Attorney J. Bradley Smith answering the question: “Can the police search my car without a warrant?”
A recent article in the Huffington Post dealt with the issue of some state crime labs being impacted by the danger of cognitive bias. The author of the study notes that when crime lab analysts report to a state police agency or the attorney general, they can feel co-opted to be part of the state’s criminal justice team. The problem with this is that the crime lab should not be on anyone’s side, but instead neutrally review and analyze evidence.
A recent piece in the journal Criminal Justice Ethics deals with a related theme, how the current criminal justice system financially incentives wrongful convictions. Specifically, the article noted how crime labs in many states are actually funded through court fees, something that the authors say act as a channel for bias to enter the crime lab analysis.
In some states, the crime labs actually receive money for each criminal conviction. For instance, some crime labs depend solely on conviction money for their funding, with a crime lab in rural Louisiana receiving $10 for every guilty plea or verdict from each speeding ticket and $50 from DWI cases. Illinois crime labs earn money after convictions for sex offenses and drug crimes while Mississippi crime labs are paid after convictions for crimes including arson, DWI and aiding suicide.
Something that may surprise residents of North Carolina is that the state is named as being one of these locations where bias can be created due to the funding structure of the state’s crime lab. North Carolina law says that judges in the state are empowered to assess a $600 fee to those who have been convicted of various crimes to help pay for the services of a state or local crime lab. Such fees can be assessed whenever a lab performs DNA analysis of a crime, tests bodily fluids for the presence of alcohol or drugs or analyze any substance possessed by the defendant.