At the core of the American criminal justice system are the basic principles that a defendant is innocent until proven guilty and that every person accused of a crime is entitled to a fair trial. Wrongful convictions deprive innocent people of their freedom, deny closure to victims of crime, and undermine faith in the criminal justice system. Studies have demonstrated that the misapplication of forensic science is the second most common contributing factor in wrongful convictions in the United States.

Recommendation 1: Create a Forensic Science Statewide Body (FSSB).

Recommendation 2: Require accreditation of forensic Science agencies. 

Recommendation 3: Require registration of forensic science experts. 

Recommendation 4: Establish a standardized statewide process for complaints and investigations. 

Recommendation 5: Establish model policies for disclosing negligence or misconduct. 

Recommendation 6: Provide forensic science education and information. 

Recommendation 7: Make appropriations to enable best practices in forensic science. 

Recommendation 8: Promote independence of forensic science work within law enforcement agencies. 

Recommendation 9: Standardize and streamline access to forensic science service providers. 

Recommendation 10: Implement practices to promote quality control and compartmentalization. 

Recommendation 11: Establish forensic science practitioner training requirements.

Recommendation 12: Require continuing education for attorneys including forensic science. 

Recommendation 13: Require forensic science evidence education for judges. 

Recommendation 14: Promote accredited training programs for studies of forensic science. 

Recommendation 15: Amend MRE 702 to correspond with proposed amendments to FRE 702. 

Recommendation 16: Delete the expert witness instruction M Crim JI 5.10. 

Recommendation 17: Amend MCR 6.202(A) and 6.230. 

• The report found a lack of access to forensic evidence for defense attorneys. The creation of the FSSB will aid defense attorneys, in part, by creating greater access to forensic evidence. This access would include the “the laboratory case file including but not limited to, if applicable, photos of evidence, all communications, bench notes, worksheets and summary sheets, electropherograms, and CODIS reports.”

• The report found that many defense attorneys are unaware of the admissibility requirements for forensic evidence and how to handle Daubert procedures; the report recommends that attorneys should be required to complete some minimum number of hours of continuing legal education in forensic science. 

• The report suggests that MRE 702 be revised to clarify that the proponent of forensic evidence must show its reliability by a preponderance of the evidence at a Daubert hearing. This recommendation (#15) was adopted with dissent from the representative of the prosecutors’ associations. 

• The report recommends the creation of a new court rule to promote the timely disclosure of DNA evidence to defense counsel as well as the testing of DNA material by the defense and defense experts. 

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