Exercises: Field Autopsy — Criminal Justice
Part A: Comprehension and Application
A.1. List five forensic techniques discussed in this chapter that lack adequate scientific validation. For each, state the claimed capability and the reality according to scientific assessment.
A.2. Explain how legal precedent (stare decisis) functions as an error-preservation mechanism. How does it differ from authority cascades in science?
A.3. The Innocence Project's data shows that eyewitness misidentification contributes to ~69% of wrongful convictions. Given that eyewitness unreliability has been extensively documented by research, why does the legal system continue to rely heavily on eyewitness testimony?
A.4. Define "prosecutorial tunnel vision" and explain how it functions as a structural form of confirmation bias. How does it differ from individual confirmation bias?
A.5. Explain the "visibility asymmetry" in criminal justice errors. Why are false acquittals more visible than false convictions? How does this asymmetry shape the system's behavior?
Part B: Analysis
B.1. Apply the Correction Speed Model to criminal justice. Compare your scoring to the chapter's analysis. Which variable is the most formidable barrier to reform?
B.2. Compare the Innocence Project's approach to challenging wrong forensic science with the Open Science movement's approach to challenging unreliable psychology. What structural similarities and differences exist? Why has psychology reformed faster?
B.3. The chapter identifies the race dimension of criminal justice failure modes. Analyze how three specific failure modes (eyewitness misidentification, prosecutorial tunnel vision, forensic examiner bias) are amplified by racial dynamics.
B.4. Design a forensic science accreditation system that would prevent the admission of scientifically unvalidated techniques in court. What standards would it require? Who would enforce them? What resistance would you expect?
Part C: Synthesis and Evaluation
C.1. The chapter argues that criminal justice "is not broken in the sense of malfunctioning — it is functioning as designed." Evaluate this claim. If the system is producing the outcomes it was designed to produce, what would a redesigned system look like?
C.2. Compare criminal justice's correction capacity to nutrition science's (Chapter 26). Both score poorly on the Correction Speed Model. Which field is more likely to correct first? What structural differences determine the answer?
C.3. If you could implement one structural reform to reduce wrongful convictions, what would it be? Justify using the failure mode framework and the Correction Speed Model.
Part D: Mixed Practice (Interleaved)
D.1. A defense attorney has evidence that a forensic technique used against their client (bite mark analysis) lacks scientific validity. Using this chapter AND Chapter 18 (outsider problem) AND Chapter 2 (authority cascade), design a legal strategy that addresses not just the individual case but the systemic admissibility of the technique.
D.2. A state legislature is considering a bill requiring all forensic techniques used in court to meet the scientific validation standards recommended by the NAS. Using the Correction Speed Model, predict the bill's fate. What institutional forces will support and oppose it?