Pathways to Improvement

It is apparent that there are significant issues with the admission of some forms of forensic science evidence in criminal cases. One basic problem in our adversarial system is the lack of defense objections or requests for Daubert or Frye hearings. When objections are made, many judges do not understand or are resistant to performing their gatekeeping responsibility. One remedy may lie in more meaningful forensic science education of lawyers in law school and more focused continuing education requirements for both lawyers and judges. A second pathway to improvement of forensic science practices, both in the laboratory and the court, may lie in increased legislative and regulatory supervision of the forensic science evidence system. While legislative efforts have generally not been forthcoming, there is some evidence that regulatory commissions can improve the forensic science system.