[HN Gopher] Police, prosecutors used junk science to decide 911 ...
       ___________________________________________________________________
        
       Police, prosecutors used junk science to decide 911 callers were
       liars
        
       Author : danso
       Score  : 281 points
       Date   : 2022-12-28 14:22 UTC (8 hours ago)
        
 (HTM) web link (www.propublica.org)
 (TXT) w3m dump (www.propublica.org)
        
       | triplesec wrote:
       | This famous edict: Don't Talk to Police, now seems to include
       | calling 911.
       | 
       | https://www.youtube.com/watch?v=d-7o9xYp7eE
        
         | [deleted]
        
       | throwthere wrote:
       | Note the ties to Cincinnati, where in 2018 a young boy called 911
       | multiple times when he was trapped in a minivan seat that folded
       | in a way he ceased trapped. The operator didn't believe him, a
       | cop did a cursory search after two calls even though the make and
       | model of the van were given. The boy slowly suffocated to death.
       | 
       | His last words were telling the operator to tell his mom he loved
       | her.
       | 
       | Makes you wonder if their system flagged his call and it wasn't
       | entirely the result of a completely incompetent 911 operator and
       | cop.
        
       | nootropicat wrote:
       | Humans didn't change at all since tests like cruentation were an
       | accepted method.
       | 
       | https://en.m.wikipedia.org/wiki/Cruentation
       | 
       | Fortunately it appears ai will soon enough act as a modern
       | version of God's judgment, which while still not perfect, should
       | be significantly better than some random cop's gut feeling.
        
         | Mechanical9 wrote:
         | I may just be cynical, but I don't see any reason why AI
         | judgement won't be the next cruentation. AI decisions are based
         | purely on learned biases, which may be effectively equivalent
         | to gut feelings. There will be many opportunities for AI-
         | determined suspicions to be used as a determination of guilt in
         | lieu of real evidence.
         | 
         | "The AI finds it likely that you committed the murder."
         | 
         | It doesn't have to be this way, but given the perpetual
         | misunderstanding and misapplication of AI, I think it's likely
         | to happen anyway.
        
           | BizarroLand wrote:
           | Before that happens, the whole world would need to be under
           | continual observation. Then we would have to realize that it
           | always takes more people to observe the people than there are
           | people to observe, and turn the eternal watch over to AI.
           | 
           | Then the AI wouldn't be saying, "I think it's likely you did
           | this", it would be saying, "Here's the video of you doing
           | this".
        
             | dragonwriter wrote:
             | > Before that happens, the whole world would need to be
             | under continual observation.
             | 
             | I don't see any reason that is a necessary precondition for
             | an evolving reliance on AI judgement. Though obviously
             | there are potential interactions between surveillance
             | ubiquity and that.
             | 
             | > Then the AI wouldn't be saying, "I think it's likely you
             | did this", it would be saying, "Here's the video of you
             | doing this".
             | 
             | Crimes tend to have elements that cannot be shown on a
             | video, but which might be deemed likely based on a video,
             | like knowledge and intent.
             | 
             | So, it will exactly be "I think oy is likely that you did
             | this".
        
               | BizarroLand wrote:
               | I don't know how I would feel about allowing AI to put
               | humans in prison without incontrovertible proof.
               | 
               | Any black box thing, (that is, any system where raw data
               | comes in and a result comes out without everyone involved
               | fully understanding the process) should not have the
               | authority to take a human's freedom from them of its own
               | volition.
               | 
               | I would much rather utilize them as a Sherlock whose job
               | is to assemble the evidence that is available and state
               | their conclusions to the jury, who could then make their
               | decision based off of the evidence.
        
       | pnw wrote:
       | This reminds me of a friend who stated that when you call 911,
       | you should ask for police/fire/ambulance, give your name and
       | address and then put the phone down. I thought he was overly
       | paranoid but I guess not.
        
       | PicassoCTs wrote:
       | Verdicts should have references to evidence classes that are
       | based on a scientific method. If that evidence class is revealed
       | to be junk science, all cases with that class, should be
       | automatically repopened.
        
       | [deleted]
        
       | anonymouse008 wrote:
       | I just learned of new federal rules of procedure that made my
       | stomach turn.
       | 
       | > Like all evidence, the proponent must establish authenticity
       | and admissibility. The issue of authenticity has been addressed
       | in federal court with the addition of Fed. R. Evid. 902(13) and
       | (14). Louisiana has not yet adopted similar amendments to the
       | Louisiana Rules of Evidence.
       | 
       | > This rule eliminates the necessity of a foundational witness at
       | trial. The person who makes the certification must meet Rule 602
       | (personal knowledge) and Rule 702 (scientific or specialized
       | knowledge) and Rule 901(b)(9) requiring explanation of how the
       | process or system that generated the electronic record produces
       | reliable and accurate results.
       | 
       | > With a human expert, if you want to challenge the opinion, you
       | file a motion in limine which allows you to put on evidence prior
       | to trial to contest the expert's qualifications to give the
       | opinion or the expert's methodology. > The proponent of the AI
       | opinion will have to establish that the Al algorithm produces
       | accurate results. If the proponent cannot do that, then the
       | evidence is unreliable. Unreliable evidence is not relevant.
       | 
       | [...]
       | 
       | > At the end of the day, if the court finds the Al opinion
       | authentic, then it will be admitted in evidence and the opponent
       | will not be able to cross examine the opinion at trial.
       | 
       | Gosh, the only thing I can think of that might save us is
       | challenging the features that become inputs into the models -
       | however, with GPT-4's example, as those increase to inhumane
       | sizes, I wonder if even that will remain an effective strategy.
       | 
       | Source: Louisiana Bar Association Journal
        
       | ucm_edge wrote:
       | Junk science is a huge problem in law enforcement. Treating lie
       | detectors as canonical, the blood splatter analysis to recreate
       | crime scenes, this kind of stuff.
       | 
       | It is especially problematic because police orgs are generally
       | pretty good at adopting new techniques. But unfortunately the
       | marketplace of ideas they have to shop in suffers from
       | overrepresentation of garbage products. A huge part of law
       | enforcement enhancement is going to involve cleaning this market
       | up.
        
         | schwartzworld wrote:
         | Citations Needed did an episode a few years back on how TV
         | Copaganda represents forensics as a much more solid "science"
         | than it actually is.
         | https://citationsneeded.libsyn.com/episode-94-the-goofy-pseu...
        
         | Waterluvian wrote:
         | I don't think it's that the market is full of garbage. There is
         | a demand from law enforcement for the garbage. They want
         | science tools to confirm their biases and broken practices.
        
         | Sakos wrote:
         | > Junk science is a huge problem in law enforcement. Treating
         | lie detectors as canonical, the blood splatter analysis to
         | recreate crime scenes, this kind of stuff.
         | 
         | I'm not sure what's the bigger problem. The use of junk science
         | by law enforcement or how law enforcement and their methods are
         | portrayed by popular media that ensure the use of junk science
         | (and other harmful methods) can persist long-term. I'm sure
         | everybody and their mother has seen Dexter (who works as a
         | blood splatter analyst) or any number of shows/movies or all
         | the news where police dogs are portrayed in an incredibly
         | positive light (I'm looking at you, Paw Patrol).
        
           | watwut wrote:
           | Those are at least fiction. I have seen documentaries where
           | pseudo psychology (not holding eye contact means you are
           | lying, this or that entirely normal behavior treated as
           | something chillingly sinister, parent deemed nit sufficiently
           | crying) was treated as sure clue of guilt.
           | 
           | And gut feelings, gut feelings of detectives were literally
           | treated as evidence in those documentaries
        
             | scarmig wrote:
             | Most documentaries should be considered a subgenre of
             | fiction. Inspired by reality, but mostly interested in
             | telling a compelling narrative.
        
             | britneybitch wrote:
             | They're not always treated as fiction though. Some police
             | officers model their behavior after what they see on TV.
             | And police departments have given shows access to locations
             | and props in exchange for favorable portrayal. John Oliver
             | did a show about it recently.
             | https://www.youtube.com/watch?v=DNy6F7ZwX8I
        
               | cratermoon wrote:
               | LA PD essentially invented the cop show.
               | https://timeline.com/dragnet-lapd-propaganda-cop-
               | bb19d9a5fb6...
        
             | tetraca wrote:
             | I think the practice is supposed to be a little more than
             | what's depicted there. When they start an interrogation,
             | they try to ask light or at least easy questions to see how
             | a suspect answers without real pressure, then when they hit
             | a hard question, they compare the responses and look for
             | clusters of behavior which might indicate deception when
             | taking into account how they behaved in contrast through
             | the rest of the questioning. Not to say that it's going to
             | be particularly accurate/good.
        
               | NikolaNovak wrote:
               | Right, but to oversimplify, as innocent as I am, I will
               | react differently when asked "enjoying the weather
               | today", "where were you on night if December 12th", and
               | "did you murder Mukelefa Stanjipoljic". There'll be
               | _contrast_ just as baseline!
               | 
               | I had a law enforcement in-law who was confident he could
               | figure out a man by shaking his hand and looking at him
               | in the eye, etc etc. He was perennial favourite of all
               | the sleezy salespeople around because while he was
               | certain he was getting a deal and being taken care of and
               | getting the good stuff, for anything I had any insight
               | into (computer, car, photo, and music stuff), he was
               | getting ripped six ways to Sunday. But his confidence was
               | not to be shaken.
        
           | kneebonian wrote:
           | > any number of shows/movies or all the news where police
           | dogs are portrayed in an incredibly positive light (I'm
           | looking at you, Paw Patrol).
           | 
           | Listen dude there I have enough beef with paw patrol to make
           | a texas ranchers BBQ look ill equipped, from the fact the
           | mayor is an idiot, that obnoxious chicken the fact the town
           | has outsourced all of it's emergency functions to what is
           | basically the mafia, the fact that they sit on a money
           | printer of toys and the fact that the song haunts my house
           | day in and day out.
           | 
           | But to say that Paw Patrol is a problem because it has a
           | police dog in it and that he helps people is equivalent to
           | saying that Daniel Tiger is anti-Democracy because it has a
           | Royal Family.
        
             | scrollaway wrote:
             | I think you will enjoy this video breakdown from Skip
             | Intro: https://youtube.com/watch?v=rwhUpu9MfZ0
             | 
             | It's a superb video essay and absolutely worth the watch!
             | But to be clear, it's also playing into the meme that paw
             | patrol is copaganda, so take it as a mix of comedy and
             | serious analysis :)
             | 
             | The gist of the video is that, while paw patrol is not
             | copaganda, it is problematic for parallel reasons. It's
             | also a terrible tv show as you noted.
        
               | dinkumthinkum wrote:
               | I wouldn't say it is superb. On this channel every third
               | video is about how sone random show is "copaganda",
               | literally. The concept of that portmanteau is already
               | fairly stupid to begin with.
        
             | dinkumthinkum wrote:
             | You joke but there are leftist articles about Paw Patrol
             | and the patriarchy, globalism, and every other -ism you can
             | imagine.
        
             | Mikeb85 wrote:
             | As someone with a 5 month old this post is simultaneously
             | enlightening, hilarious and terrifying.
        
             | r3trohack3r wrote:
             | > the fact the mayor is an idiot, that obnoxious chicken
             | 
             | Man, for real. Literally every other episode this lady
             | loses her chicken and the paw patrol have to risk life and
             | limb to get it back. Like, at some point, maybe you
             | shouldn't have a pet chicken?
        
             | krapp wrote:
             | > But to say that Paw Patrol is a problem because it has a
             | police dog in it and that he helps people is equivalent to
             | saying that Daniel Tiger is anti-Democracy because it has a
             | Royal Family.
             | 
             | Any positive portrayal of police in US media is
             | problematic. Teaching children to trust the police is only
             | going to get some of them jailed on fabricated evidence or
             | killed, especially if they aren't white and affluent.
             | 
             | edit: Ok, apparently Paw Patrol is Canadian, so mea culpa.
             | I guess the police are actually civil servants there. It's
             | still a problem when shown to US children.
        
               | dinkumthinkum wrote:
               | Why is and positive portrayal of police problematic? I
               | think the leftist notion if "problematic" is problematic.
               | You're being very hyperbolic by writing that trusting
               | police will get you killed and jailed. That is something
               | someone living in a leftist / TikTok fantasy world would
               | think.
        
               | 20after4 wrote:
               | It's what someone living in the real world would think.
               | Ask any defense attorney if you don't want to believe
               | random internet commenters.
        
               | dinkumthinkum wrote:
               | I love in the real world and know that's nonsense. So, if
               | I poll 10,000 defense attorneys, 90% or more are going to
               | tell me this childish nonsense. What if I polled victims
               | of crime, let's include victims of police crime, my guess
               | you might think the majority of crime must be done
               | police.
               | 
               | Actually, by your logic, you must think the vast majority
               | of crimes or an enormously significant amount of crimes
               | are committed by police because you claim trusting police
               | will get you killed or jailed. However, it is certainly
               | true that enormous numbers of people "trust", in some
               | sense, the police but the problem we do not see the
               | numbers of those people being killed/jailed to support
               | your position.
        
             | xapata wrote:
             | Does Daniel Tiger portray a royal family as benevolent, and
             | a democratically elected leader as incompetent? If so, it
             | sounds like it's anti-democracy. Perhaps unintentionally
             | so, but perpetuating those mythologies nonetheless.
        
             | baryphonic wrote:
             | HN comment of the year
        
               | Sakos wrote:
               | How? It's mostly devoid of substance or any real insight
               | or understanding. It's not a great comment just because
               | you happen to agree with it. Just check out the Skip
               | Intro video if you don't get it, it's like a 101 course
               | on media as propaganda and the effects of media on
               | cultural values.
        
               | mcguire wrote:
               | _This_ is the HN comment of the year: whiny, pedantic,
               | and with a weird agenda.
        
               | kneebonian wrote:
               | Glad this didn't come 4 days later.
        
             | britneybitch wrote:
             | Other than the chicken, that description is a perfect match
             | for New York City.
        
             | kondor6c wrote:
             | Also, why isn't there more supervision of Alex who has to
             | be near 6?
             | 
             | Daring Danny X and his antics have with Alex's accidents
             | have got to be near a third of their call volume
        
           | brookst wrote:
           | The media is a trailing indicator. It can lead to feedback
           | loops and reinforce the bad behaviors it represents, but
           | things like Dexter come about because some writer hears about
           | police using blood spatter analysis and mythologizes it.
           | 
           | If junk science were rejected where it matters, the media
           | wouldn't use it either, or would at least treat it they way
           | they do dowsing or psychics.
           | 
           | The media will serve any demand, no matter how dumb. But
           | there has to be demand. That's my theory anyway.
        
             | KennyBlanken wrote:
             | It's not a trailing indicator or feedback loop when you
             | have the police and military actively pushing narratives on
             | TV producers and Hollywood, even controlling scripts in
             | exchange for access to extras and military
             | equipment/facilities.
        
             | Sakos wrote:
             | It's a feedback loop, yes. You need popular support from
             | voters to be able to implement changes in police procedure.
             | Who's going to vote for the guy who wants to "gut" law
             | enforcement methods when all their lives TV has told them
             | that's just what the police does and how criminals are
             | caught? Especially when the other guy is saying "look at
             | him, he wants to protect criminals".
        
           | mbg721 wrote:
           | I can absolutely imagine "CSI: Phrenology", if the timeline
           | had worked out a little differently.
        
           | rnd0 wrote:
           | I'm pretty sure that the lack of police accountability is a
           | far worse problem, to be honest. It eliminates any chance
           | that we can reform law enforcement to any significant degree.
        
             | tyingq wrote:
             | They are somewhat intertwined though. If police can feed
             | anyone to the DA, and the DA can then use a variety of
             | sketchy tactics (including junk science, but mostly other
             | stuff) to punish them, then it all works. If it kept
             | resulting in cases that get thrown out, the feedback loop
             | would slow it down some.
        
           | Agentlien wrote:
           | I've often wondered how exactly Paw Patrol's ample budget is
           | allocated and under what authority they operate. Moreover,
           | does the mayor using them for her personal errands constitute
           | an abuse of power?
        
           | KennyBlanken wrote:
           | Portrayal of police dogs in a positive light is necessary
           | because otherwise people would see them for what they are:
           | living probable-cause generators and loopholes on laws and
           | regulations on police brutality.
           | 
           | There's plenty of evidence police dogs are worse than a coin
           | flip and react to their handlers - but the supreme court said
           | that was irrelevant and upheld basing a search off a dog's
           | reaction to be valid. Dogs also act as a proxy for brutal,
           | violent treatment of someone.
        
         | Spooky23 wrote:
         | Agree.
         | 
         | The problem imo is that cops have an insular culture and are
         | trained to control situations. That control is often an
         | Illusion. They are also often exempt from some of the
         | procurement rules that apply to other government entities. So
         | they tend to accept handshake claims from people identified as
         | "good guys" through some connection or the salesman's former on
         | the job status.
         | 
         | Another issue is that they don't pay for or maintain technology
         | in many cases, and the organizations tend to want to fund
         | overtime, gas and bullets over all else. Police rely on grants
         | to buy stuff with tight timelines. So there's a tendency to
         | blow the federal grant quickly on something cool that some
         | "good guy" promises.
        
         | feet wrote:
         | It doesn't help that law enforcement organizations seem to
         | higher the dullest knives in the drawer, of course they can't
         | tell bs from non-bs. Whatever confirms their biases gets green-
         | lit
        
           | anigbrowl wrote:
           | The thing is that prosecutors and courts are supposedly
           | harboring some of the sharpest knives in the drawer, yet they
           | cheerfully accept and often pass on BS at face value when
           | it's expedient to do so.
        
         | nucleogenesis wrote:
         | Yeah this isn't surprising considering these are the people who
         | think touching or breathing near fentanyl can kill you
        
         | thecrash wrote:
         | "It is difficult to get a man to understand something when his
         | salary depends on his not understanding it." - Upton Sinclair
        
         | loteck wrote:
         | Let's make sure we add "gunshot detection" to this list, since
         | that is the currently popular for-profit junk science product
         | that police are pouring millions of dollars into acquiring all
         | over the US.
        
           | wrigby wrote:
           | I'd be interested in understanding this better - what kind of
           | sensors do you have in mind that are junk?
        
             | dsfyu404ed wrote:
             | They use microphones to detect gunshots. It works in a
             | controlled environment but in an actual municipality the
             | data needs enough "massaging" by human analysts to get what
             | are still fundamentally low-quality tips it's somewhere
             | between redundant and a waste of resources.
        
               | cratermoon wrote:
               | > the data needs enough "massaging" by human analysts to
               | get what are still fundamentally low-quality tips it's
               | somewhere between redundant and a waste of resources.
               | 
               | And those analysts are part of a law enforcement
               | community that is rife with biases about crime and guns,
               | which means most of the places where the system finds
               | gunshots are where the biased people (who by default
               | placed the detectors according to a bias) expect to hear
               | gunshots.
        
             | BryantD wrote:
             | ShotSpotter's results are iffy, which appears to be a
             | combination of a) ShotSpotter employees overriding the AI
             | and b) weaknesses in the tech. There's also some potential
             | for reinforcing bias if you only put the sensors in
             | neighborhoods you're already worried about.
             | 
             | https://news.ycombinator.com/item?id=28264686 has previous
             | discussion on this from a number of viewpoints.
        
               | googlryas wrote:
               | The goal of police is public safety, and nothing to do
               | with preventing reinforcing biases.
               | 
               | If you designed a polar bear detector to help prevent
               | people from being eaten by polar bears, would you also
               | deploy them in Florida for the sake of fairness, even
               | though there are no polar bear attacks there?
        
               | BryantD wrote:
               | I'd like the public to be safe from the public servants
               | who carry guns as part of their day to day work. If those
               | public servants are biased to believe that my
               | neighborhood is less safe than it is, they're more likely
               | to use force when it isn't warranted. Thus, I'm not as
               | safe.
               | 
               | I conclude that it is a matter of public safety to avoid
               | reinforcing biases.
               | 
               | Since the article this thread is about shows that some
               | portion of police are willing to believe any damn thing,
               | I think my concerns are reasonable.
        
               | [deleted]
        
               | AlbertCory wrote:
               | > If those public servants are biased to believe that my
               | neighborhood is less safe than it is
               | 
               | Could it be "bias" to look at crime statistics? Maybe
               | it's less safe than you think it is.
        
               | BryantD wrote:
               | Indeed! Seems like the simple answer is "if you're going
               | to install sensors, better to just install them
               | everywhere to avoid bias in any direction."
        
               | AlbertCory wrote:
               | So you think that putting them in high crime areas is
               | "bias?"
        
               | LawTalkingGuy wrote:
               | In a city you'd deploy them on the corner of every street
               | and alley. Do you deploy them in the same density through
               | rural and country areas?
               | 
               | Do you plan to also change fire regulations to call for
               | an even distribution of sprinklers? Presumably you don't
               | want to die from fire-bias either...
        
               | RHSeeger wrote:
               | > The goal of police is public safety
               | 
               | To be clear... the goal of the police _force_ is to
               | enforce the law. The goal of (some) individual police
               | officers is public safety, but certainly not all of them
               | (and some days, it seems like not many of them... but you
               | generally only hear about the bad stuff in the news, so
               | take that with a grain of salt).
        
               | Quinner wrote:
               | The goal of the police is to have secure jobs with a
               | decent salary and benefits, and ideally be meaningful in
               | some way (could be promoting public safety... could be
               | exerting power over others).
               | 
               | Often enforcing the law helps secure budgets (especially
               | when it comes to enforcing drug laws with lucrative civil
               | forfeiture seizures), but more recently many police
               | departments have tried a different tactic when budgets
               | have been threatened: actively refusing to enforce the
               | law, in order to increase crime and prompt political
               | change.
        
               | dinkumthinkum wrote:
               | The police increase crime?
        
               | cratermoon wrote:
               | > If you designed a polar bear detector to help prevent
               | people from being eaten by polar bears, would you also
               | deploy them in Florida for the sake of fairness
               | 
               | This is already reinforcing bias, because your question
               | presumes that the places law enforcement deploys this
               | tech are where it needs to be. To use your analogy, cops
               | like deploying polar bear detectors based on how much
               | snow falls in a place, because "everyone" knows that
               | polar bears live in snowy places.
        
               | fallingknife wrote:
               | This system is not designed to find out where shootings
               | happen. We know that already. It's just designed to
               | detect them faster.
        
               | cratermoon wrote:
               | > We know that already
               | 
               | No, we don't. We know where law enforcement, which we
               | already know is biased, _reports_ shootings
               | happening.Those are two completely different things.
        
               | fallingknife wrote:
               | There is no organized conspiracy among law enforcement to
               | hide the location of shootings.
        
               | 20after4 wrote:
               | No it's designed to manufacture evidence that they can
               | use to help them get arrest warrants and eventually
               | convictions.
        
               | alasdair_ wrote:
               | The problem is that ShotSpotter doesn't actually work
               | very well at all.
               | 
               | I mean, if I make a magic box that has a 1% chance per
               | day of calling the police and telling them a crime
               | happened nearby and then only stick that box in areas
               | where poor people live, you could see how that would lead
               | to a whole lot of calls for police in those areas. You
               | can also see how, by having a vastly higher police
               | presence in those areas, more crimes will be detected in
               | those areas, even if the base crime rate is the same as
               | in a different area.
               | 
               | In the past, ShotSpotter employees have gone into the
               | system and changed things after the fact to claim that
               | their system detected shots in a specific area that it
               | never detected. They did this while working with the
               | police to come up with probable cause for an arrest
               | _after_ the arrest happened.
               | 
               | This kind of thing makes it easy for the cops to arrest
               | people they want to arrest without any actual evidence of
               | a crime. This is generally considered a bad thing in the
               | USA.
        
               | Kye wrote:
               | I still encounter people who think a map of crime is an
               | actual map of crime, like SimCity, and not a map of
               | policing. They really do believe it reflects reality.
               | Most times they snap out of it when you point out it's
               | impossible to _map crime_ without collected data, and
               | then it 's a short hop to realize policing is how you get
               | that data. And any intellectually honest person will
               | recognize the biases inherent to that data.
        
               | subradios wrote:
               | These biases are also present in murder convictions,
               | widely used to benchmark crime rates over time and
               | geography due to the inability of police to ignore dead
               | bodies selectively.
               | 
               | It could be possible that police and police chiefs are in
               | fact, putting this equipment in poorer neighborhoods
               | because that is where the most gunfire already is.
               | 
               | Concerns about the relationship between employees and
               | prosecutors are real, but "reinforcing biases" is the
               | least of our worries in regards to marginalized
               | communities when they are murdered at 5 to 20x the rate
               | of the nonmarginalized communities.
               | 
               | Black communities are majority-support of the same or
               | more police per Gallup
               | https://news.gallup.com/poll/316571/black-americans-
               | police-r...
               | 
               | Removing police from poorer areas hurts poor people more
               | than edge case concerns about individual prosecutors
               | playing fast and loose.
        
               | nisegami wrote:
               | The goal of the police is to maintain the status quo.
        
             | weakfortress wrote:
             | If you've ever shot a gun or been around guns you'd know
             | the rapport of various guns is not always consistent.
             | Often, it is difficult to tell the difference between a
             | gunshot and a firework for example. Even something like
             | dropping a wood pallet far enough away can sound like the
             | echos of a gunshot. Backfiring from a car can sound
             | remarkably close to a small caliber rifle. If a gunshot
             | doesnt happen quite literally within a few dozen feet of
             | you it's often hard to tell. Typically the way you can tell
             | is people who shoot guns generally don't do it once.
             | Several rapports tend to raise the probability of a gun.
             | 
             | ShotSpotter works in isolation because in isolation a
             | certain noise profile is almost certainly a gun shot. Like
             | most ML aiming to change the world it's powered by
             | p-hacking.
        
               | selimthegrim wrote:
               | the report, rapport is not something I want to have with
               | a gun unless I am a character in Full Metal Jacket
        
           | mhb wrote:
           | Flock Safety Raven
           | 
           | Gunshot Detection and Location System
           | 
           | Combine gunshot detection with ALPR evidence to drive better
           | outcomes
           | 
           | https://www.flocksafety.com/products/raven
        
         | partdavid wrote:
         | The list goes on: instant-drug tests used for traffic stops
         | with undeclared and uninvestigated false positive rates, drug
         | sniffing dogs (cf. https://reason.com/2021/05/13/the-police-
         | dog-who-cried-drugs... for example), burn patterns in arson
         | investigation, etc.
        
         | akudha wrote:
         | I am terrified of affecting someone's health, freedom or money
         | (especially health and freedom) unknowingly, mistakenly etc.
         | How do people who lie in court, use unproven tools etc to screw
         | someone's entire life sleep at night? This is so far beyond my
         | comprehension.
        
           | 20after4 wrote:
           | They convince themself that the person is really guilty (of
           | something, maybe not even the thing they are accused of, just
           | generally bad / evil / wrong color / wrong religion. really
           | whatever it takes for them to believe someone deserves
           | punishment) .... then the ends justify the means.
        
           | [deleted]
        
       | polygamous_bat wrote:
       | A big criticism that I have heard from "defund the police" folks
       | is that a lot of police departments across the country have more
       | money than sense and accountability. If you are inclined to
       | believe this statement, it is inevitable that they are, in best
       | case, swindled by hucksters selling snake oil, and in worst case,
       | are dabbling in corruption to enrich themselves. Stories like
       | these only add more evidence to that claim.
        
         | [deleted]
        
         | loteck wrote:
         | Folks don't need to accept all the baggage that comes with the
         | "defund" label. You can want rigorous oversight and oppose
         | wasteful spending of public dollars by just being a normal
         | person who always wants those things.
        
           | kasey_junk wrote:
           | The "defund" label is perhaps the worst marketing of any
           | social movement ever. Nearly everyone would agree with the
           | main nominal ideas - more oversight, less violent responses,
           | more accountability and moving resources away from
           | militarized police and towards social work, specifically
           | psychological interventions.
           | 
           | It's so bad the tinfoil hat me often thinks it's an op by the
           | military industrial complex to ensure one of their biggest
           | cash cows never faces budget issues.
        
             | [deleted]
        
             | dinkumthinkum wrote:
             | It's not a military op. It's just overblown leftist
             | culture.
        
             | squeaky-clean wrote:
             | I know several people who see the news about crime at the
             | moment and think the police need larger budgets and that
             | the recent lawsuits about police brutality in the news
             | means police are hamstrung when it comes to apprehending
             | anyone. They also make jokes like "How do you expect a
             | social worker to stop a bank robbery"
        
             | omginternets wrote:
             | >The "defund" label is perhaps the worst marketing of any
             | social movement ever. Nearly everyone would agree with the
             | main nominal ideas - more oversight, less violent
             | responses, more accountability and moving resources away
             | from militarized police and towards social work,
             | specifically psychological interventions.
             | 
             | It's a motte and bailey. The sentiment behind "defund the
             | police" goes well beyond the set of things most people
             | agree with, but its proponents retreat "we actually agree
             | on 95% of the issue" when challenged.
             | 
             | Yes, we do. But the remaining 5% is completely
             | unacceptable.
        
               | Beltalowda wrote:
               | "Defund the police" means different things to different
               | people; for some, it's "literally abolish the police",
               | but many others it's "implement common-sense budget
               | reforms". For others somewhere in between. The "common-
               | sense budget reforms" group is vastly larger than the
               | first, and I have no idea why they adopted the slogan, or
               | why they continue to defend it. For most, I don't think
               | there's a "motte and bailey" strategy (or indeed, _any_
               | strategy), just well-intentioned people slapping
               | themselves in the face.
               | 
               | The whole "defund the police doesn't _actually_ mean
               | defund the police " defence is silly , and it makes it
               | appear more people are in favour of "defund the police"
               | than they actually are.
        
             | [deleted]
        
           | kenjackson wrote:
           | But against the police, once you ask for any oversight or
           | accountability then you no longer back the blue and are the
           | enemy.
        
           | 8note wrote:
           | The baggage of the defund language is that the rest of the
           | government has already been defunded without complaint.
           | 
           | Calling it defund is an extra critique of funding police
           | instead of social services
        
           | bnralt wrote:
           | Indeed. Just like you can be against waste in public schools,
           | but if you start marching around with signs that say "Defund
           | Schools" you shouldn't be surprised if people take your sign
           | at face value and don't want to associate with you.
        
           | BitwiseFool wrote:
           | Certainly, but you have to admit that the movement has done
           | itself no favors by sticking with that terrible slogan.
        
       | ndsipa_pomu wrote:
       | There should be some kind of penalty for people using methods
       | that have zero evidence to back them up, or at least they should
       | be forced to present accurate error predictions so that unproven
       | techniques such as fingerprint analysis can be admitted, but with
       | the likelihood of a match happening by chance.
        
         | partdavid wrote:
         | I don't see how stuff like this isn't fraud. I mean, if I gave
         | money to someone, and they told me they would teach me how to
         | cultivate magic beans that would make me happy or rich; and
         | then it turned out that they don't know such a technique, and
         | can't teach it (because it doesn't exist).
         | 
         | I see how people get away with this as pundits or advocates
         | because the money involved is indirect (they are lying for
         | position or notoriety, not directly taking someone's money) but
         | teaching a fake science "technique" for money? How is it
         | different than selling snake oil?
        
         | giraffe_lady wrote:
         | For example the method of human caging, which there is a large
         | and growing body of research establishing does not prevent
         | crime. https://daily.jstor.org/rethinking-prison-as-a-
         | deterrent-to-...
        
           | vorpalhex wrote:
           | This is terrible research and JSTOR should be ashamed of
           | themselves for publishing it.
           | 
           | > They randomly assigned criminal cases to judges within the
           | court (in other court systems, case assignment isn't random).
           | If the future crime rate ended up lower for people sentenced
           | by lenient judges than by judges who sent more people to
           | jail, it would be clear evidence that time in jail -- not any
           | quality within the criminals themselves -- was making the
           | difference.
           | 
           | No it does not evidence that conclusion. Judges have written
           | sentancing guidelines. A repeat offender, vicious offender or
           | someone who has burned up their three strikes is likely going
           | to both get a serious prison sentance and reoffend.
           | 
           | You can't disentangle that reasoning on a post hoc
           | statistical analysis. That is pseudoscience.
           | 
           | > the data suggest that people held in jail before trial have
           | a higher likelihood of committing crime after their release
           | than people who remain in the community before trial.
           | 
           | The article goes on to argue that this is because people no
           | longer trust the system.
           | 
           | We use pretrial detention for criminals who are either more
           | likely to flee or committed more serious offenses.
           | 
           | That conclusion from JSTOR has no evidence and flies in the
           | face of any sane reasoning. They didn't even questionnaire
           | the re-offenders!
        
             | giraffe_lady wrote:
             | It's really easy to do the reflexive HN contrarian takedown
             | on pretty much any single piece of work if you're motivated
             | to do so.
             | 
             | This isn't the only piece of work on this subject nor the
             | best nor even a representative one. If you're interested
             | you could look into this entire domain of research and see
             | what it suggests.
        
               | AlbertCory wrote:
               | This is a variant of _ad hominem_ attack. He must be
               | "motivated" to disagree with you. It's "reflexive."
               | 
               | Maybe he just disagrees. If you didn't present "the best
               | nor even a representative" link, why don't you contribute
               | to the debate and present it?
        
               | yjftsjthsd-h wrote:
               | > This isn't the only piece of work on this subject nor
               | the best nor even a representative one.
               | 
               | Then why did you post it?
        
             | magicalist wrote:
             | > _A repeat offender, vicious offender or someone who has
             | burned up their three strikes is likely going to both get a
             | serious prison sentance and reoffend._
             | 
             | Did you read the actual studies to see if they controlled
             | for this very obvious objection? Seems important when
             | accusing of incompetence.
             | 
             | > _We use pretrial detention for criminals who are either
             | more likely to flee or committed more serious offenses_
             | 
             | We also use it for people who can't afford to get out, who
             | then often lose their jobs, possibly where they live, etc.
             | I know this because the article states that directly, not
             | your "article goes on to argue that this is because people
             | no longer trust the system" summary which doesn't appear to
             | be part of the article (but maybe I just missed it?).
             | 
             | > _"Holding them for a couple days, a couple months
             | pretrial has devastating implications[1] for their lives,"
             | Ghandnoosh says. Many find it hard to keep a job, hard to
             | keep their housing. Such outcomes for a minor offense or no
             | offense at all, she says, makes it more difficult to live a
             | law-abiding life and could tip people into crime._
             | 
             | Seems like lots of evidence in the article, actually, and
             | overall the criminologists quoted seem very careful to not
             | overstate the conclusions the evidence can support.
             | 
             | [1] https://www.cato.org/research-briefs-economic-
             | policy/economi...
        
           | BryantD wrote:
           | Also, if you don't ruin someone's life based on a false
           | conviction, the impact of the inevitable junk science is
           | reduced.
        
           | josephcsible wrote:
           | Even if jail were completely ineffective as a deterrent
           | (which isn't true), it would still prevent crime, since the
           | rest of the world is safe from prisoners while they're in
           | jail.
        
             | giraffe_lady wrote:
             | This assumes that a person is either a criminal who will do
             | crimes, or is not and won't.
             | 
             | What studies show about this over and over is that _being
             | in certain situations_ increases the likelihood of a given
             | person committing a certain crime. If you remove them from
             | the situation, but now someone else is in that situation,
             | the likelihood of the crime is being committed is
             | unchanged.
             | 
             | Now people there is variance in how resistant people are to
             | the influences of those situations, and it varies both by
             | individual and by the specific crime. It's possible that
             | eventually you will have imprisoned everyone who would
             | _ever_ commit a crime under any circumstances, or at least
             | under the current ones. I don 't find the costs of that
             | acceptable, both financially and in terms of human
             | suffering. But if you do you should argue for that, rather
             | than lean on the implicit point that some people are
             | inherently criminal by their natures and so should be
             | isolated for it.
        
               | cmeacham98 wrote:
               | > there is variance in how resistant people are to the
               | influences of those situations, and it varies both by
               | individual and by the specific crime
               | 
               | How is this not just another way of saying "some people
               | are inherently criminal by their nature"?
        
               | kayodelycaon wrote:
               | Not OP, but it's about the situation, not something
               | fundamental to the person.
               | 
               | I'd also add there is nuance here. Not everyone in a
               | situation will behave the same way. What's changing is
               | the tendency towards behavior due to environment.
        
               | cmeacham98 wrote:
               | So you believe that in the same situation all people are
               | equally likely of committing a crime?
               | 
               | So everybody in the US just has a random small chance of
               | becoming a school shooter or serial killer?
               | 
               | I assume you support complete elimination of the criminal
               | justice system and courts then, because in your worldview
               | it seems criminals have no agency and the chance of them
               | committing a crime is 100% a function of their
               | environment.
        
             | schwartzworld wrote:
             | > since the rest of the world is safe from prisoners while
             | they're in jail.
             | 
             | Does this mean you would be in favor of judicial reform
             | that prevented those convicted of non-violent crimes from
             | going to prison? No reason to keep someone locked up on a
             | petty possession charge if our concern is safety of others.
        
               | josephcsible wrote:
               | Do you think we shouldn't send people like SBF, Elizabeth
               | Holmes, and Bernie Madoff to jail, since their crimes
               | were non-violent? And what about Al Capone, who was
               | responsible for a bunch of violence, but the only crime
               | we could get a conviction for was tax evasion, which is
               | non-violent?
        
               | anigbrowl wrote:
               | Could you answer the question you were asked instead of
               | haranguing the person who asked it?
        
               | anoonmoose wrote:
               | Yes, I think that non-violent offenders should not be
               | sent to jail, and I think that we should only punish
               | people for what we can prove in a court of law.
        
               | dinkumthinkum wrote:
               | What do you think should happen to non-violent criminals?
               | How would you enforce laws pertaining to non-violent
               | crimes or are such acts by definition non-crimes under
               | your worldview?
        
               | Gordonjcp wrote:
               | Would jailing them fix the mess they made? Would making
               | them work to fix the mess they made be more effective?
               | 
               | Locking people up only prevents them committing crime
               | while they're locked up. It doesn't do anything to solve
               | the actual problem.
        
               | dinkumthinkum wrote:
               | It is a deterrent. You could pretend it's not but that
               | doesn't make it less true. When more crypto scammers go
               | to jail, it has an effect on people's risk taking
               | behavior. Of course it does. To say it doesn't is
               | fallacious.
        
               | Gordonjcp wrote:
               | It's not a deterrent, though, because they're still doing
               | it.
               | 
               | Does it fix the problem? Does it get the people they
               | scammed their money back?
        
               | kaibee wrote:
               | > It is a deterrent. You could pretend it's not but that
               | doesn't make it less true. When more crypto scammers go
               | to jail, it has an effect on people's risk taking
               | behavior.
               | 
               | The only thing that is actually a deterrent is actually
               | catching criminals [1]. No criminal does what they do
               | expecting that they'll get caught and then weighing the
               | crime against the potential sentence.
               | 
               | > Of course it does. To say it doesn't is fallacious.
               | 
               | "trust me bro, its common sense"
               | 
               | [1] https://www.slowboring.com/p/the-best-way-to-end-
               | mass-incarc...
        
               | kube-system wrote:
               | "safety" in this context need not mean solely physical
               | safety.
        
             | misnome wrote:
             | Only if you never release anyone, because otherwise there
             | is the possibility that it would increase instances of
             | crime _more than if they had never gone to jail_ after
             | release.
        
               | UIUC_06 wrote:
               | Actually, that's provably false: older people commit
               | fewer crimes.
        
               | BigRedDog1669 wrote:
               | In general, yes they commit less crimes. But does a 45yo
               | person who was caged for 5 years and neglected commit
               | less crimes than a 40yo free person?
        
             | BizarroLand wrote:
             | I think imprisonment needs to be rethought if it's not used
             | for rehabilitation purposes.
             | 
             | I believe that if you CAN be rehabilitated into society,
             | you SHOULD be, and any imprisonment should be used for that
             | purpose and that purpose alone.
             | 
             | If you CANNOT be rehabilitated into society, you shouldn't
             | be imprisoned with the other people who can be, but should
             | be put off in a group of your other "irredeemable" peers or
             | something.
             | 
             | I think anyone CAN be rehabilitated, by the way, but not
             | everyone will want to.
        
             | iudqnolq wrote:
             | But prison makes people more violent, and people tend to be
             | released eventually. Unless you're willing to imprison
             | everyone forever, the calculus isn't that simple.
        
         | msla wrote:
         | In theory, there are two penalties that already exist: The
         | state not getting a conviction because the defense excludes the
         | evidence based on the Daubert standard, or, if that craps out,
         | the defense planting a reasonable doubt in the minds of the
         | jury by pointing out that the prosecution's case is built on
         | nothing.
         | 
         | https://www.law.cornell.edu/wex/daubert_standard
         | 
         | > Under the Daubert standard, the factors that may be
         | considered in determining whether the methodology is valid are:
         | (1) whether the theory or technique in question can be and has
         | been tested; (2) whether it has been subjected to peer review
         | and publication; (3) its known or potential error rate; (4)the
         | existence and maintenance of standards controlling its
         | operation; and (5) whether it has attracted widespread
         | acceptance within a relevant scientific community.
        
           | tonmoy wrote:
           | That's not a penalty though, if the case gets thrown out it's
           | just non-reward.
        
             | msla wrote:
             | I think the bar for prosecutorial misconduct is higher than
             | that, but maybe it should include trying to present bad
             | science.
        
               | [deleted]
        
             | vorpalhex wrote:
             | If you spend several work weeks on a project and I take it
             | out back and burn it down, we would all describe that as me
             | doing harm to you.
        
               | mcbits wrote:
               | If you pay me to work on a project, you can burn it for
               | all I care as long as the check clears.
        
               | torstenvl wrote:
               | And if I pay you significantly less than your peers, on
               | the theory that the work is a personal calling?
               | 
               | https://michiganprosecutor.org/careers/current-
               | positions/858...
               | 
               | https://www.bcgsearch.com/bestlawfirms/KrjDr/Miller-
               | Canfield...
        
               | mcbits wrote:
               | Then I should be subject to increased oversight and
               | scrutiny in case I start taking kickbacks to make up the
               | difference or botch jobs out of spite.
        
               | torstenvl wrote:
               | One of the things I like about HN is the exposure to
               | people with worldviews that are fundamentally
               | incompatible with mine. It's a refreshing anti-bubble.
               | 
               | I'm a lawyer who paid off some debt at a large firm
               | straight out of law school, before going into government
               | service. More than a decade later, I still don't make as
               | much as I did when I was 24. I find it exceedingly
               | difficult to imagine anyone making the same move if they
               | were so motivated by money that they'd be susceptible to
               | kickbacks.
        
               | yamtaddle wrote:
               | Hell, that describes like 95% of my career.
        
       | Zak wrote:
       | The judge being surprised the FBI conducted studies concluding
       | the technique lacks merit after having published an article about
       | the initial promising result is a problem. Preliminary results
       | without independent verification are notoriously unreliable.
       | 
       | Imagine an engineer designing something safety-critical based on
       | a single scientific paper describing a result that hadn't been
       | replicated elsewhere. Engineers usually don't do that, but if
       | they do they face _significant_ liability and risk losing their
       | licenses.
        
       | BryantD wrote:
       | This is absolutely wild. There's a guy out there who's been
       | teaching these courses for over 10 years, telling police that if
       | someone says "I don't know" on a 911 call it's a sign they might
       | have committed the crime.
       | 
       | It sounds like some judges throw this out of court, but people
       | have been convicted based on this stuff.
       | 
       | https://www.documentcloud.org/documents/23556915-911-cops-sc...
        
         | BizarroLand wrote:
         | My takeaway is that if you are ever on trial for a crime you
         | didn't commit, you need to make sure that your defense attorney
         | knows about this junk science and has a good and usable plan to
         | tear it to shreds, or the jury will listen to some random cop
         | talk about the quaver of your voice and accept that hunch as
         | all of the evidence needed to show that you're guilty.
        
           | boomboomsubban wrote:
           | And then you show up for your trial and they use some other
           | junk science you've never heard of to show that you're
           | guilty.
        
           | sidewndr46 wrote:
           | It does not actually matter, as you do not get to decide what
           | is admissible in court. You can not simply present any
           | arbitrary line of reasoning or questioning in a criminal
           | trial in the US. A judge could reasonably decide that this
           | junk science is admissible, but that your criticism is not.
        
           | laserlight wrote:
           | "Look mam. I've been a police officer for thirty years. I've
           | seen things that you can't imagine. I've seen serial killers,
           | child rapists, and whatnot. I know a criminal when I look
           | them in the eye. When I hear them talk, there's no doubt."
           | 
           | Investing in an acting coach to help you convince the jury
           | that you are the victim might be a better strategy than
           | teaching science to flat earther jurors.
        
             | jfengel wrote:
             | I imagine you're probably kidding, but as an actor:
             | 
             | There is little an acting coach can do to make you
             | believable. It will likely make you less so. First, you
             | won't be any good to start, and your instincts will get in
             | your way. Second, the kind of things you do to act don't
             | look good in real life. Even the most natural acting is
             | actually highly stylized, and looks good only to a camera
             | or an audience who has suspended disbelief.
             | 
             | You'd do better just winging it and hoping for the best.
             | Your lawyer might give you instructions on how to
             | manipulate a jury, but they will probably just tell you to
             | be honest and let them do the work of putting it into
             | context for a jury.
             | 
             | Acting is a specialized skill that is superficially easy
             | and deeply hard. Crossing from one to the other is an
             | aggravating process of suppressing all the things that make
             | a good naive actor succeed and replacing them with things
             | that feel completely wrong.
        
               | laserlight wrote:
               | Yes, it was a tongue-in-cheek argument. Thanks for your
               | take though. I enjoyed reading an actor's view on the
               | issue.
        
             | PicassoCTs wrote:
             | Prisons filled with resting bitch faces and unlikeable,
             | awkward people, the jury system does not produce better
             | justice, just different injustices close aligned to the
             | prejudices of the jurors. Still improvement over the deals.
        
             | slg wrote:
             | Until the prosecution find outs. "Why would the defendant
             | hire an acting coach to prep them for the trial if they
             | were innocent?" Another piece of meaningless circumstantial
             | evidence that will be held up as a definitive proof of
             | guilt.
        
               | mixdup wrote:
               | would that fact be admissible as evidence in the trial?
               | Seems like it shouldn't be because it's irrelevant
        
       | oftenwrong wrote:
       | I recall reading similarly-alarming articles about other police
       | junk science in the US. For example, Shot Spotter:
       | 
       | https://news.ycombinator.com/item?id=27959755
       | 
       | https://news.ycombinator.com/item?id=32258854
       | 
       | https://news.ycombinator.com/item?id=31958201
       | 
       | I believe I have read similar about drug sniffing dogs and
       | certain forms of field drug testing.
       | 
       | There appears to be no sufficient mechanism for preventing junk
       | science from tainting the process of justice.
        
       | hodgesrm wrote:
       | This story is why everyone should have the right to proper legal
       | representation regardless of ability to pay. Cases based on junk
       | science should not have to be reversed on appeal. It would also
       | help build precedent against such methods.
        
         | josephcsible wrote:
         | > everyone should have the right to proper legal representation
         | regardless of ability to pay
         | 
         | Isn't that already the case?
        
           | partdavid wrote:
           | In the U.S.? In theory; but in practice, there are a lot of
           | problems with the system. A couple of sources, pointing out
           | the failings and holes:
           | 
           | https://apnews.com/article/court-decisions-eric-holder-
           | supre... highlights the fact that this right extends only to
           | criminal matters, many if not most defendants don't actually
           | receive proper representation, and are subject to political
           | motivations.
           | 
           | https://bjs.ojp.gov/data-collection/national-survey-
           | indigent... highlights some numbers around things like most
           | systems for indigent defense still requiring payment, like
           | application fees or recoupment, and the lack of lawyers in
           | public defenders offices.
           | 
           | Remember also that this is only the system if the court
           | decides you "can't pay" and that's not the same thing as
           | "can't pay without selling your house" or "can't pay without
           | cleaning out your $1000 savings account". Judges can decide
           | that since you're living at home your parents can afford to
           | sell their assets to finance your defense, etc. So it's quite
           | porous and there are people who can't afford an effective
           | defense as we would understand but don't meet a judge's
           | interpretation of their state's standard for indigency.
        
           | inetknght wrote:
           | > _Isn 't that already the case?_
           | 
           | In spirit, perhaps. In fact, no. If you opt for court-
           | provided representation, your defense attorney will typically
           | have less than an hour to prep for your case -- barely long
           | enough to get "your side of the story" and certainly not long
           | enough to discover nuances relevant to the law. And you might
           | even still have to pay; in Texas, for example, you're _not_
           | entitled to court-appointed representation if your income is
           | above some unspecified amount.
        
           | hodgesrm wrote:
           | > Isn't that already the case?
           | 
           | In theory yes, according to the US Supreme court in Gideon vs
           | Wainwright. [0] In practice no. Public defender programs are
           | chronically underfunded in the United States. The problem
           | seems to affect states regardless of the party in control.
           | [1]
           | 
           | [0] https://www.oyez.org/cases/1962/155
           | 
           | [1] https://www.pewtrusts.org/en/research-and-
           | analysis/blogs/sta...
        
           | annoyingnoob wrote:
           | My brother is a public defender. He has decades of experience
           | and is board certified in Criminal Defense. He is a good
           | lawyer.
           | 
           | He tells me that something like half of his tiny department
           | quit after the pandemic. He has a crazy number of cases to
           | handle, there is no way he can do his full job for any of
           | them.
        
       | verisimi wrote:
       | How could junk science end up being implemented? Who oversees
       | this stuff?
        
         | polygamous_bat wrote:
         | A big criticism that I have heard from "defund the police"
         | folks is that a lot of police departments across the country
         | have more money than sense and accountability. If you are
         | inclined to believe this statement, it is inevitable that they
         | are, in best case, swindled by hucksters selling snake oil, and
         | in worst case, are dabbling in corruption to enrich themselves.
        
           | BizarroLand wrote:
           | If you have a big wallet and someone telling you that if you
           | don't spend all of that money this paycheck you'll get less
           | next paycheck, then you'll buy snake oil if you have to just
           | to make sure next week you still get paid the same.
        
         | BryantD wrote:
         | NIST apparently does some work in the field, although they
         | don't have oversight authority. They recently discovered that
         | bite mark analysis is worthless:
         | https://www.nist.gov/spo/forensic-science-program/bitemark-a...
        
           | Something1234 wrote:
           | NIST has some very good reasons not to be a regulatory
           | agency. They depend on a lot of cooperation with industry to
           | build some very high tech devices.
        
         | vorpalhex wrote:
         | A common test for these methods is that they undergo peer
         | review and are reasonably accepted.
         | 
         | Many of them DID pass peer review. They had papers written on
         | how well they work.
         | 
         | Obviously something in that peer review process has (yet again)
         | led us to junk science.
        
           | boomboomsubban wrote:
           | This example was already being used in cases before the
           | original study was even published for exploratory review.
        
           | linuxftw wrote:
           | Peer review is just people looking at a report and deciding
           | whether or not your conclusions and findings are based on the
           | data you reported.
           | 
           | What it's not is replication or in any way an indication that
           | the original research was independent. The person reviewing
           | your report has no way to know if your data is totally
           | fabricated or not unless they try to replicate your study.
        
         | mjhay wrote:
         | No one, really, except for the judge (who has training in law,
         | not science).
        
           | Scoundreller wrote:
           | We don't _have_ to appoint lawyers to the bench, but it's a
           | hard addiction to shake off.
           | 
           | (I'd argue we shouldn't, after all, anyone, including judges,
           | can hire out for legal advice as required)
        
       | mjhay wrote:
       | This and other forensic "science" doesn't need to be good
       | science. That's literally not the purpose at all. The purpose is
       | to convince a jury of the guilt of the defendant that the police
       | and prosecution have already decided is guilty. That's where the
       | incentives are, and that's what happens in practice (as is
       | explicitly clear in this case). CSI probably didn't help matters
       | here.
        
         | feet wrote:
         | That's only a sign that it needs to be changed, badly
        
         | dinkumthinkum wrote:
         | This is very reductionist. You act as if these people just want
         | to put any random person in prison. If this was true, unsolved
         | murder rates would not be so high. It fails basic logic because
         | from this premise, the police abs prosecutors are ready,
         | willing, and able to prosecute and largely convict innocent
         | people and it is in their benefit to have high clearances. What
         | explains the disparity?
        
           | jki275 wrote:
           | You should do some basic research on how many people are
           | falsely convicted. It's a LOT, and that's even allowing for
           | the fact that many of them you'll never know about because
           | they don't have the money to appeal or ever have those false
           | convictions overturned.
           | 
           | No, police do not generally just go grab somebody and
           | prosecute them. But they do regularly go and look for people
           | who might be tangentially connected, determine they are
           | guilty, and make up a case to prove them so. I've seen it
           | happen personally, a good friend of mine spent time in prison
           | for a crime someone else committed, I testified on their
           | behalf at the trial to no avail.
           | 
           | Police and prosecutors want to win. Police get promoted by
           | "solving cases" which has no relation to whether or not the
           | guilty person went to jail, only whether someone went to
           | jail. Prosecutors make their political bones on the backs of
           | people they put in prison -- again, whether they are guilty
           | or innocent doesn't actually matter.
        
             | dinkumthinkum wrote:
             | I mean you can just do basic research on how many people
             | are convicted and how many crimes are committed. You made a
             | false claim that the purpose is just to convince a jury
             | that someone is guilty. This is completely ridiculous and
             | is in line with leftist propaganda. The best thing is to
             | just realize the error than defending this bad assertion.
             | Forensics are used to identify victims and do assist an
             | enormous amount of cases to find perpetrators. Again, you
             | haven't explained why they are not clearing all if these
             | cases with tangentially connected individuals. Are there
             | false convictions, convictions based on malicious
             | prosecutors not searching for the truth, etc? Yes, of
             | course. But I don't know if you are familiar with the
             | United States but it it is massive in scale compared to
             | other countries and one of the largest countries without an
             | in-effect autocracy. I think you would be shocked at how
             | many crimes are committed every year and people rely on law
             | enforcement find and prosecute those perpetrators. You
             | might think that sounds stupid or like TV "copaganda" but
             | that is a reality.
        
             | dionidium wrote:
             | > _You should do some basic research on how many people are
             | falsely convicted. It 's a LOT_
             | 
             | It's something like 4-6%. For some crimes it may be as low
             | as 1% and for others as high as 10%. There are many reasons
             | why this happens and there's no one thing that's going to
             | drastically lower the rate:
             | 
             | - Although it may seem unbelievable, a significant
             | percentage of these convictions were the result of
             | confessions
             | 
             | - A significant percentage of the wrongfully-convicted
             | pleaded guilty
             | 
             | - Oftentimes the defendant is known to police who are
             | reasonably certain they've committed other heinous crimes
             | (this is the "he's guilty of _something_ " argument)
             | 
             | Some information here:
             | https://innocenceproject.org/research-resources/
        
           | mixdup wrote:
           | Does every prosecutor not care about the truth? No, of course
           | not. Plenty of prosecutors and police officers actually care
           | that they got the right person. But, there's a _lot_ who only
           | care about chalking up a win and closing a case, not actually
           | getting the right person. There are stories in the news _all
           | the time_ about folks being released after it was discovered
           | they were innocent beyond all doubt after a conviction
           | 
           | > It fails basic logic because from this premise, the police
           | abs prosecutors are ready, willing, and able to prosecute and
           | largely convict innocent people and it is in their benefit to
           | have high clearances. What explains the disparity?
           | 
           | It also looks bad if prosecutors are railroading very
           | obviously innocent people. The only reason it's happening as
           | much as it does is the poor saps who get caught up don't have
           | a very clear alibi or other evidence showing their innocence
        
         | rnd0 wrote:
         | >CSI probably didn't help matters here.
         | 
         | Indeed, it did not. It's so notorious it has it's own wikipedia
         | entry: https://en.wikipedia.org/wiki/CSI_effect
        
       | [deleted]
        
       | bena wrote:
       | The field of law enforcement is rife with bad science and even
       | misapplied science.
       | 
       | Television does not help. Copaganda shows like Bones, NCIS, CSI,
       | The Mentalist, Criminal Minds, and others give a very unrealistic
       | portrayal of what technology and people are capable of. And it's
       | become the standard that is expected. And gives the illusion that
       | if there is a "process", it must be accurate. That if the answer
       | is precise, it is accurate.
        
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