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Influences of CSI Effect, Daubert Ruling, and NAS Report on Forensic Science Practices Timothy Patrick Scanlan Walden University

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Influences of CSI Effect, Daubert Ruling, and NAS Report on Forensic Science Practices Timothy Patrick Scanlan Walden University Walden University ScholarWorks Walden Dissertations and Doctoral Studies Walden Dissertations and Doctoral Studies Collection 2015 Influences of CSI Effect, Daubert Ruling, and NAS Report on Forensic Science Practices Timothy Patrick Scanlan Walden University Follow this and additional works at: https://scholarworks.waldenu.edu/dissertations Part of the Criminology Commons, Criminology and Criminal Justice Commons, Law Commons, and the Public Policy Commons This Dissertation is brought to you for free and open access by the Walden Dissertations and Doctoral Studies Collection at ScholarWorks. It has been accepted for inclusion in Walden Dissertations and Doctoral Studies by an authorized administrator of ScholarWorks. For more information, please contact [email protected]. Walden University College of Social and Behavioral Sciences This is to certify that the doctoral dissertation by Timothy Scanlan has been found to be complete and satisfactory in all respects, and that any and all revisions required by the review committee have been made. Review Committee Dr. Stephen Morreale, Committee Chairperson, Public Policy and Administration Faculty Dr. Karel Kurst-Swanger, Committee Member, Public Policy and Administration Faculty Dr. James Mosko, University Reviewer, Public Policy and Administration Faculty Chief Academic Officer Eric Riedel, Ph.D. Walden University 2015 Abstract Influences of CSI Effect, Daubert Ruling, and NAS Report on Forensic Science Practices by Timothy P. Scanlan MSFS, Florida International University, 2003 BCJ, Loyola University of New Orleans, 1998 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Public Policy and Administration Walden University August 2015 Abstract The media exaggerates the capabilities of crime laboratories while it publicizes the wrongdoings of individual forensic scientists. Such portrayals skew the perspectives of jurors and hinder expert witness testimony. Complicating the problem are separate, but related, phenomena that influence how forensic laboratories conduct casework. These phenomena are Cole and Dioso-Villa’s conceptualization of the unrealistic expectations of forensic science created by fictional television, known as the CSI Effect; the Daubert ruling on the admissibility of expert testimony; and some federal policy changes as a result of a National Academy of Sciences (NAS) report that impacted requirements for the daily operation of crime laboratories. This study sought to better understand which among these phenomena had the greatest effect on policy development and implementation related to crime lab operations. Quantitative survey data were collected through an online survey from a nationwide sample (n = 124) of forensic practitioners belonging to the American Society of Crime Laboratory Directors. The data were analyzed using ANOVA to evaluate the influence of each factor (CSI Effect, Daubert ruling, and NAS report) on policy creation within crime laboratories. Results indicate that the CSI Effect has a statistically greater impact on policy creation than did either the Daubert ruling or the NAS report (p <.001). The implications for positive social change stemming from this study include recommendations to lawmakers and administrators to reevaluate performance objectives related to operations and increase awareness of the CSI Effect in order to promote scientifically sound results and increase the effectiveness of testimony at trial. Influences of CSI Effect, Daubert Ruling, and NAS Report on Forensic Science Practices by Timothy P. Scanlan MSFS, Florida International University BCJ, Loyola University of New Orleans Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Public Policy and Administration Walden University August 2015 Dedication This dissertation is dedicated to my family for making me the man I am today. To my father, who taught me how to be a husband and a dad. Your example as husband, father, and law enforcement officer created the foundation upon which I have built my life. To my mother, who taught me the importance of faith and a love of teaching. Your example as a person of faith and teacher has driven me to continue to develop my mind, heart, and soul. To my children, Abi and Tim, who teach me the value of being a good father. Thank you for always “being part of the solution” and letting me play and active role in your lives. You all make me proud beyond words. Lastly, to my wife, Marideli, you are the love of my life. Without you, I could not have accomplished half of the achievements in my life and certainly not this dissertation. You make me a better person each day. Acknowledgments I wish to thank the members of the American Society of Crime Laboratory Directors (ASCLD), for participating in this study and providing invaluable feedback. It is a privilege to work with individuals, who are consummate professionals and who have dedicated their lives to the betterment of forensic science. I also would like to thank my Committee Chair, Dr. Stephen Morreale and Committee members Dr. Karel Kurst- Swanger and Dr. James Mosko. Thank you for providing valuable feedback, guidance, and working with me during this long process. Lastly, I would like to thank the numerous professionals at Walden University. Your commitment to academic excellence and positive social change will continue to develop scholars who make a difference in the world. Table of Contents List of Tables .......................................................................................................................v List of Figures ................................................................................................................... vii Chapter 1: Introduction to Study ..........................................................................................1 Introduction ....................................................................................................................1 Problem Statement .................................................................................................. 4 Purpose Statement ................................................................................................... 4 Research Questions ................................................................................................. 5 Data Collection ....................................................................................................... 5 Limitations .............................................................................................................. 6 Terms and Definitions....................................................................................................7 Significance of Study ...................................................................................................10 Chapter 2: Review of Literature ........................................................................................13 Introduction ..................................................................................................................13 The CSI Effect .............................................................................................................14 Introduction ........................................................................................................... 14 Defining the CSI Effect ........................................................................................ 14 Studying the CSI Effect ........................................................................................ 19 The Daubert Ruling and Its Effect on Expert Witness Testimony ..............................26 Introduction ........................................................................................................... 26 The Daubert Ruling............................................................................................... 27 Boundaries Limiting the Effectiveness of Expert Witness Testimony ................. 31 i The Daubert Ruling’s Effect on the Triers of Fact ............................................... 38 Summary ............................................................................................................... 48 Ethics Within the Crime Laboratory ............................................................................49 Leadership Within the Crime Laboratory ............................................................. 58 Leadership Versus Management ........................................................................... 59 Ethical Leadership Within the Crime Laboratory ................................................. 61 Conclusions ..................................................................................................................63 Chapter 3: Methodology ....................................................................................................65 Introduction ..................................................................................................................65 Research Design ...........................................................................................................66 Data Collection ..................................................................................................... 69 Cross-Tabular Analysis ......................................................................................... 71 Instrumentation ....................................................................................................
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