Tuesday, March 08, 2005

NJ Appellate Court Reverses Conviction Based on Bullet Lead Analysis

As numerous media outlets are reporting (ABC, CBS, Washington Post), a New Jersey appellate court has reversed a murder conviction that rested in part on bullet lead analysis, remanding for a new trial. "The integrity of the criminal justice system is ill-served by allowing a conviction based on evidence of this quality, whether described as false, unproven or unreliable, to stand," says the appellate opinion. According to the press stories, the decision is believed to be the first reversal of a conviction based on bullet-lead testimony since last year's NRC report calling the methodological bona fides of such evidence into question. The opinion is available online. See State v. Behn, No. A-2062-03T3 (N.J. Super. Ct. -- App. Div. Mar. 7, 2004).

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.