PUBLIC Forums => Public Forums => Call For Assistance Feedback => Topic started by: afss on December 21, 2012, 08:19:41 AM
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Due to a question raised in the Israeli high court, I would like to ask you: Does your internal lab's procedures & protocols open to review?
Does a defence attorney have the right to get your internal procedures and workinh protocols?
I will apriciate if you'll mention in your answer where are you from in the world.
Thank you.
Lior
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We disclose our procedures when they are asked for. We don’t have any problems with that. Part of our court’s system of determining admissibility hinges on procedures/methods being accepted by the relevant scientific community and on showing that those procedures were followed.
Nat - From Minnesota Bureau of Criminal Apprehension
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Thank you Nat.
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USA, State of Tennessee. Protocols/procedures available by court order or subpoena, or by agreement between prosecution and defense.
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Thank you Steve.
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San Diego County, California, USA - about the same as Tennessee. More often than not, we are sent a court order or subpoena.
USA, State of Tennessee. Protocols/procedures available by court order or subpoena, or by agreement between prosecution and defense.
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Thank ypu Erin.
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Another question (as your legal system is different then ours), when you reply to subpoena, who issues it? the deffence?
Lior
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When subpoena's come, they are usually from the defense. Sometimes, there is an agreement in place between the prosecution and defense. Rarely, we get the subpoena from the judge as an 'ex parte' order, which means it's from the defense and we can't talk about it with the prosecutor.
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Thank you Steve, now I understand.
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Here in Ontario, Canada, we can be asked to disclose our procedures. All disclosure goes through The Crown (Prosecution). So if Defence wants to view our procedures, they ask the The Crown, and The Crown turns around and asks us. We send all our disclosure back to The Crown, who then forwards that onto the Defence. The Defence is free to contact us and ask us questions before trial, but any kind of documents that may be introduced in court have to go through The Crown for disclosure.
If there is a request for disclosure of our procedures, our QA unit gets involved and the request is carefully parsed and only what is EXACTLY asked for will be granted.
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Ours are available. At some point I think that they would be on a lab web site for all to see. No biggie to me. In fact, if there is something amiss I'd like someone to point it out so that we can tweak it.
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Thank you Shane & Bob, I think I have a preaty good idea about what is happenning in North America.
Are their any members from Europe?
I would like to take the opportunity and wish you all a Merry Christmess & a Happy new year.
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Shane,
When you say QA unit, do you mean Questions & answers or Quality assurance?
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I mean our Quality Assurance unit.
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Thank you all for your replys. Just to inform you, I am going to write an article about the subject, with an Israeli lawyer, attacking the Israeli police for witholding information.
I am going to relay on your answers, without mentioning you ofcourse. I will inform you about the responses.
Lior