards Act of 2012

The criminal justice system relies on forensic science to identify and prosecute criminals and exonerate the falsely accused.  But in a pathbreaking 2009 report to Congress, the National Academy of Sciences found that the interpretation of forensic evidence is severely compromised by the lack of supporting science and standards.  They concluded, “The bottom line is simple: In a number of forensic science disciplines, forensic science professionals have yet to establish either the validity of their approach or the accuracy of their conclusions, and the courts have been utterly ineffective in addressing this problem.”

In a series of recent articles, the Washington Post reported on flawed forensic work that may be responsible for the wrongful convictions in thousands of criminal cases.  An April Post editorial urged the Justice Department to conduct a full review of all cases that ended in conviction, and a July 11^th story reports that the Justice Department and the FBI have now launched such a review.  The National Academy of Sciences, the Washington Post, the Innocence Project, and the National Association of Criminal Defense Lawyers, among others, have all called for strengthened forensic science and standards.

The Forensic Science and Standards Act of 2012 responds to this call by: 

Promoting Research.  The bill would establish a National Forensic Science Coordinating Office, housed at the National Science Foundation (NSF), to develop a research strategy and roadmap and to support the implementation of that roadmap across relevant Federal agencies.

NSF would establish a forensic science grant program to award funding in areas specifically identified by the research strategy.  NSF would be directed to award two grants to create forensic science research centers to conduct research, build relationships with forensic practitioners, and educate students.  All agencies with equities in forensic science would be encouraged to use prizes and challenges to stimulate innovative and creative solutions to satisfy the research needs and priorities identified in the research strategy.

Requiring Standards Development.  The National Institute of Standards and Technology (NIST) would be directed to develop forensic science standards, in consultation with standards development organizations and other stakeholders.  NIST could establish and solicit advice from discipline-specific expert working groups to identify standards development priorities and opportunities.  

Implementing Uniform Standards.  To advise on the application of the new standards, a Forensic Science Advisory Committee chaired by the Director of NIST and the Attorney General would be established.  The Advisory Committee, composed of research scientists, forensic science practitioners, and users from the legal and law enforcement communities, would make recommendations to the Attorney General on adoption of standards.  The Attorney General would direct the standards’ implementation in Federal forensic science laboratories and would encourage adoption in non-Federal laboratories as a condition of Federal funding or for inclusion in national databases.

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