Justice Is Now Ju$tice: State Crime Labs Paid Per Conviction
Radley Balko writes at the HuffPo that many state crime labs are paid by conviction. Horrific and horribly wrong:
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, ''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.''In Broward County, Florida, ''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).''
Several state statutory schemes require defendants to pay crime laboratory fees upon conviction. North Carolina General Statutes require, ''[f]or the services of'' the state or local crime lab, that judges in criminal cases assess a $600 fee to be charged ''upon conviction'' and remitted to the law enforcement agency containing the lab whenever that lab ''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's agent.''
Balko notes:
Think about how these fee structures play out in the day-to-day work in these labs. Every analyst knows that a test result implicating a suspect will result in a fee paid to the lab. Every result that clears a suspect means no fee. They're literally being paid to provide the analysis to win convictions. Their findings are then presented to juries as the careful, meticulous work of an objective scientist.No wonder there have been so many scandals. I'm sure we'll continue to see more.
Balko's Slate piece with Koppl on how to fix some of the problems in forensic science.








Here's a novel concept: the government's in the business of trying to convict people at taxpayer expense - a form of public housing; have the state fund and support both sides equally. Not likely to happen, tho.
DaveG at August 30, 2013 4:31 AM
Agree with Dave G.
Or a proven false test subjects the tech to the same penalty as the person convicted gets.
Jim P. at August 30, 2013 6:42 PM
Obviously, we must make defendants pay for negative results. I'd do it in a heartbeat.
matt at August 30, 2013 7:03 PM
Having the convicted pay the lab that convicted them is obscene. The government should pay for convictions and non-convictions alike. If there's no money, then too fucking bad. Pick your battles like everyone else.
Assholio at August 30, 2013 7:28 PM
I find myself agreeing with Assholio. What were crime labs 100 years ago? Maybe a guy with a magnifying glass and a bunch of finger prints? So they are clearly not necessary to the world of police/crime-related work, but a very useful luxury.
Also, what about abductions, etc. If there's a crime, but no suspect, the lab has no incentive to prioritize that work. Because a kidnapping or triple homicide can easily wait on the backburner while they run the latest test on a white powdery substance found at a traffic stop for a guy who's now in jail for a major parole violation and is not going anywhere.
Frankly, I think crime labs should be more like CSI - using science to FIND the suspects and/or winnow down the suspect list for major crimes.
Shannon M. Howell at August 31, 2013 6:57 AM
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