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Project #2: Landscape Review of Forensic Science Training for Officers of the Court
Summary
The NIST Forensic Science Program launched a new training initiative for judges and attorneys, referred to as “Officers of the Court,” to strengthen their understanding of foundational scientific and forensic science principles. To better understand the existing landscape, NIST began a project to identify forensic science training programs that serve judges and/or lawyers. Once these programs were identified, details of how they are administered, who provides the instruction, and what on-going resources they provide were captured. Additionally, lawyers, judges, law school professors, lab administrators and scientists were interviewed to gain recommendations about what an ideal training program might look like in the future.
Description
The 2009 NAS Report highlighted the need for forensic science training for judges and lawyers noting, “Lawyers and judges often have insufficient training and background in scientific methods, and they often fail to fully comprehend the approaches employed by different forensic science disciplines and the strengths and vulnerabilities of forensics science evidence offered during trials”.[1] While many prosecution, defense, and judicial associations (national and state) provide some education about forensic science at conferences and meetings, often the topics are identified by what is currently "of interest” to the legal community. There are very few educational programs with an established curriculum that includes the fundamentals of forensic science, as well as considerations for how it should be presented and challenged during pre-trial hearings and trial.
In 2021, the National Institute of Standards and Technology (NIST) was asked by Congress in a Joint Explanatory Statement accompanying the Consolidated Appropriation Act of 2021 (P.L. 116-260) to submit a plan for, “how to implement training to help officers of the court understand the science and concepts underlying the professional analyses of forensic experts.” To better understand the existing landscape, NIST began a project to identify forensic science training programs that serve judges and/or lawyers. Once these programs were identified, details of how they are administered, who provides the instruction, and what on-going resources they provide were captured. Additionally, lawyers, judges, law school professors, lab administrators and scientists were interviewed to gain recommendations about what an ideal training program might look like in the future.
What became apparent from this project is that lawyers want to know about a specific forensic science discipline when they need to –when they have a relevant case. Essentially, both lawyers and judges need the information when they need it. Even if lawyers and judges had received basic forensic science training at some point, a refresher on the current state of specific forensic science disciplines would be beneficial as they prepare a case for trial. Therefore, one recommendation is for training to be virtual and on-demand to maximize its accessibility.
A second recommendation is to provide law students with an opportunity to learn about science and the rules of admissibility during law school. Several programs have combined resources from law professors and science faculty to provide such course curriculum. This appears to be an exciting and productive collaboration that can provide solid foundations for future officers of the court.
In summary, having professionally-produced, virtual training that lawyers and judges can access – when they need it and on their own schedule – will be a benefit to these officers of the court. Furthermore, this on-demand training can be kept current and provide additional resources (e.g., journal articles, textbooks, list of experts) as well as a mechanism to contact the presenters.
While virtual and on-demand training is recommended, it should be noted that local in-person training is also highly valued. This approach provides several advantages such as the opportunity to be physically present, experiencing the dynamics of the direct interaction with the presenter, and the ability to ask and build off others’ questions in the room.
Regardless of the type of training, virtual or in-person, the content should be developed and delivered by those who know it best, which means pairing a scientist and a legal representative for the course. If you have the will to develop a virtual or in-person training program, follow some of these lessons learned to increase your impact.
[1] National Research Council. 2009. Strengthening Forensic Science in the United States: A Path Forward. Washington, DC: The National Academies Press. https://doi.org/10.17226/12589