WASHINGTON, D.C. — Political commentator and criminal justice advocate Van Jones and conservative attorney David Safavian argue in an opinion essay that unreliable forensic evidence—often referred to as “junk science”—continues to contribute to wrongful convictions and undermine confidence in the U.S. criminal justice system, calling for states to adopt stricter standards for admitting expert testimony.
The opinion, written by Jones and Safavian, argues that courts continue to admit forensic evidence that lacks scientific validation, allowing juries to rely on testimony that can result in wrongful convictions.
According to Jones and Safavian, while DNA evidence is generally reliable when properly collected, other forensic methods—including shaken baby syndrome diagnoses, bite-mark analysis, microscopic hair comparisons and bloodstain pattern analysis—have been presented to juries despite longstanding questions about their scientific reliability.
Jones and Safavian argue that forensic testimony often appears authoritative because it is presented by expert witnesses, even when the scientific methods underlying the testimony have been widely disputed. According to the opinion, jurors may accept these conclusions as objective scientific fact despite the lack of reliable evidence supporting some forensic disciplines.
Jones and Safavian cite the case of Nick Flannery, who was charged after his infant son suffered a medical emergency that prosecutors attributed to shaken baby syndrome. According to the opinion, independent medical experts later concluded that a preexisting medical condition likely caused the child’s injuries, yet prosecutors continue to pursue the case using the disputed medical theory.
According to Jones and Safavian, medical records in the Flannery case documented unusual head growth and symptoms consistent with an ongoing medical condition rather than abusive trauma. The opinion argues that despite those findings, prosecutors intend to present shaken baby syndrome evidence to a jury, illustrating how disputed forensic theories continue to influence criminal prosecutions.
The opinion also highlights the case of Robert Roberson, who came within days of execution in Texas after being convicted using shaken baby syndrome evidence. According to Jones and Safavian, the Texas Court of Criminal Appeals halted Roberson’s execution after determining that state law requires courts to reconsider convictions based on forensic evidence that has since been discredited.
According to Jones and Safavian, Roberson’s execution was halted only one week before it was scheduled to occur. The opinion argues that the case demonstrates how reliance on disputed forensic evidence can place defendants at risk of irreversible punishment before courts have an opportunity to reconsider evolving scientific research.
According to Jones and Safavian, other defendants, including Josh Burns in Michigan and Andrew Roark in Texas, also had their convictions overturned after appellate courts found that the forensic evidence used against them was unreliable.
Jones and Safavian argue that wrongful convictions not only deprive innocent people of their freedom but also impose significant financial costs through lengthy litigation, incarceration and compensation paid after convictions are overturned. According to the opinion, these cases also reduce public confidence in the criminal justice system by exposing flaws in the use of forensic evidence during criminal trials.
According to the opinion, the Kentucky Innocence Project reports that junk science contributed to 52% of the wrongful conviction cases it has reviewed, while false forensic evidence has been identified as a contributing factor in approximately 24% of wrongful convictions nationwide.
Jones and Safavian argue that state courts should adopt the standards outlined in Federal Rule of Evidence 702, which requires expert testimony to be based on “reliable scientific principles and methods.” According to the opinion, the rule gives judges the authority to exclude unreliable forensic evidence before it is presented to juries.
According to Jones and Safavian, federal courts already apply Rule 702 to evaluate expert testimony before trial, but many state courts continue to admit forensic evidence without the same level of scientific review. The opinion argues that adopting similar standards in state courts would help ensure that criminal convictions rely on scientifically validated evidence rather than unsupported expert opinions.
Jones and Safavian also argue that many state courts fail to rigorously evaluate forensic testimony before admitting it into evidence. They contend that stronger evidentiary standards would improve the accuracy of criminal trials while increasing public confidence in the justice system.
According to Jones and Safavian, the criminal justice system depends on jurors receiving accurate and scientifically reliable information before reaching a verdict. The opinion argues that excluding unsupported forensic testimony before trial would better protect innocent defendants while preserving confidence in criminal convictions based on credible scientific evidence.
Jones and Safavian conclude that judges should be empowered to screen out unreliable forensic evidence to protect innocent defendants. According to the opinion, states should adopt the approach outlined in Federal Rule of Evidence 702 to help reduce wrongful convictions and ensure criminal verdicts are based on scientifically credible evidence.
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