Blog | Resources: Challenging Unreliable Quantitative Analysis Forensic Science

Jan 20, 20188 min read

Attempt to Distinguish R. v. Jackson

Purpose of this Argument: To distinguish R. v. Jackson on the basis of a differences in facts. Distinguishing the Jackson[92] Decision As...

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No Sampling of Aging Instruments in the Field

Stephen Biss

Jan 19, 20185 min read

No Sampling of Aging Instruments in the Field

Purpose: To suggest that ATC/CFS scientists cannot provide any scientific opinion of the reliability of aging instruments out in the...

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Stephen Biss

Jan 18, 201810 min read

Durability Over Time

Purpose: To obtain admissions respecting the inadequacy of ATC / CFS recommendations in requiring "stability of metrological...

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Stephen Biss

Jan 17, 20185 min read

Each Test Stands on Its Own

Sample cross-examination on the ATC and CFS Position Paper policy that every test stands on its own - that "reliability" has nothing to...

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Stephen Biss

Jan 17, 20184 min read

All of the Software is Legally Relevant

Purpose: To establish that the international literature indicates that all of the approved instrument's software is legally relevant to...

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International Std OIML R126 Mandates Maximum Permissible Error

Stephen Biss

Jan 16, 20185 min read

International Std OIML R126 Mandates Maximum Permissible Error

Sample Cross-examination of CFS expert on OIML standard R126 (2012) respecting maximum permissible error in evidentiary breath...

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No Supervision by ATC, CFS, or Anyone of Annual/Periodic Inspection SOPs

Stephen Biss

Jan 15, 20186 min read

No Supervision by ATC, CFS, or Anyone of Annual/Periodic Inspection SOPs

Purpose: To show that the ATC recommendations for operational procedures at time of use do not account for the need during inspections to...

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Is an Approved Instrument Really a Screening Device?

Stephen Biss

Jan 15, 201813 min read

Is an Approved Instrument Really a Screening Device?

Purpose: To suggest that an AI is a quantitative analysis instrument and an ASD is a qualitative analysis instrument and suggest that the...

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Manipulating Control Test Data to Enhance Precision

Stephen Biss

Jan 15, 20186 min read

Manipulating Control Test Data to Enhance Precision

Purpose: To neutralize the government scientist's assertion that anomalous data should be excluded from calculation of precision. To...

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Stephen Biss

Jan 14, 20187 min read

Error Rates and Drift in Precision

Purpose: To establish that the ATC/CFS is not sampling from aging instruments out in the field to determine error rates To establish that...

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Federal Government Policy and Mandatory Calibration Intervals

Stephen Biss

Jan 14, 20182 min read

Federal Government Policy and Mandatory Calibration Intervals

Purpose: To obtain an admission that the ATC Position Paper of 2012 contradicts the federal government policy in the Fairness at the...

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Control Tests do not displace Formal Calibration Intervals

Stephen Biss

Jan 13, 20187 min read

Control Tests do not displace Formal Calibration Intervals

Purpose: To separate conceptually control tests from calibration To obtain an admission that there are no "assessors" in the province of...

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R. v. Vallentgoed Distinguished on facts - Short Calibration Interval

Stephen Biss

Jan 13, 201817 min read

R. v. Vallentgoed Distinguished on facts - Short Calibration Interval

Purpose: To obtain admissions from the Crown expert to enable argument that Vallentgoed can be distinguished on its facts - particularly...

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Short Calibration Interval and Reliability

Stephen Biss

Jan 12, 20184 min read

Short Calibration Interval and Reliability

Why is disclosure of information about the "calibration" of the approved instrument essential to any assessment of the reliability of a...

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Linearity Studies are Done on New Instruments not Aging Instruments

Stephen Biss

Jan 12, 20182 min read

Linearity Studies are Done on New Instruments not Aging Instruments

Purpose: To obtain admissions that the published studies dealing with the linearity of approved instruments assume a new instrument...

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Instrumental Deviations from Beer-Lambert Law

Stephen Biss

Jan 11, 201810 min read

Instrumental Deviations from Beer-Lambert Law

This blog entry explores the use of a university textbook during cross-examination of a CFS scientist on "Instrumental Deviations from...

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Stephen Biss

Jan 11, 20184 min read

Bandwidth of Filters Changes Over Time

Sample cross-examination of CFS scientist on aging IR filters. IR instruments use light filters at the end of the sample chamber. As...

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Beer-Lambert Law as Stated in Training Aid is Over-Simplified and Inadequate

Stephen Biss

Jan 10, 201810 min read

Beer-Lambert Law as Stated in Training Aid is Over-Simplified and Inadequate

This blog entry contains excerpts from the cross-examination of a CFS scientist during an over 80 trial. It was suggested to the...

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The "known" is the original calibration of the instrument

Stephen Biss

Jan 10, 20182 min read

The "known" is the original calibration of the instrument

Purpose: To separate the concepts of "calibration" from "control checks" To clarify that "calibration" is something that happens at the...

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Stephen Biss

Jan 9, 201812 min read

Traceability of a Measurement Result

Purpose: To educate the Court about the meaning of "traceability" in measurement science. To obtain an admission that there is a...

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