New Study Finds That State Crime Labs Are Paid Per Conviction
By Radley Balko Posted: 08/29/2013 12:46 pm EDT | Updated: 08/29/2013 12:46 pm EDT
I've previously written about the cognitive bias problem in state crime labs. This is the bias that can creep into the work of crime lab analysts when they report to, say, a state police agency, or the state attorney general. If they're considered part of the state's "team" -- if performance reviews and job assessments are done by police or prosecutors -- even the most honest and conscientious of analysts are at risk of cognitive bias. Hence, the countless and continuing crime lab scandals we've seen over the last couple decades. And this of course doesn't even touch on the more blatant examples of outright corruption.
In a new paper for the journal Criminal Justice Ethics, Roger Koppl and Meghan Sacks look at how the criminal justice system actually incentivizes wrongful convictions. In their section on state crime labs, they discover some astonishing new information about how many of these labs are funded.
- Funding crime labs through court-assessed fees creates another
channel for bias to enter crime lab analyses. In jurisdictions with this
practice the crime lab receives a sum of money for each conviction of a
given type. Ray Wickenheiser says, 荘Collection of court costs is the
only stable source of funding for the Acadiana Crime Lab. $10 is received
for each guilty plea or verdict from each speeding ticket, and $50 from
each DWI (Driving While Impaired) and drug offense.鋳
- In Broward County, Florida, 荘Monies deposited in the Trust Fund are principally court costs assessed upon conviction of driving or boating under the influence ($50) or selling, manufacturing, delivery, or possession of a controlled substance ($100).鋳
- Several state statutory schemes require defendants to pay crime laboratory fees upon conviction. North Carolina General Statutes require, 荘[f]or the services of鋳 the state or local crime lab, that judges in criminal cases assess a $600 fee to be charged 荘upon conviction鋳 and remitted to the law enforcement agency containing the lab whenever that lab 荘performed DNA analysis of the crime, tests of bodily fluids of the defendant for the presence of alcohol or controlled substances, or analysis of any controlled substance possessed by the defendant or the defendant痴 agent.鋳
- Illinois crime labs receive fees upon convictions for sex offenses, controlled substance offenses, and those involving driving under the influence. Mississippi crime labs require crime laboratory fees for various conviction types, including arson, aiding suicide, and driving while intoxicated.
- Similar provisions exist in Alabama, New Mexico, Kentucky, New Jersey, Virginia, and, until recently, Michigan. Other states have broadened the scope even further. Washington statutes require a $100 crime lab fee for any conviction that involves lab analysis. Kansas statutes require offenders 荘to pay a separate court cost of $400 for every individual offense if forensic science or laboratory services or forensic computer examination services are provided in connection with the investigation.鋳
- In addition to those already listed, the following states also require crime lab fees in connection with various conviction types: Arizona, California, Missouri, Tennessee, and Wisconsin.
- In Broward County, Florida, 荘Monies deposited in the Trust Fund are principally court costs assessed upon conviction of driving or boating under the influence ($50) or selling, manufacturing, delivery, or possession of a controlled substance ($100).鋳
No wonder there have been so many scandals. I'm sure we'll continue to see more.
(Disclosure: In 2008, Koppl and I co-wrote an article for Slate on how to fix some of these problems.)
http://www.huffingtonpost.com/2013/08/29/in-some-states-crime-labs_n_3837471.html?fb_action_ids=10201107704548244&fb_action_types=og.likes&fb_source=other_multiline&action_object_map={%2210201107704548244%22%3A382176585242926}&action_type_map={%2210201107704548244%22%3A%22og.likes%22}&action_ref_map =[] --
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