Volume 69, Issue 4 pp. 1334-1349
ORIGINAL PAPER

The false promise of firearms examination validation studies: Lay controls, simplistic comparisons, and the failure to soundly measure misidentification rates

Richard E. Gutierrez JD

Corresponding Author

Richard E. Gutierrez JD

Forensic Science Division, Law Office of the Cook County Public Defender, Chicago, Illinois, USA

Academy Standards Board, Firearms and Toolmarks Consensus Body, Colorado Springs, Colorado, USA

Correspondence

Richard E. Gutierrez, Forensic Science Division, Law Office of the Cook County Public Defender, Chicago, Illinois, USA.

Email: [email protected]

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Emily J. Prokesch JD

Emily J. Prokesch JD

Discovery and Forensic Support Unit, New York State Defenders Association, Albany, New York, USA

Columbia School of Law, New York, New York, USA

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First published: 29 April 2024
Citations: 4

[Correction added on May 20, 2024, after first online publication: The authors’ affiliations have been updated in this version.]

Co-authors Richard E. Gutierrez and Emily J. Prokesch contributed equally to this study.

Abstract

Several studies have recently attempted to estimate practitioner accuracy when comparing fired ammunition. But whether this research has included sufficiently challenging comparisons dependent upon expertise for accurate conclusions regarding source remains largely unexplored in the literature. Control groups of lay people comprise one means of vetting this question, of assessing whether comparison samples were at least challenging enough to distinguish between experts and novices. This article therefore utilizes such a group, specifically 82 attorneys, as a post hoc control and juxtaposes their performance on a comparison set of cartridge case images from one commonly cited study (Duez et al. in J Forensic Sci. 2018;63:1069–1084) with that of the original participant pool of professionals. Despite lacking the kind of formalized training and experience common to the latter, our lay participants displayed an ability, generally, to distinguish between cartridge cases fired by the same versus different guns in the 327 comparisons they performed. And while their accuracy rates lagged substantially behind those of the original participant pool of professionals on same-source comparisons, their performance on different-source comparisons was essentially indistinguishable from that of trained examiners. This indicates that although the study we vetted may provide useful information about professional accuracy when performing same-source comparisons, it has little to offer in terms of measuring examiners' ability to distinguish between cartridge cases fired by different guns. If similar issues pervade other accuracy studies, then there is little reason to rely on the false-positive rates they have generated.

CONFLICT OF INTEREST STATEMENT

The authors have no competing financial interests to declare.

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