[HN Gopher] Accused murderer wins right to check source code of ...
       ___________________________________________________________________
        
       Accused murderer wins right to check source code of DNA testing kit
        
       Author : anfilt
       Score  : 799 points
       Date   : 2021-02-07 09:33 UTC (1 days ago)
        
 (HTM) web link (www.theregister.com)
 (TXT) w3m dump (www.theregister.com)
        
       | hastradamus wrote:
       | The co-founder of the company, Mark Perlin, is said to have
       | argued against source code analysis by claiming that the program,
       | consisting of 170,000 lines of MATLAB code, is so dense it would
       | take eight and a half years to review at a rate of ten lines an
       | hour.
       | 
       | This is hilarious. As if you need to read every damn line and you
       | can't skip blank lines? You can skip whole files that aren't
       | relevant. Weak excuse
        
         | jariel wrote:
         | The statement is odd, at the same time, it's not outrageous for
         | him to make in the sense that - lines of code notwithstanding -
         | the underlying science i.e. the application of the product is
         | the thing in question.
         | 
         | It's a pretty interesting case.
         | 
         | At least the core nature of the algorithm should be made public
         | if we're going to use it for public inquisition.
        
         | heavyset_go wrote:
         | "It could take too long :(" is an interesting excuse not to
         | examine the evidence that could put someone behind bars for the
         | rest of their life.
        
       | zyngaro wrote:
       | This kind of software should be required by law to be open
       | source.
        
         | TheRealDunkirk wrote:
         | Yes, just like voting machines. But how do we confirm that the
         | software which was vetted is the software that was actually
         | _used_?
        
           | mseidl wrote:
           | Nobody should use electronic voting.
        
             | Spivak wrote:
             | People keep saying that but electronic voting would be
             | great! Set it up so the process is _exactly_ like mail-in
             | ballots except digital and you can't have made it any
             | worse. It's not like emailing a PDF to be opened by an
             | election official is any different than mailing a document
             | to be opened by that same official.
        
               | Ekaros wrote:
               | No one should use mail in voting either...
        
               | Spivak wrote:
               | Except for the sick, disabled, elderly, deceased, people
               | overseas or out-of-town, anyone in the military that's
               | deployed, people who don't have good access to
               | transportation, people who work long continuous shifts
               | like healthcare workers and firefighters, poll workers,
               | people in jail awaiting their trials, people with
               | stalkers...
        
               | ryukafalz wrote:
               | How many Nigerian princes have asked for your bank
               | account number via physical mail? How about via email?
               | 
               | The internet lowers the barrier to certain forms of abuse
               | substantially enough that I don't think you can so easily
               | say you won't have made it any worse.
        
               | Spivak wrote:
               | I mean none because Gmail's spam filters are pretty good
               | these days but I take your point. I'm not at all saying
               | people should be trained to vote via unsolicited email.
               | You would have to ask for digital voting when you
               | register. And you would of course be able to check that
               | your ballot was received through the same online form
               | that already exists for mail-in ballots.
               | 
               | Right now you already give election officials your email
               | for mail-in ballots and if there's a problem with your
               | ballot they'll email you!
               | 
               | I think we could do a lot better than this when it comes
               | to online voting but as a baseline optionally replacing
               | the transport from physical mail to email I don't think
               | would be the end of the world.
        
           | [deleted]
        
           | heavyset_go wrote:
           | Well, for voting, you just don't use machines. Counting by
           | hand is an easy algorithm to audit, and literally any adult
           | that can count is able to audit the process themselves.
        
           | calciphus wrote:
           | Compile it, run it with the same inputs the prosecution
           | claims was provided, and see if you get the same result.
           | That's sorta the point of computers, right? Same inputs on
           | the same program, same output?
        
             | glitchc wrote:
             | Same compiler? Same configuration? Same OS? There will be
             | variations in the output. How much variation is reasonable?
        
               | fsflover wrote:
               | https://reproducible-builds.org/
        
             | [deleted]
        
             | curryst wrote:
             | > Compile it, run it with the same inputs the prosecution
             | claims was provided, and see if you get the same result.
             | That's sorta the point of computers, right? Same inputs on
             | the same program, same output?
             | 
             | One difficulty here is that the input is a real world
             | effect. That means the answers are rarely exactly the same.
             | The last time I looked, breathalyzers have a ~50% margin of
             | error. So if you blow a 0.06, your BAC is really somewhere
             | between 0.03 and 0.09. You could mod your breathalyzer to
             | always assume that the reading was 25% higher than the
             | reality without being noticed, as long as your breathalyzer
             | doesn't return a result that's already 25+% higher during
             | testing. Even if it does, your other results will be in
             | range.
             | 
             | They need to just stop using breathalyzers. They're
             | inaccurate pieces of machinery, operated by people without
             | any medical knowledge to speak of, who have a vested
             | interest in the readings being high. The whole thing, from
             | top to bottom, is just a long chain of poorly aligned
             | incentives. Field sobriety tests are even worse. The fact
             | that your license can be revoked for refusing the test
             | under the above grounds is nothing short of an end-run
             | around the 4th amendment by declaring driving a "privilege,
             | not a right" despite the fact that it is extremely hard to
             | live in most of the US and not be able to drive. How the
             | fuck do I survive in rural
             | Oklahoma/Georgia/Kentucky/Texas/etc, 40 miles from the
             | nearest bus stop, without a car? And all without any due
             | process. It's never impacted me, but it bothers me
             | nonetheless.
             | 
             | They need to force people to go in for a blood draw to
             | establish BAC. It is an accurate test, administered by
             | competent medical professionals, who have no vested
             | interest in the outcome either way. Yes it does take
             | longer. Yes, some people who were at 0.08 will be down to
             | 0.07 by the time the test is administered. I still find
             | that more comforting than the fact that some people at 0.06
             | will read at 0.09, and some people at 0.14 are going to
             | read at 0.07.
             | 
             | There's also the fact that a cop who doesn't calibrate
             | their breathalyzer is merely going to get a slap on the
             | wrist, and a medical professional who does the same is
             | probably going to end up with a huge malpractice suit and
             | possibly lose their license if it was egregious in some
             | way.
        
               | kart23 wrote:
               | >The last time I looked, breathalyzers have a ~50% margin
               | of error
               | 
               | Source on this? I know the portable ones are like this,
               | but I thought the actual court-admissible ones are more
               | accurate, and the calibration procedures need to be
               | followed to get a conviction. Also, FSTs are quite good
               | for preliminary screening, a proper HGN test especially.
               | And if you ask for a blood test, they are required to
               | give you one and consider it in court.
               | 
               | Cops have no incentive to make people who aren't drinking
               | take FSTs or the breathalyzer, its just a waste of their
               | time. They don't want to be bothering normal people, they
               | want to be taking real dangerous and irresponsible
               | drivers off the road. You survive by not drinking before
               | driving, or having a DD, its really not that hard.
               | 
               | Implied consent is the reason for the tests, and you
               | agree to it when you sign for a license. And I think its
               | a worthwhile tradeoff if it actually works to reduce DUI
               | deaths.
        
               | tsimionescu wrote:
               | > [Cops] don't want to be bothering normal people, they
               | want to be taking real dangerous and irresponsible
               | drivers off the road.
               | 
               | That's the nice theory we all wish we lived in, but the
               | reality all over the world is that police will extremely
               | often do things for their own petty reasons, often
               | systematically. Police departments often have quotas for
               | tickets, they can often extract a bribe by threatening
               | someone with a DUI, they can simply want to scare
               | 'undesirables' out of a 'nice neighborhood'.
               | 
               | In general, there are good reasons to be extremely weary
               | of the police and their motives.
        
               | JoeAltmaier wrote:
               | Not true universally. In-car breathalyzers are calibrated
               | regularly; have margins much closer to 10%. They are
               | portable and simple to use.
               | 
               | Maybe in the 'bad old days' it was worse. But today its
               | been scrutinized in court so many times, it has to be
               | bulletproof to get deployed.
               | 
               | Now, blood testing may differ from breath testing. Which
               | is aligned with impaired driving? Breath testing may be
               | the better measure. If state laws are often couched in
               | terms of breath alcohol, then they are the only correct
               | measure.
        
               | themaninthedark wrote:
               | > The whole thing, from top to bottom, is just a long
               | chain of poorly aligned incentives. Field sobriety tests
               | are even worse. The fact that your license can be revoked
               | for refusing the test under the above grounds is nothing
               | short of an end-run around the 4th amendment by declaring
               | driving a "privilege, not a right"
               | 
               | I agree and I wish I had a better solution.
               | 
               | >They need to force people to go in for a blood draw to
               | establish BAC.
               | 
               | I know the intention is good, but that seems like a very
               | scary proposition to me. I think the same poorly aligned
               | incentives will line up here too.
               | 
               | "We are now partnered exclusively with X-clinic to do all
               | the blood tests."
               | 
               | X-clinic just happens to tweak their procedure so that
               | borderline samples end up showing under influence.
        
               | Jolter wrote:
               | Many jurisdictions would have enough cases come through
               | to justify employing someone trained to draw a blood
               | sample.
               | 
               | Btw here (Sweden) the breathalyzer is only used to help
               | decide whether someone gets picked up for a blood draw or
               | not. Only a blood test can be used to convict someone.
        
               | themaninthedark wrote:
               | To be honest, having someone affiliated with the justice
               | department would not be seen as something that increases
               | trust.
               | 
               | There are historical and current issues that cause this
               | distrust, having an adversarial or multiple third parties
               | is probably the best option for the US.
        
             | antidocker wrote:
             | What if compiler hijacked? What if the OS itself hijacked?
             | What if the hardware has built in backdoor?
        
             | [deleted]
        
           | razakel wrote:
           | It's staggering that a slot machine in Vegas has more
           | official scrutiny than a voting machine.
        
           | CivBase wrote:
           | At some point you just have to trust people to not
           | intentionally lie in a trial. We have very stiff penalties
           | for anyone caught lying in court, but there isn't much more
           | we can realistically do.
        
             | jsjsbdkj wrote:
             | We have stiff penalties for _civilians_ lying in court.
             | Cops can lie in court, get caught, and still have the court
             | accept their version of events as basis for proscution.
        
           | pacamara619 wrote:
           | It's not just like voting machines if it's just software.
           | Just give it the same DNA as input and check if your results
           | match the others.
        
         | fsflover wrote:
         | https://publiccode.eu
        
       | duluca wrote:
       | Things are only going to get murkier when leveraging ML. All of
       | this needs to become open source.
        
         | fritzo wrote:
         | Agreed, and with ML we'll need both open source and open
         | training data.
        
       | known wrote:
       | Sounds rational since conviction should be on irrefutable
       | evidence;
        
       | kazinator wrote:
       | > _Mark Perlin, is said to have argued against source code
       | analysis by claiming that the program, consisting of 170,000
       | lines of MATLAB code, is so dense it would take eight and a half
       | years to review at a rate of ten lines an hour_
       | 
       | What an deplorably dishonest argument to present to laypeople.
       | 
       | If there is some weakness in it so the accused has a way to
       | plausibly deny the DNA test, it will take a consultant who has
       | relevant competence something like week or two to find it.
       | 
       | Finding a problem doesn't require looking at every line of
       | 170,000.
        
       | zupreme wrote:
       | What is unfortunate is that it took going to appeal to force the
       | judge to allow the code review at all.
       | 
       | Without, at minimum, an independent review (and preferably open
       | source code) the software and lab processes being used constitute
       | an inscrutable "black box" process within which any judgment can
       | be made, for any conceivable reason, with life-changing effects
       | for the defendant (and for the victims of a crime if, for
       | example, a rapist or murderer is set free by a non-match
       | decision).
       | 
       | One could even say that unreviewable code here falls under the
       | umbrella of "secret evidence", which much of the world already
       | knows can be easily misused and/or misapplied at the whim of the
       | court.
        
         | criddell wrote:
         | In Canada you can't even get the breathalyzer maintenance
         | records:
         | 
         | https://www.canadianlawyermag.com/news/general/maintenance-r...
        
         | vmception wrote:
         | People sometimes ask me what my "number" is, like how much net
         | worth or "money" I want, what would I do with it
         | 
         | I say "I want to be able to afford appeals court where my
         | rights matter"
         | 
         | Infinite appeals court!
         | 
         | Most people plea out, cant make bail, dont have counsel buddy
         | buddy with the judge enough to get you bail, and lose the
         | ability to keep good counsel for more and more motions and
         | appeals
         | 
         | I want that, there is almost no pride in American rights if you
         | cant afford them. People tie their whole identity to a system
         | they arent even part of
        
           | roywiggins wrote:
           | Appeals? Only ~3% of people charged even go to trial, the
           | rest plead out.
           | 
           | Just giving everyone a substantive right to trial would
           | amount to a revolution.
        
             | vmception wrote:
             | Yeah. But just giving _myself_ that right first, forever.
        
           | lotsofpulp wrote:
           | I have the same line of reasoning when people talk about
           | having enough to feel secure. Even simple civil legal matters
           | cost in the tens of thousands of dollars easy.
           | 
           | And the system works so that you're either rich enough to be
           | able to defend yourself and the money spent doesn't affect
           | you, you're poor enough that you have nothing to lose, or
           | you're in the middle, busy trying to get from poor to rich,
           | but you are vulnerable to losing it all because you don't
           | have enough to protect it, but you have enough that it's
           | worth for someone else to try and take it.
        
             | cyberlurker wrote:
             | Yes, that middle zone (that most of us probably live in) is
             | terrifying. And it's why we get conned into so many
             | different types of insurance.
             | 
             | "One disaster and all that progress is gone."
        
               | hutzlibu wrote:
               | "Yes, that middle zone (that most of us probably live in)
               | is terrifying"
               | 
               | More terrifying than the bottom where you got nothing to
               | loose? I doubt it. Otherwise, why be afraid of it?
        
               | vmception wrote:
               | I would say just because of the energy and sacrifices
               | used
               | 
               | At the bottom you don't have to pretend that the
               | circumstances will improve, and there is some freedom
               | associated with some approaches to that. Careers don't
               | need to have continuity, I know many people in
               | hospitality and service industry whose vacation policy is
               | saving and quitting one restuarant, travelling, and
               | getting another job at a different restuarant when they
               | get back. Sure other approaches have lots of energy used
               | on finding food and shelter that day, and service and
               | hospitality work is not necessarily at the bottom, my
               | post isn't about those approaches and dilemmas.
               | 
               | People in the distinct category of "professional"
               | careers, not my term, don't feel like they have that
               | freedom to have any timegaps and are resigned to earning
               | small periods of time off, and often times that is true.
        
           | ineedasername wrote:
           | Or just make the entire system based on a sort of "public
           | defender" model. As it stands, a person accused of a crime
           | and then found innocent has still been punished without even
           | being found guilty due to enormous legal bills. It is a
           | highly asymmetric power structure for anyone who isn't
           | wealth: the prosecutors have massively more resources than
           | the average person to call upon. Alternatively, when
           | prosecuting the wealthy, that asymmetry is reversed, which
           | might be equally problematic.
        
         | undersuit wrote:
         | Guess you should just start doing these crucial DNA tests
         | against some sort of panel of tests instead of just one lab. It
         | would be a shame for the quality of the code in your one test
         | to convict an innocent or free the guilty.
        
       | WaitWaitWha wrote:
       | The tone of this thread is leaning to "forensics evil, government
       | lackeys out to get the little guy".
       | 
       | In the USA, all sides can call and rely on their own forensics.
       | There is no government mandated & approved single-source-of-truth
       | (with some minor exceptions).
       | 
       | > Forensic labs and companies are expert witnesses with black box
       | processes and the incentive to protect the authority of their
       | profession.
       | 
       | This statement is at minimum an extreme generalization. Forensic
       | field is a very large field, with many government and private
       | "forensicators".
       | 
       | There are no "black box processes". The very word "forensic" is
       | based on presenting in full view, front of the fact finders (jury
       | & judges usually).
       | 
       | How deep this gets dug into depends on the fact finders and
       | attorneys.
       | 
       | In all court cases the forensic examiner can be called to
       | demonstrate with extreme nuance how they performed the
       | procedures. Any tools used are can be requested to be examined,
       | including software. Vendors that I have worked with _all_ have
       | experts on staff specifically to appear in court and detail the
       | inner workings of their tools.
       | 
       | Not only tools, processes, and environments, but the examiner can
       | be drilled on their experience, education, degrees, previous
       | cases, failures, etc. They do call it "voir dire" for a reason.
       | 
       | This does not negate the fact that there are some bad apples, bad
       | prosecutors, and bad judges.
        
         | Falling3 wrote:
         | > In the USA, all sides can call and rely on their own
         | forensics.
         | 
         | ... to the extent their financial resources allow.
        
           | eeZah7Ux wrote:
           | ...which can be extremely different between parties leading
           | to EXTREMELY biased outcomes.
        
             | Falling3 wrote:
             | Exactly.
        
           | WaitWaitWha wrote:
           | I think your way of writing it is the the best expressed.
        
         | WaitWaitWha wrote:
         | There are several comments regarding that if one cannot pay for
         | an opposing forensic investigation, then forensics is a black
         | box.
         | 
         | Either you are moving the goal post, or I am to donnish.
         | 
         | Let's agree that it is scientifically _not a black box_ , but
         | some may not be able to pay for such service.
         | 
         | There were suggestions of nationalizing, centralizing or
         | governing forensics and just have one, unbiased working for the
         | courts.
         | 
         | This diametrically opposed to the problem pointed out by many
         | where prosecutors will use specific labs because they return
         | more positives. If the prosecution and the forensicator work
         | for the same employers, how is that prevent further erosion of
         | this problem?
        
         | dingoegret wrote:
         | That's because forensics has a sordid history of being
         | overvalued in trial cases because of magic thinking like "it's
         | science it must be the truth". When in reality a lot of it is
         | quackery and science is the last thing that leads to a simple,
         | quick and direct truth.
        
         | 0xfffafaCrash wrote:
         | Sorry but forensic "expertise" in the court room has always
         | been laughable. In "full view of the judge and jury" means
         | absolutely nothing when these people are completely
         | scientifically illiterate and defer to the so called expert who
         | has a financial incentive to help the prosecutor. There's an
         | entire industry of people who make their livings by reliably
         | testifying to the guilt of defendants and then being
         | compensated for their "expertise." They just need to be paraded
         | as experts and how would a layperson be expected to know any
         | better? The quality of defense in the American justice system
         | has everything to do with who can afford to pay for it. I could
         | cite a hundred sources but here's a small sample...
         | 
         | [0] https://www.sciencemag.org/news/2016/03/reversing-legacy-
         | jun...
         | 
         | [1] https://pubmed.ncbi.nlm.nih.gov/30447642/
         | 
         | [2] https://theconversation.com/how-corruption-in-forensic-
         | scien...
         | 
         | [3] https://www.newyorker.com/magazine/2009/09/07/trial-by-fire
        
         | inetknght wrote:
         | > _There are no "black box processes". The very word "forensic"
         | is based on presenting in full view, front of the fact finders
         | (jury & judges usually)._
         | 
         | You're wrong.
         | 
         | When the defendant can't afford an expert witness then the
         | defendant is literally shut out from being able to understand
         | the technology involved.
         | 
         | Good luck proving to a jury made up of non-technical people how
         | thread timing problems cause math problems in DNA analysis
         | without an expert witness.
         | 
         | Good luck getting an expert witness to testify to that when the
         | source code is hidden behind a black box "company trade
         | secret".
        
         | ncallaway wrote:
         | > In the USA, all sides can call and rely on their own
         | forensics
         | 
         | Ah, not quite.
         | 
         | More accurately: "all sides can call and rely on their own
         | forensics _if they can afford it_"
         | 
         | In this country we _say_ that everyone has the right to an
         | attorney, but that doesn't extend to expert witnesses.
         | 
         | This means forensic evidence becomes a _phenomenal_ tool for
         | targeting the little guy, or the lower classes, while
         | conveniently providing hooks for the more wealthy defendants to
         | escape the system.
        
         | tal8d wrote:
         | > There are no "black box processes".
         | 
         | Do you know how much of the fingerprint match process is left
         | up to the judgement of the examiner? You can't get much more
         | "black box" than another person's brain. Last time I checked
         | (several years ago), tool mark analysis was still without
         | objective foundation. Also... bitemark analysis - that was a
         | thing.
        
         | dhdhhdd wrote:
         | My experience is the following testimony: "i put the following
         | parameters to the following program and this was the result.".
         | 
         | Potentially explainig why the given pareters were chosen.
        
         | anomaloustho wrote:
         | > Any tools used are can be requested to be examined, including
         | software.
         | 
         | Out of curiosity, if this is a common occurrence that is
         | willfully obeyed by all vendors and parties involved. Could you
         | shed some light on why this vendor is resisting?
        
           | WaitWaitWha wrote:
           | No, it is not common but does happen. There are several cases
           | on drug testing, DNA, bite mark, and software that comes to
           | mind. Scientifically well established processes, tools, etc.
           | are rarely called up.
           | 
           | Bite mark was a big deal in the industry because it turns
           | out, it is not so unique and the methodologies developed were
           | weak.
           | 
           | My personal opinion why the are resisting? They are resisting
           | because they are bottom dwellers. Forensicators whom I
           | associate with, tool vendors, and I understand that we have
           | to share knowledge. I dare say, we are the most open source
           | scientific knowledge industry.
           | 
           | This is not because of some altruistic reason, but because
           | tomorrow they can be called on to explain.
        
       | LatteLazy wrote:
       | We had a case in the uk with accounting software. Dozens of
       | people were convicted over decades because the software couldn't
       | be wrong. Until eventually someone actually checked.
       | 
       | https://www.bbc.co.uk/news/business-54384427
        
       | pvitz wrote:
       | I have worked with MATLAB code with 20,000 lines of code. Only
       | over the past years, OOP and unit-testing has become properly
       | available and usable. My guess is that this 170,000 lines are
       | written in the old procedural way (also for performance reasons)
       | and are full of bugs, also thanks to the lack of supporting
       | tools.
       | 
       | Most likely, this grew out of a research prototype that just
       | worked too well to be reimplemented in a proper production
       | environment.
        
         | fatnoah wrote:
         | I wonder if bug tracker and other reports would be part of
         | discovery in this case.
        
           | pvitz wrote:
           | Equally interesting is in my opinion who should do the
           | review. Mathworks' own consulting service is probably the
           | best to do so, but I wonder if they would objectively work
           | against one of their own customers.
        
             | fatnoah wrote:
             | Yeah, any technical expert in a trial concerns me. I was an
             | alternate juror (meaning I had to sit through the trial but
             | was not allowed to take part in any deliberations) in a
             | trial that involved the testimony of a computer "expert".
             | The expert's testimony was 100% true and appeared to
             | definitely prove X to someone who knew nothing about the
             | subject matter. It was things analogous to saying the
             | system was secure because it had a security chip.
             | 
             | There were 1,000,000 questions I wished had been asked.
        
       | egberts wrote:
       | Well, DNA matching is crapshoot and hazardous toward the
       | innocents. We can still find unrelated folks with partial match
       | by the virtue of segmentation.
       | 
       | https://dna-explained.com/2017/01/19/concepts-segment-size-l...
        
       | rudylee wrote:
       | Why can't just they run the DNA test again in 2 or 3 other
       | different software ? If all of them come back with the same
       | result then we can assume that the first software is not buggy
       | right ?
        
         | handoflixue wrote:
         | It could be that they're all copying the same Stack Exchange
         | answer, or making the same basic mistake - If 50% of
         | programmers do averages wrong, it's not ridiculous to claim
         | that 3 in a row got it wrong. Tripling your costs and still
         | having a 12.5% failure rate isn't great.
        
       | giantg2 wrote:
       | Now if this can become precedent for all evidence derived from
       | automated systems. There have been some past battles about BAC
       | machines in this regard.
        
       | Mashimo wrote:
       | Yay, free code review?
        
       | Snoozus wrote:
       | Why don't they just redo the analysis with a few other software
       | packages?
        
         | MaxBarraclough wrote:
         | That would help with variance, but not with bias.
         | 
         | Business incentives presumably reward all such companies for
         | helping the police get convictions, so it doesn't seem a far-
         | fetched concern.
        
         | elliekelly wrote:
         | The defendant has a right to "confront" their accuser. So when
         | an algorithm is the one doing the accusing it seems only fair
         | that the defendant should be able to understand how and why the
         | algorithm arrived at that conclusion. Running the analysis
         | through every software package available wouldn't satisfy the
         | defendant's 6th amendment rights.
        
           | carlmr wrote:
           | It wouldn't satisfy them, but if one of the software packages
           | gave a different answer they can't both be correct.
        
             | elliekelly wrote:
             | Or worse, they could give the same incorrect answer.
        
         | jonnycomputer wrote:
         | Who is "they"
        
           | unnouinceput wrote:
           | Probably "they" refer to prosecution. And yeah, why is
           | prosecution going with that lab/software only? One reason is
           | probably the DNA available for more testing is not enough /
           | one testing could been done reliable with DNA taken from
           | crime scene. Other reason might be behind the scenes
           | incentives, which seems is the defense strategy here
        
             | jlgaddis wrote:
             | > _why is prosecution going with that lab /software only?_
             | 
             | Presumably becquse that lab/software gave them the answer
             | they were looking for.
             | 
             | Why pay for even more lab/software testing when you've
             | already got what you want (especially when it's a
             | possibility that the additional testing will contradict the
             | first)?
        
             | vaduz wrote:
             | Even if you had plenty of DNA material, going with multiple
             | labs comes with a risk that one of them comes with a "no
             | match" result - and that is something that is supposed to
             | be disclosed to defense as potential exculpatory evidence -
             | and is a nice source of reasonable doubt for a jury. It's
             | something that is terribly inconvenient for the prosecution
             | when someone has already been charged with the crime...
        
       | amelius wrote:
       | How does this work? They only have to find 1 bug and the entire
       | case is dropped / postponed?
        
         | carlmr wrote:
         | I guess they have to show this bug changes the result.
         | 
         | But if you look at e.g. the case against Toyota where they had
         | expert witnesses from Carnegie Melon and NASA testifying that
         | the code was a horrible mess, I think that was sufficient for a
         | multi billion dollar fine. So I guess with the admission from
         | the DNA company that their code is basically unreviewable,
         | written in a language known for prototyping, if they get an
         | expert witness to testify this it may be enough without showing
         | how the software misbehaves exactly.
        
       | LockAndLol wrote:
       | For the Europeans among us, I would like to remind you that
       | there's an initiative to opensource all publicly funded code
       | 
       | https://publiccode.eu/
       | 
       | If you care, add your signature and vote for a party during the
       | next elections that considers opensource at least somewhat
       | important.
        
       | brutal_chaos_ wrote:
       | Disclaimer, I am FOR seeing the source in these cases.
       | 
       | Say the defense finds the software in a very, very troubling
       | state. Could that be telling enough to not trust the outcomes of
       | the software? Assuming the DNA parts were correct, but the rest
       | is junk, this is where the plaintiff would bring in their expert
       | to counter the arguments?
       | 
       | Perhaps ^ is just a weak argument. I don't know how well versed
       | courts are in these matters. (My guess is NOT that well versed
       | because of the CFAA of the 80's up to Aaron Schwartz, and more).
       | 
       | My legal background is Law and Order, so I have no idea what I'm
       | talking about, just curious.
        
       | johnnyfived wrote:
       | How would a team of independent reviewers even go about examining
       | source code of this scale? How can you possibly find bugs that
       | aren't super obvious?
        
         | twobitshifter wrote:
         | The defense team only needs to provide the jury with a
         | reasonable doubt. They don't have to prove that it's entirely
         | wrong, only the existence of mistakes that call into question
         | the overall accuracy. The founder has already made their
         | argument for them by claiming that the entire codebase is
         | impossible to review. "since a complete review is not possible,
         | we reviewed a sample of x files and found y errors in the code.
         | It is obvious that the developers has not adhered to the strict
         | software code quality review standards that are necessary when
         | dealing with life and death situations."
        
         | pavel_lishin wrote:
         | > _How would a team of independent reviewers even go about
         | examining source code of this scale? How can you possibly find
         | bugs that aren 't super obvious?_
         | 
         | Something tells me that 170k of Matlab code is going to contain
         | _plenty_ of obvious bugs.
        
       | motohagiography wrote:
       | It's an important development. Forensic labs and companies are
       | expert witnesses with black box processes and the incentive to
       | protect the authority of their profession. They are as likely to
       | lie as any other witness. Perhaps even moreso.
       | 
       | "Those arguing on behalf of the defense cited past problems with
       | other genetic testing software such as STRmix and FST (Forensic
       | Statistical Tool). Defense expert witnesses Mats Heimdahl and
       | Jeanna Matthews, for example, said that STRmix had 13 coding
       | errors that affected 60 criminal cases, errors not revealed until
       | a source code review." "They also pointed out, as the appeals
       | court ruling describes, how an FST source code review "uncovered
       | that a 'secret function . . . was present in the software,
       | tending to overestimate the likelihood of guilt.'"
       | 
       | An analogous situation with an alcohol and drug testing lab
       | caused a scandal in Canada and called into question 16,000 child
       | protective services cases:
       | https://en.wikipedia.org/wiki/Motherisk , and then at the same
       | hospital(!), a forensic pathologist was giving fake prosecution
       | evidence,
       | https://en.wikipedia.org/wiki/Charles_Smith_(pathologist)
       | 
       | Maybe there's just something about Toronto and compromised
       | processes, but defense challenges to the integrity of automated
       | systems looks like a growth field.
        
         | IG_Semmelweiss wrote:
         | i think we can all agree that black boxes are not desirable.
         | 
         | But let's not jump the gun here, and assume ill-intent.... to
         | explain something that can be attributed to negligence, or
         | simple human error.
        
           | anamexis wrote:
           | Why shouldn't we assume ill-intent? The precedent and the
           | incentives are there.
        
           | IgorPartola wrote:
           | When your negligence results in people wrongfully spending
           | decades in prison I would argue that it ought to be criminal
           | negligence. If your software does not produce results that
           | are accurate, precise, and have confidence intervals
           | included, how OK are you with people going to prison based on
           | them?
        
             | crazygringo wrote:
             | The quality standards need to be set by the courts or by
             | leglislation.
             | 
             | No software is perfect. It's unreasonable for any bug to be
             | considered criminal negligence, or else the entire software
             | development profession would be in prison.
             | 
             | Instead, software that can result in life or death or
             | prison scenarios needs to have tested, documented, verified
             | quality controls, just like we do for vehicles.
             | 
             | But that means courts or the legislature have to decide
             | what those standards are.
        
             | caconym_ wrote:
             | Yeah, there need to be consequences for this. The
             | alternative is empowering people and corporations to
             | destroy lives with impunity in pursuit of their own goals,
             | as long as they can later claim it wasn't intentional.
             | 
             | What really pisses me off is how we fail again and again to
             | ask the question of whether these entities should have been
             | doing what they were doing in the first place, if it even
             | _can_ be done safely. Facebook, Equifax, police
             | surveillance and misconduct, totally unaccountable
             | "forensics" techniques--in all these cases where
             | incalculable damage is done in totally predictable ways, we
             | only address it reactively (if we address it at all) and
             | completely fail to fix or even really consider the root
             | cause(s). It's like we have this huge blind spot where we
             | take as a given that established entities doing thing(s)
             | just have a right to keep doing them, regardless of any
             | other factors.
             | 
             | In this case, forensics "experts" (essentially witch
             | doctors) and fly-by-night black-box "labs" with unproven
             | methodologies an undergrad intern might have developed in a
             | week or two are institutionalized in our courts. This has
             | happened _because_ there is zero oversight and zero
             | accountability for their claims, and lives are destroyed as
             | a result.
             | 
             | It is insane not to pursue criminal charges for these
             | indiscriminate arsonists of justice--if they can't do what
             | they claim to do fairly and accurately, they should _not do
             | it_. They don't have a right to "try" just because it will
             | make them money, regardless of the consequences.
        
               | tsimionescu wrote:
               | A lot of people respond to this as if the fact that it
               | would be nice if forensics worked justifies treating them
               | as if they do. 'What do you want them to do, stop looking
               | for fingerprints and DNA evidence?' Yes! Just like I
               | don't want them to use 'lie detectors' or hire psychics.
        
               | caconym_ wrote:
               | Exactly! It's pure wishful thinking, and in a lot of
               | cases those wishes are (at best) frighteningly amoral in
               | context.
               | 
               | It's like a hack to get around the whole "reasonable
               | doubt" thing: just sequester all that pesky doubt in a
               | black box so that people can't see it, and if anyone asks
               | just play dumb.
        
             | drstewart wrote:
             | >I would argue that it ought to be criminal negligence
             | 
             | I would like a thorough analysis of everything you've ever
             | learned that led you to this conclusion, and if we find one
             | mistake in your lifetime of learning then this is also
             | criminal negligence on your part.
        
             | [deleted]
        
           | kspacewalk2 wrote:
           | I agree that we shouldn't _assume_ ill intent, but we should
           | recognize it is a very real possibility. Ill intent comes in
           | when you realize the simple human error. Alone, in your
           | office, poring over code or reviewing past files. Then you
           | weigh the impact on your career and reputation of honestly
           | fessing up, and put it off for a while, then a while longer.
        
         | AS37 wrote:
         | > a forensic pathologist was giving fake prosecution evidence
         | 
         | The doctor handled thousands of cases in his career, and a
         | well-funded inquiry found issues with less than 1% of them.
         | 
         | Sure we'd like that to be 0%, and society should spend time
         | thinking of how much they rely on complicated processes of
         | reasoning, but that's a really good accuracy.
        
           | sethammons wrote:
           | If the error goes against innocent people, then it must be
           | unacceptable. If the error sides with the "would-be"
           | criminal, that is more acceptable as we, as a society, have
           | decided that letting a few bad folks go is preferred to
           | imprisoning innocents.
        
             | 35fbe7d3d5b9 wrote:
             | > as we, as a society, have decided that letting a few bad
             | folks go is preferred to imprisoning innocents.
             | 
             | We, as a society, like to _say this_ because it makes us
             | feel good.
             | 
             | But a critical analysis of our actions reveals that we
             | don't believe it for a second. We are happy to write
             | overbroad laws that allow most behaviors to be
             | criminalized, over police marginalized communities, and
             | place those who have been convicted by this flawed system
             | in deeply dysfunctional prisons that may well violate their
             | human rights.
        
           | yarcob wrote:
           | From the Wikipedia page
           | 
           | > In June 2005, the Chief Coroner of Ontario ordered a review
           | of 44 autopsies carried out by Smith. Thirteen of these cases
           | had resulted in criminal charges and convictions. The report
           | was released in April 2007, indicating that there were
           | substantial problems with 20 of the autopsies.
           | 
           | That sounds more like 45% to me.
           | 
           | Also this bit from the article about a baby that allegedly
           | had a skull fracture:
           | 
           | > Later exhumation of the child and examination of the skull
           | have shown that there was no skull fracture. It is thought
           | Dr. Smith confused the normal gap between the baby's skull
           | plates for an injury.
           | 
           | Holy shit that is bad. Even as a lay person I know about
           | these gaps.
        
             | AnIdiotOnTheNet wrote:
             | > Holy shit that is bad. Even as a lay person I know that
             | there are gaps between skull plates.
             | 
             | Sure, but can you tell them apart from a fracture caused by
             | injury? Presumably someone knowledgeable in medicine should
             | be able to, but maybe it is one of those things that isn't
             | as obvious as we, the uneducated outsider, might think.
        
               | R0b0t1 wrote:
               | That's an extremely flawed argument. If you can't explain
               | it to a layman then you don't understand it. If you can't
               | tell whether it's a gap or a fracture -- you can't get a
               | conviction.
               | 
               | "It just looks like it" is not a valid reason.
        
               | AnIdiotOnTheNet wrote:
               | It is possible that they could have well supported their
               | assessment with evidence and still been wrong.
        
               | AS37 wrote:
               | Interestingly there's an area of psychology called
               | Naturalistic Decision Making which studies how experts
               | make decisions that they _can 't_ explain. (Example: a
               | firefighter may be able to pinpoint where a fire is
               | before they enter a house and see it.)
        
             | dathinab wrote:
             | > there are gaps between skull plates.
             | 
             | Between Baby skull plates, not adult ones ;-)
             | 
             | They grow together at some point.
        
               | yarcob wrote:
               | I edited my post to make it clear I don't think skulls
               | have gaps in general.
        
           | pc86 wrote:
           | You say that as if these were mistakes or unfortunate
           | culminations of circumstance. The man committed fraud and
           | sent innocent, grieving parents to prison by proxy. I don't
           | think it's unreasonable to expect that to be 0.00% and punish
           | those harshly who exceed that metric.
        
             | badRNG wrote:
             | If I'm a juror, and the evidence presented happens to have
             | a false positive rate of 1%, that certainly meets my
             | understanding of "a reasonable doubt."
        
               | londons_explore wrote:
               | I would need a _very very_ big pile of very clear cut
               | evidence to find someone guilty of a crime where the
               | likely outcome is a substantial prison time.
               | 
               | It's all tradeoffs, but "his blood was found on the
               | murder weapon" wouldn't be sufficient for me - some
               | childhood enemy could easily have planted a bunch of
               | forensic evidence next to a crime scene.
        
               | michaelt wrote:
               | Unfortunately, the vast majority of crimes don't produce
               | evidence that rises to the level you call for.
               | 
               | After all, if my next door neighbour barged into my house
               | and beat me up, the only evidence would be my visible
               | injuries and my statement that it was my neighbour.
               | 
               | I'm not sure if I'd prefer a society where he would be
               | convicted, or where he wouldn't.
        
               | londons_explore wrote:
               | Maybe your neighbour has a nicer car than you which makes
               | you feel insecure so you decide to beat yourself up and
               | go to the police saying your neighbour did it.
               | 
               | Considering that possibility, I don't want to put your
               | neighbour in prison.
        
               | michaelt wrote:
               | And presumably, if having been denied justice I pursue
               | revenge instead, I can barge into his home and beat him
               | up, as he did to me, and avoid punishment for the same
               | reason?
               | 
               | While I admire your devotion to Blackstone's Ratio, this
               | doesn't seem like a recipe for stability and rule of law
               | to me.
        
               | Nightshaxx wrote:
               | A murderer kills less than 1% of all the people they
               | meet. Does that mean we should just accept their
               | behavior?
        
               | slickQ wrote:
               | A murderer who kills 1% of the people he meets has
               | certainly committed a crime. A person who has a 99%
               | chance of being a murderer has not certainly committed a
               | crime.
               | 
               | That is depending on your threshold of certainty. 1% is
               | not that high considering that, according to the OJJDP, 5
               | milion people were arrested for serious charges in 2019
               | so with a 1% false positive rate that would be 100,000
               | people falsely imprisoned every year.
               | 
               | It does not have to be and really can't be 0% but 1% is
               | unreasonably high in my opinion. If it can't be helped
               | then it can't be helped but that isn't necessarily the
               | case with these devices.
        
               | throwaway2245 wrote:
               | Is it bad that I'd guess you would be excluded from a
               | jury if you admitted this upfront?
        
             | mschuster91 wrote:
             | Additionally it could be made a requirement that, like in
             | professional sports, two or three blood drafts are taken -
             | one sample is analyzed and one is either kept until the
             | case is closed or analyzed at a different lab if the
             | evidence is contested.
        
               | londons_explore wrote:
               | This method doesn't protect against evidence tampering.
               | Someone can just take a drop of that blood and smear it
               | on the victims clothes. Now it doesn't matter how many
               | labs analyze it, it's always going to come back a
               | match...
        
             | yarcob wrote:
             | The wikipedia page is heartbreaking. Griefing parents sent
             | to jail, their other children taken away and placed in
             | foster care... So many lifes made miserable by one
             | person...
        
           | dghlsakjg wrote:
           | The end result of that tiny little error rate was tens of
           | millions in settlements and legal costs, families permanently
           | separated by government mandate, and multiple people spending
           | more than a decade in prison.
        
         | m463 wrote:
         | Imagine what an innocent man goes through.
         | 
         | If I was innocent, I'd be 100% certain that the system was
         | screwed up, and if DNA evidence "proved" it, I'd want to look
         | at the code too.
         | 
         | I remember reading about the husband who was falsely accused of
         | murdering his wife, and it was very very sad.
         | 
         | https://www.texasmonthly.com/politics/the-innocent-man-part-...
        
         | JoeAltmaier wrote:
         | I'm not so sure we should be allowing challenges to expert
         | witness, with no evidence. That sounds like a rich source of
         | abuse of the system, like a big company filing thousands of
         | briefs to delay a case.
         | 
         | It's important for experts to use validated, tested equipment.
         | That's clear. And by the sound of it that is happening (stories
         | of how code was tested and found wanting confirm that; stories
         | of double-blind testing).
         | 
         | Maybe what is needed is, an 'underwriters lab' certification
         | for such devices. To forstal the inevitable gaming of the
         | 'right to challenge'.
        
           | jonhohle wrote:
           | In most criminal complaints the defendant has far fewer
           | resources than then the prosecution. The prosecution has a
           | conflict of interest to get a conviction. Absolutely
           | everything about their process needs to be above reproach,
           | including their experts. A challenge to that process,
           | approved by a judge, seems like a small consolation in a
           | biased system.
        
             | sixothree wrote:
             | When I was a juror on a murder trial the one thing that was
             | most clear was the disparity in resources.
             | 
             | On one side were 6 impeccably dressed men in what I
             | presumed were multi-thousand dollar suits. On the other
             | side was single overwhelmed, overworked, and under-dressed
             | defender who was steam-rolled at every sentence she spoke.
             | 
             | I ended up in traffic court last year for a parking ticket
             | that I can only think must have been stolen from my car
             | during a festival. After spending just a few hours waiting
             | my turn, it was pretty clear who exactly the police target
             | for traffic violations. But this is a tangent.
        
           | JumpCrisscross wrote:
           | It seems reasonable to have a lower bar for challenging
           | expert witnesses in criminal cases versus civil ones.
        
           | tehwebguy wrote:
           | Absolutely not! Please, if you want to know why, look into
           | expert witness testimony as a whole, possibly can start with
           | "burn pattern experts".
           | 
           | Not to mention we have a constitutional right (6th amendment)
           | to face and cross examine witnesses against us in the US, a
           | black box should not void that right.
        
           | yholio wrote:
           | > I'm not so sure we should be allowing challenges to expert
           | witness, with no evidence
           | 
           | Any challenge is "allowed" in the sense that the parties can
           | try to convince the judge there is a flaw.
           | 
           | The question is one of burden of proof: should the expert
           | prove they have a trustworthy result, or should the expert
           | testimony stand on their credibility alone, and the defense
           | scramble to poke holes into it armed with incomplete
           | information.
           | 
           | For a system that can put people into jail for life and that
           | acts as a direct extension of state power, it's obvious the
           | latter can have disastrous consequences. Effectively, any one
           | who acquirers the "judicial expert" title can put people in
           | jail at their whim.
        
           | gamblor956 wrote:
           | When I was a public defender I made my career by cross-
           | examining expert witnesses. There are a dozen innocent people
           | walking around free today because I challenged the expert
           | despite going into the cross "with no evidence."
           | 
           | What you call abuse, I call due process.
           | 
           | (And your proposed solution is already part of the expert
           | certification and questioning process in criminal trials, so
           | it isn't a solution. Experts must testify that the equipment
           | they used was calibrated/certified/etc based on the standards
           | applicable to the field.)
        
             | JoeAltmaier wrote:
             | Testify does not equal independently certified. Also,
             | double-blind testing is not really subject to faking. Its
             | the standard of science.
             | 
             | Responses to my comment are all around 'how it is now'
             | which seems not to be very reliable. A responsible
             | testing/certification process would address that.
        
               | gamblor956 wrote:
               | You've just moved the goal posts from someone who can be
               | crossed in court to someone who can't, which is worse,
               | because then you have now way of verifying that the
               | "independent" certifier is actually independent or that
               | the certification was properly done.
               | 
               | You still need to allow the "independent certification"
               | to be examined in court to validate both the independence
               | and the certification. The means testimony on the
               | applicable standards, and how the specific equipment used
               | satisfied those standards. And right now, the expert
               | witness already does the latter with respect to
               | calibration, etc., for the equipment they used.
        
               | JoeAltmaier wrote:
               | The skepticism has to end somewhere. Else ever court case
               | becomes an infinite regressing into doubting the
               | foundations of everything.
               | 
               | Of course self-certification is not the best. To bring up
               | that straw man (as most of these posts do) is not
               | advancing the conversation.
        
               | tsimionescu wrote:
               | That straw man is essentially the status quo at the
               | moment...
        
               | JoeAltmaier wrote:
               | Reread the comment being responded to? It started with
               | that, suggested an alternative. Anything helpful to add?
        
           | salamanderman wrote:
           | Grossly oversimplifying it, but it is what my lawyer uncles
           | say, and is consistent with what I saw as a juror on a civil
           | trial involving many topics I'm personally an expert in,
           | expert witnesses are paid to lie on the stand. At the very
           | least they are paid very very well (the amount they were paid
           | was emphasized at the trial I was at) to state only the
           | information consistent with what the person paying them
           | wanted to them to say, regardless of whether they know
           | information that would be more helpful to the other side.
        
             | kspacewalk2 wrote:
             | Of course this is the case, but rather than lying, I think
             | it is only a consequence of selection bias. You don't see
             | the experts rejected by the prosecution (or defence) for
             | opinions that aren't helpful, because _of course_ they won
             | 't be invited to testify.
        
             | JoeAltmaier wrote:
             | They answer any question put to them. The defense has to
             | ask the right questions of course.
             | 
             | I know expert witnesses. They are of impeccable character,
             | and will seek to educate as well as they are allowed.
        
               | tsimionescu wrote:
               | You know _some_ expert witnesses. I doubt you have a good
               | acquaintance of a significant percentage of all expert
               | witnesses.
        
             | AS37 wrote:
             | > At the very least they are paid very very well... to
             | state only the information consistent with what the person
             | paying them wanted to them to say
             | 
             | Anecdotally, if you replace 'paid' with 'incentivized' my
             | understanding is the same.
             | 
             | And here's a totally unrelated Wikipedia link:
             | https://en.wikipedia.org/wiki/Michael_Baden
        
           | josephorjoe wrote:
           | defendants should always be able to challenge expert
           | witnesses qualifications.
           | 
           | and how could anyone on hacker news claim there is 'no
           | evidence' that unreviewed software may do something other
           | than what people claim it does? especially if it 170,000
           | lines of matlab?
           | 
           | from the article:
           | 
           | > "Without scrutinizing its software's source code - a human-
           | made set of instructions that may contain bugs, glitches, and
           | defects - in the context of an adversarial system, no finding
           | that it properly implements the underlying science could
           | realistically be made," the ruling says.
        
             | x0x0 wrote:
             | Particularly when TrueAllele specializes in
             | 
             | > _probabilistic genotyping_ [1]
             | 
             | and
             | 
             | > _solves mixed DNA samples, low template DNA and kinship
             | problems_ [1]
             | 
             | And the product sheet discusses
             | 
             | > _models for PCR artifacts_ [2]
             | 
             | This sure feels like they go way beyond typical dna match
             | technology into maximally extracting information via
             | statistics, so their methods definitely should be open for
             | review.
             | 
             | [1] https://www.cybgen.com/products/casework.shtml
             | 
             | [2] https://www.cybgen.com/solutions/brochures/unique_featu
             | res.p...
        
         | GizmoSwan wrote:
         | DNA testing should be double blind. I have no idea if it is.
         | 
         | Sample contamination can be arranged before sent to the lab
         | though.
        
         | MaxBarraclough wrote:
         | > Forensic labs and companies are expert witnesses with black
         | box processes and the incentive to protect the authority of
         | their profession.
         | 
         | I imagine they're also incentivised to favour a result
         | indicating guilt.
        
           | anonAndOn wrote:
           | > incentivised to favour a result indicating guilt
           | 
           | Exhibit A: Annie Dookhan of the Massachusetts State Crime Lab
           | who is suspected of falsifying _thousands_ of drug tests
           | 
           | [0]https://www.cbsnews.com/news/massachusetts-lab-tech-
           | arrested...
        
             | HarryHirsch wrote:
             | Annie Dookhan did about 3 years of jail, which is risible,
             | considering that her cooking of evidence affected > 30000
             | cases. No visible consequences for the supervisor, which is
             | scandalous, considering that the had been carrying on for
             | at least 4 years.
        
           | tantalor wrote:
           | Why? The risk to their reputation & livelihood for a false
           | positive should temper that.
        
             | dathinab wrote:
             | Because they likely use metrics which highlight how many
             | criminals where caught due to their system.
             | 
             | On the other side a metric which says how many times _no
             | conclusive evidence was found_ with DNA testing sounds more
             | like a metric of failure (but is not, if you don 't have
             | qualitative good enough evidence including "complete
             | enough" DNA you should not make up results which simply
             | don't exists, but then courts ruling without conclusive
             | evidence isn't that rare and some would say even necessary
             | to some degree. It's just that many believe DNA tests are
             | somehow unfailable perfects ways to prove the presence of
             | an specific person at a specific place, but they are often
             | not).
        
             | vkou wrote:
             | When a DNA lab issues a false positive, its CEO doesn't go
             | to prison, nor do they get hit with a charge-back for all
             | the tests they've done in the past year.
             | 
             | Their reputation doesn't matter as much as you think.
             | Police procurement isn't based on the reputation of the
             | vendor. It's based on whether or not the vendor delivers
             | the results they want.
             | 
             | In fact, government procurement in general, isn't based on
             | the reputation of the vendor. This is by _design_.
        
             | _jal wrote:
             | Livelihood is frequently the reason why biases creep in.
             | Independent labs tend to do better.
             | 
             | Here's a look at two different Texas crime labs. Compare
             | and contrast, and see if you can spot the differences.
             | 
             | https://gritsforbreakfast.blogspot.com/2021/02/beyond-aid-
             | to...
             | 
             | It starts with one pledging to:                  aid law
             | enforcement in the detection, suppression, and prosecution
             | of crime
             | 
             | whereas the other seeks to                   provide
             | medical examiner and crime laboratory services of the
             | highest quality in an unbiased manner with uncompromised
             | integrity.
             | 
             | and goes from there.
        
             | acranox wrote:
             | Maybe for some, but look what happened in Massachusetts.
             | https://en.wikipedia.org/wiki/Annie_Dookhan
        
             | MaxBarraclough wrote:
             | The hands-off reputation-based approach isn't enough to
             | regulate food and drugs, or aviation. I don't see why for-
             | profit forensics companies should be trusted implicitly.
             | 
             | Also related: we know that funding bias [0] is a real
             | problem in science, despite that scientists' reputations
             | should (ideally) motivate them to resist such biases.
             | 
             | [0] https://en.wikipedia.org/wiki/Funding_bias
        
               | kortilla wrote:
               | No, the question is what is the incentive for lying and
               | claiming guilty? Do prosecutors choose different labs?
        
               | Ma8ee wrote:
               | Of course prosecutors will favour expert witnesses that
               | will help them get convictions. Why isn't that obvious?
        
               | JoeAltmaier wrote:
               | Sometimes the expert witness is in the department's own
               | lab. It seems a tautology that they will favor
               | conviction. Every officer bringing in evidence is begging
               | "Give me something I can use to get this scumbag!" The
               | pressure to fudge is enormous.
               | 
               | A fairly simple step is to certify equipment
               | independently, and to do blind testing (one sample is
               | provided from evidence; another by an independent
               | unrelated source). Of course this costs more, but
               | anything else is effectively an experiment without a
               | control.
        
               | drdrey wrote:
               | There are countries where the job of the prosecutor is to
               | uncover the truth, not to convict someone at all costs:
               | 
               | https://en.wikipedia.org/wiki/Inquisitorial_system
        
               | Ma8ee wrote:
               | I know. I live in such country. But even here it is
               | better for the prosecutor's career with many convictions.
        
               | jerf wrote:
               | I doubt there's any system in the world where it's
               | _officially_ the job of a prosecutor to  "convict someone
               | at all costs". It certainly isn't in the US.
               | Nevertheless....
        
               | 2112 wrote:
               | Most of the very real dynamics that affect all of our
               | lives at a policy-making / systemic level are never
               | official. If you think the official stuff is a reflection
               | of reality ... I don't know how to finish this sentence.
               | Safe from it being "official", it is very much the job of
               | a prosecutor in the US to convict someone at all costs.
               | This is common knowledge.
        
               | Aerroon wrote:
               | The Soviet Union is a perfect example of this. They had
               | set up a proper republic. It had a constitution,
               | elections, there were government posts etc. The problem
               | was that the Party came first. The official that held the
               | government post might've had the legal power, but in
               | reality they were rubber stamps for the Party.
        
               | heavyset_go wrote:
               | Conviction rates are surprisingly high in a lot of the
               | first world.
        
               | Ma8ee wrote:
               | I'm not sure what conclusion we should draw from that
               | isolated fact. It can mean that people are convicted on
               | too weak evidence, and it can mean that people are only
               | put on trial when the evidence already is very strong.
        
               | simple_phrases wrote:
               | I think we can look at the plea bargain rates and assume
               | that most people do not have the resources to stand
               | trial, and thus plea out whether or not the charges
               | against them are valid.
        
               | bardworx wrote:
               | Ok, maybe I'm naive, but why is that obvious?
               | 
               | Not arguing just trying to understand.
               | 
               | My rationale is: prosecutors have to weigh an "easy"
               | conviction vs the possibility that labs that always
               | guarantee results may be biased. In the event that they
               | get caught up with a biased lab, wouldn't it look bad for
               | their reputation? As in, they can't even perform due
               | diligence on their sources, how can you trust them in a
               | promoted role?
               | 
               | Or am I just naive on how the legal system works?
        
               | the_local_host wrote:
               | I think you're underestimating the usefulness of
               | scapegoats. If biased results exist, a lot of people look
               | more effective. If such a bias is discovered, only a
               | subset of those people will be blamed.
        
               | eptcyka wrote:
               | Prosecutors don't seek justice, they seek a conviction.
        
               | benlivengood wrote:
               | > In the event that they get caught up with a biased lab,
               | wouldn't it look bad for their reputation? As in, they
               | can't even perform due diligence on their sources, how
               | can you trust them in a promoted role?
               | 
               | I am not a lawyer but as I understand the U.S. criminal
               | justice system (which is adversarial between defense and
               | prosecution with the judge officiating and the jury
               | picking the winner) prosecutors are not experts in
               | particular technical fields which is why courts allow
               | expert witnesses. The defense is responsible for calling
               | their own experts who can dispute other biased witnesses.
               | If no one successfully disputes an expert witness over
               | time the prosecutor's trust in them is very likely to
               | grow.
               | 
               | A prosecutor will always claim they did due diligence by
               | selecting a reputable expert witness up until it's proven
               | that the witness was not in fact reliable, but claim
               | (likely in good faith) that they had no way of knowing
               | the expert witness was biased.
               | 
               | A better solution might be to mandate that expert
               | witnesses get independently tested but again that's
               | something a defense council could facilitate and bring
               | into evidence. If no defense team finds it valuable to do
               | this kind of work then it's unlikely a prosecutor will
               | see it as useful either. Lack of challenges implies that
               | the evidence is more or less indisputable from a legal
               | perspective.
        
               | nobody9999 wrote:
               | >I am not a lawyer but as I understand the U.S. criminal
               | justice system (which is adversarial between defense and
               | prosecution with the judge officiating and the jury
               | picking the winner)
               | 
               | That process happens very rarely. Federal criminal cases
               | are resolved via plea bargain in ~97% of cases and state
               | criminal cases are resolved via plea bargain in ~94% of
               | cases[0].
               | 
               | This is a travesty of justice, especially since most
               | defendants are severely over-charged and often face long
               | prison sentences if they actually insist on (and can
               | afford) a trial.
               | 
               | Those practices, along with cash bail, force even
               | _innocent_ people to plead guilty to avoid having their
               | lives destroyed by bankruptcy, loss of employment, homes
               | and even custody of their children.
               | 
               | And once they have a criminal conviction, they are
               | stigmatized for life and are shut out of many jobs.
               | 
               | In most of these cases, the forensic evidence (if any) is
               | never presented. For a discussion of this, as well as
               | American forensic practices, see _Blood, Powder and
               | Residue_ [1], by Beth Bechky (Author discussion can be
               | found here[2]).
               | 
               | While there are no _required_ standards for forensics
               | labs in the US (with some exceptions[4]), there are
               | accreditation programs (example[3]), and not all forensic
               | laboratories are for-profit companies.
               | 
               | I'm not defending the quality or independence of any
               | particular forensic lab, but it's definitely more diverse
               | than just a bunch of corrupt, rapacious scum sucking at
               | the teat of prosecutors' budgets.
               | 
               | That said, most criminal defendants are at a significant
               | disadvantage when it comes to performing/challening
               | forensic research, as many state and federal labs provide
               | such services for prosecutors, while defendants need to
               | pay, often through the nose for them.
               | 
               | It's just another way the US "justice" system is stacked
               | against criminal defendants.
               | 
               | [0] https://www.nbcnews.com/think/opinion/prisons-are-
               | packed-bec...
               | 
               | [1] https://press.princeton.edu/books/hardcover/978069118
               | 3589/bl...
               | 
               | [2] https://www.c-span.org/video/?508130-1/blood-powder-
               | residue
               | 
               | [3] https://anab.ansi.org/en/forensic-accreditation
               | 
               | [4] https://www.justice.gov/opa/pr/justice-department-
               | announces-...
               | 
               | Edit: Added notation for reference [1]
        
               | mulmen wrote:
               | I wonder how much of this has to do with funding
               | differences. Public defenders are famously underfunded
               | but prosecutors have essentially unlimited resources. As
               | a result they are on a fast-track to political fortune,
               | especially if they "do their job well" and "win" (get a
               | lot of convictions).
               | 
               | How can the truth-finding benefits of the adversarial
               | system be preserved while leveling the playing field by
               | equalizing resources?
               | 
               | My naive thought is that both parties pay into a common
               | fund that is split equally between the prosecution and
               | defense. But that seems like it has it's own set of
               | pitfalls. Are there other models we can look to for
               | ideas?
        
               | horsawlarway wrote:
               | I'll take a different approach than the other folks
               | responding to you -
               | 
               | There are plenty of profit motives involved that have
               | little to do with securing future contracts with police
               | departments.
               | 
               | At the most basic - Source code reviews are expensive.
               | They can often throw thousands of false flags that
               | developers have to individually track down and verify are
               | not problems.
               | 
               | Then there's the reputation hit of admitting a mistake -
               | If you've had a bug for the last 5 years that makes you
               | less reliable, that alone _is_ likely to impact future
               | contracts. So given the option of revealing this,
               | admitting the mistake, and tackling the cases it
               | impacted... OR... simply sweeping it under the rug and
               | fixing it internally - some companies will take option
               | number 2 (possibly most companies).
        
               | geocar wrote:
               | If you knew someone was guilty, because of a
               | preponderance of other evidence you have the utmost faith
               | in, such as a professional law enforcement officers'
               | eyewitness account, and the DNA testing vendor you were
               | evaluating said "not guilty", what exactly would you
               | expect to happen?
        
               | boomboomsubban wrote:
               | That the eyewitness account would be discarded, they make
               | for terrible evidence anyway.
        
               | tekromancr wrote:
               | I think it is REALLY hard to overstate how dangerously
               | naive a view of the american justice system that is
        
               | boomboomsubban wrote:
               | I don't understand what you mean. I would expect them to
               | make the obviously correct decision, though I'm fully
               | aware that they very often don't.
        
               | tsimionescu wrote:
               | It depends on the definition of 'expect'. You should
               | expect it of them, as in consider it unethical if they
               | don't. You shouldn't expect them to live up to this
               | standard, as in, if you were to bet on it, you'd likely
               | lose.
        
               | pelliphant wrote:
               | That seems plausible.
               | 
               | I would argue that if prosecutors and/or cops get to pick
               | the tool, false positives would result in more sales.
               | 
               | Just as false negatives would result in more sales if the
               | defendant gets to make the pick.
        
               | thgaway17 wrote:
               | _false positives would result in more sales._
               | 
               | That seems highly unlikely. Prosecutors, like all
               | attorneys, talk. It wouldn't take too many getting burned
               | by a false positive before word would get out (regardless
               | of any nda).
               | 
               | For example, once an expert gets Dauberted, you've got to
               | think long and hard about being the next guy to use them.
        
               | pelliphant wrote:
               | But how would one actually know if a result is a false
               | positive or not?
               | 
               | Sure, in extreme cases it might be obvious, but if you
               | just know that one test gives more matches than another,
               | not knowing which one is the one giving false results?
        
               | [deleted]
        
               | 6510 wrote:
               | A product that doesn't work wouldn't be considered.
        
               | merpnderp wrote:
               | But genetic evidence is often enough to convict by
               | itself. A false positive is far more likely to land a
               | conviction than an embarrassment to the prosecutor. I
               | mean we live in a world where DNA evidence will easily
               | override solid alibis.
        
               | ncallaway wrote:
               | You're a prosecutor. Your goal is to get convictions. You
               | are objectively graded largely on your ability to secure
               | convictions.
               | 
               | Every incentive you have leads you to preferring
               | convictions.
               | 
               | You have a choice between two labs to hire for your field
               | test. Lab A and Lab B.
               | 
               | Lab A gives you conclusive evidence leading to a
               | conviction 95% of the time. Lab B gives you conclusive
               | evidence leading to a conviction 65% of the time. Price
               | and speed are roughly comparable between the labs. Which
               | lab do you select?
               | 
               | ---
               | 
               | You are now a lab director. You are under pressure to
               | improve the sales of the lab's forensic services. You
               | have pretty much maxed out making changes to improve
               | price and speed, and have been matched by other labs. You
               | understand very well the decision making process
               | prosecutors will use to hire your lab.
               | 
               | ---
               | 
               | The incentives clearly lead prosecutors to pursuing labs
               | that deliver better results. Labs know this, and so are
               | under market pressure to delivery convictions for
               | prosecutors.
        
               | buttercraft wrote:
               | Paying investigators _per conviction_ is a sure way to
               | create incentive.
        
               | Eric_WVGG wrote:
               | Exactly. "Product X caught 25% more bad guys than Product
               | Y" this stuff just writes itself.
               | 
               | Policing is driven by numbers. There was a whole season
               | of The Wire about this.
        
               | ashtonkem wrote:
               | Yes, yes they do. Prosecutors often _campaign_ on being
               | "tough on crime", and even judges (where elected) are
               | known to sentence more harshly during election season.
               | 
               | The ability for an expert witness to deliver more
               | convictions, even if by lying, is a feature for
               | prosecutors, not a bug.
        
             | AntiImperialist wrote:
             | Two reasons:
             | 
             | * they come across as effective if they "solve" the case
             | i.e. they find someone guilty
             | 
             | * it's practically impossible to challenge their findings
             | because they hide their bs behind "experts" and "science"
             | and other terms used by bs vendors
        
             | irjustin wrote:
             | A lot of DA and other prosecutors are measured by the
             | number of convictions they get vs the number of cases they
             | take to court.
             | 
             | Their goals are always to get plea bargain because that is
             | automatic guilt or if they take it to court, they'd better
             | win. That's a lot of state resources just to lose.
             | 
             | Overtime, you'll get people willing to bend the rules, turn
             | a blind eye to 'weak evidence' or whatever.
             | 
             | You're only as good as your measurement/incentivisation.
        
               | treeman79 wrote:
               | Deal: Parole for a year. If not, full resources of the
               | government to convict you, jail time in the decades. Evan
               | a failure to convict can ruin you for life.
               | 
               | Even innocent people with a good alibi are going to take
               | the deal.
        
             | dimitrios1 wrote:
             | This is a long tail regulatory force, but unfortunately,
             | does nothing to stop bad actors from jumping in and making
             | a quick profit for as long as they can until it goes
             | noticed.
             | 
             | Society also no longer has tolerance for processes that are
             | not fully auditable and transparent, especially when it
             | comes to our already marred justice system.
        
             | avs733 wrote:
             | The risk to their business of negatives whether or not they
             | are false negatives, is likely higher. The resource
             | asymmetry between a tax payer funded prosecution and a
             | defendant funded defense is enormous.
        
             | JoeAltmaier wrote:
             | While there have been cases of technicians guilty of
             | systemic fudging of data, that is a tiny exception to the
             | vast majority of honest technicians with self-respect.
        
               | kingkawn wrote:
               | Your sentimentality is not enough for a good justice
               | system.
        
               | JoeAltmaier wrote:
               | On the contrary, that's what the American justice system
               | is entirely based upon. Fair judges, juries of peers and
               | so on. Its the bedrock of justice.
               | 
               | Engineers have some notion that it can all be replaced
               | with science. In so far as science can certify the
               | reliability of tests, that is good. But in the end one
               | has to trust the humans between those tests and the
               | courtroom.
        
               | tsimionescu wrote:
               | The whole point of this discussion is that this trust is
               | being largely misplaced.
               | 
               | A lot of forensic science in itself is essentially
               | phrenology (tooth prints, hair analysis - the non DNA
               | kind, even fingerprinting is of exaggerated value). A lot
               | of labs systematically turn out biased results with
               | generally no expectation of risk, either personally to
               | researchers and definitely not to higher ups.
               | 
               | Ultimately, forensic evidence should be seen as a signal,
               | but not nearly as trustworthy as witness testimony (which
               | in itself is not very trustworthy), despite what many
               | believe.
               | 
               | And this is important for the general public to
               | understand, the people who will participate in juries.
               | The mystique that forensic experts have can make juries
               | give extremely wrong decisions (even bad aquitalls on
               | lack of forensic evidence).
        
               | JoeAltmaier wrote:
               | Yes there is a need for controls and independent
               | certification.
        
               | tsimionescu wrote:
               | There is also a need to recognize that a lot of this
               | science just doesn't work (to the extent that it is often
               | presented). The right way to phrase a lot of the
               | conclusions of these experts, at the state of the art,
               | would be 'in my expert opinion, it _looks like it might
               | be_ their DNA /fingerprint/hair/teeth', not 'in my expert
               | opinion it is [...]'. Because even the state of the art
               | is often about at that level - probably closer to 75%
               | accuracy than 99.99% like it's often treated. Especially
               | on real world, partial, corrupted samples.
               | 
               | And to emphasize again, I'm talking about the state of
               | the art without the biases being discussed. The biases
               | only compound this problem significantly.
        
             | macinjosh wrote:
             | Prosecutors want a 100% conviction rate. They are the ones
             | who hire these companies. Generally speaking companies give
             | customers what they are looking for.
        
             | chopin wrote:
             | Why should that come to light if the process is opaque?
             | Most defendants don't have the resources to challenge that.
             | 
             | And if it comes to light, acknowledge a one-time error and
             | carry on.
        
             | wtetzner wrote:
             | I seems like there are no repercussions for sending an
             | innocent person to prison. I don't know if that's _true_ ,
             | but it definitely _seems_ like it.
        
               | jimz wrote:
               | Depends on what you mean by repercussions. Since there is
               | at least informal and sometimes fairly open scorekeeping
               | happening at prosecutor's offices there's some hurt pride
               | if your conviction is overturned later. Everything else
               | either gets taken care of by the taxpayer or prosecutors'
               | immunity for their official acts so on a personal level,
               | no, there won't be any actual repercussions.
        
             | linuxftw wrote:
             | Perhaps in a just society. Most places, the state and it's
             | agents can do no wrong, there's almost no incentive to do
             | the right thing.
        
             | andi999 wrote:
             | The prosecution might call in a different expert in the
             | next trial if the current one is not 'good'.
        
               | refurb wrote:
               | Then they get hired by the defense.
        
               | MaxBarraclough wrote:
               | The defence can rarely afford their services.
        
               | jimz wrote:
               | Prosecutors aren't necessarily blessed with bigger
               | budgets in a lot of places, they simply have a
               | separately-funded (and very well funded at that)
               | investigative body that is the police or sheriff's office
               | doing the really expensive part that the defense,
               | especially a public defender's office, will only have a
               | skeleton crew to do. The problem is that defense may not
               | have the resources or knowledge to use inadequacies of
               | something like this as a defense in the first place, and
               | may not be able to effectively cross or direct an expert
               | because of the lack of specific expertise and the
               | reactive nature of the job.
               | 
               | It's not that the venn diagram of tech-literate and
               | criminal-defense lawyers are entirely separate circles,
               | but having been "that guy" in a public defender's office
               | for even basic stuff like cell tower triangulation
               | accuracy to finding proprietary surveillance video codecs
               | to decode exculpatory evidence, you really need to start
               | at square one while the prosecution have the whole police
               | department's resources, expertise, and initiative at
               | their disposal. You can afford the expert, it just won't
               | do any good when you don't know what questions to ask
               | that will actually be effective. And unsurprisingly those
               | who do have experience in technical, specialized fields
               | tend to get poached into the private sector or out of
               | trial (really plea) practice all together, so the
               | knowledge/bullshit gap will still exist and there's no
               | real consistent way to bridge it.
        
               | andi999 wrote:
               | Also the defense is many customers while the prosecution
               | is bulk.
        
           | heavyset_go wrote:
           | They fill a similar role to prosecutors that field drug tests
           | serve to cops[1]: they aren't meant to be accurate, they
           | exist to give the cops legitimacy as they proceed to do
           | whatever it is they wanted to do to you. In the cops' case,
           | they need legitimacy to search and arrest you, and in the
           | prosecutors' case, they need legitimacy to charge and convict
           | you.
           | 
           | If field drug tests were actually accurate, they wouldn't be
           | bought and used. Similarly, if an expert witness fails to
           | give prosecutors the results and testimony that they want,
           | they wouldn't be hired again.
           | 
           | [1] " _How a $2 Roadside Drug Test Sends Innocent People to
           | Jail_ ": https://www.nytimes.com/2016/07/10/magazine/how-a-2-
           | roadside...
        
             | jdsalaro wrote:
             | > They fill a similar role to prosecutors that field drug
             | tests serve to cops[1]: they aren't meant to be accurate,
             | they exist to give the the cops legitimacy as they proceed
             | to do whatever it is they wanted to do to you. In the cops'
             | case, they need legitimacy to search and arrest you, and in
             | the prosecutors' case, they need legitimacy to charge and
             | convict you.
             | 
             | In case any of you are interested, or completely
             | flabbergasted as I was, by the idea that law enforcement's
             | purpose and raison d'etre could ever become as distorted
             | and contorted as this comment mentions, you should
             | definitely read more on Walter "Johnny D." Macmillan [1] or
             | watch the movie based on his story: Just Mercy[2].
             | 
             | Absolutely mind-blowing stuff.
             | 
             | [1] https://en.wikipedia.org/wiki/Just_Mercy
             | 
             | [2] https://en.wikipedia.org/wiki/Walter_McMillian
        
               | bluntfang wrote:
               | Wow, think about what it takes to be an elected official
               | (Sheriff) and not only perjure, lie, and coerce
               | witnesses, but be outed for all of those crimes, and then
               | continue to run for election and continue your tenure for
               | decades. How does someone live with themselves knowing
               | they purposely put an innocent man on death row, and then
               | CONTINUE YOUR CAREER, probably thinking yourself as
               | successful?
               | 
               | The guilt I feel when I introduce a software bug that
               | effects my corporate customers can sometimes burn my
               | motivation for WEEKS. Who are these people?!
        
           | neodymiumphish wrote:
           | This absolutely depends on the agency/situation.
           | 
           | My agency used to rate our agents based on the amount of
           | cases that led to convictions. Years back, we recognized that
           | disproving an allegation was equally worthwhile, and settings
           | promotions/evaluations based on "proving or disproving" the
           | allegation was much more objectively reasonable than focusing
           | strictly on convictions. There is still a reference to case
           | completion speed, value of recovered money/property, and
           | conviction results (providing a thorough enough investigation
           | that the suspect is convicted for X years, for example), but
           | disproving an allegation or proving that a different person
           | committed the crime is far more appreciable to the agency.
           | 
           | We're fortunate in that we are a federal agency, instead of
           | local/state level, where they can be significantly more busy
           | with countless lesser offenses, while still running some
           | extremely high-profile stuff, but I think it would be a huge
           | boon to law enforcement if states mandated an approach
           | focused on this objective metric that isn't strictly on
           | "getting him".
        
       | ChrisRR wrote:
       | This is similar to a case a few years back where someone asked to
       | see the source code of a breathalyser that had found them guilty.
       | 
       | AFAIR, the breathalyser was incorrectly averaging the readings,
       | giving disproportional weight to the first reading.
       | 
       | I don't know if it was enough to rule in their favour, but I'm
       | sure it called the data into question
       | 
       | Edit: Looks like it was a Draeger breathalyser
       | https://www.schneier.com/blog/archives/2009/05/software_prob...
        
         | text70 wrote:
         | A tool designed to find people guilty is biased to find people
         | guilty.
         | 
         | As far as I know it is fairly easy to take a generic dna
         | sequencer meant for healtcare diagnostics, and repurpose it for
         | STR analysis. The only major difference between the healthcare
         | versions and the forensic versions is the software i/o.
        
           | sdflhasjd wrote:
           | > A tool designed to find people guilty is biased to find
           | people guilty.
           | 
           | I don't see those particular issues make it biased, just
           | inaccurate - it could go either way.
        
             | radu_floricica wrote:
             | And yet somehow whenever you take a closer look at
             | mislabeled product prices, the average is always in favor
             | of the store. And that's far from the only industry.
             | 
             | Complex tools are the product of many thousands of
             | individual decisions taken by humans, humans aware of who's
             | the paying client.
        
               | jstanley wrote:
               | > And yet somehow whenever you take a closer look at
               | mislabeled product prices, the average is always in favor
               | of the store.
               | 
               | This could just as easily be selection bias: the errors
               | in favour of the customer are less likely to get reported
               | by customers.
        
               | sdflhasjd wrote:
               | I still believe Hanlons razor applies. I've seen products
               | that have serious performance affecting bugs caused by
               | similar mistakes.
        
               | ncallaway wrote:
               | I still think--even when applying Hanlon's razor--there's
               | an imbalance in incentives that leads to a weight in
               | favor of the interests of the party paying for the test.
               | 
               | Take the store pricing example. Suppose the store's
               | pricing & labeling process produce an equal number of
               | bugs at checkout in favor of the store and in opposition
               | to the store.
               | 
               | The store is heavily incentivized to _detect_ the errors
               | that are opposed to them. They are much less likely to
               | detect the errors in their favor. Consider the manager
               | that looks at the cash at the end of the day and notices
               | they are $500 short. They likely dig hard to find the
               | root cause of the issue, detect the pricing disparity and
               | correct it. Now consider the manager that is $500 over at
               | the end of the day. They are much more likely to say:
               | "that's weird", shrug their shoulders and move on.
               | 
               | The same applies to forensic tools. Even if they
               | originally produced bugs in both directions, their own
               | internal QA and the market of police officers are likely
               | to work hard to detect bugs that make them less likely to
               | allow them to make an arrest.
               | 
               | The net result is that the tools end up with a bias in
               | one direction, even if the original developers made an
               | equal number of mistakes in both directions.
        
               | boyesm wrote:
               | > And yet somehow whenever you take a closer look at
               | mislabeled product prices, the average is always in favor
               | of the store.
               | 
               | What is this based on?
        
               | sdenton4 wrote:
               | I had a 'fun' experience along these lines with health
               | insurance and medical bills a couple years ago. I can
               | confirm that in our case at least, /every/ error we found
               | was not in our favor, and took usually about an hour on
               | the phone to get fixed.
               | 
               | The somewhat-less-malicious interpretation is that the
               | companies have a strong incentive to detect + fix errors
               | that cost them money. Meanwhile, consumers are a) non-
               | centralized, uncoordinated, and often unaware of errors,
               | and b) have no way to fix systemic issues that impact
               | them. And the companies therefore have no /real/
               | incentive to fix systemic problems. It is literally more
               | profitable to fix the bills of the few people who
               | complain, as they still make money on the remainder who
               | don't notice the errors in the first place.
               | 
               | (on edit; exactly what the other comment one subthread
               | over said. :P )
        
             | bgirard wrote:
             | When running an experiment and following poor practices
             | (i.e. p-hacking), results that fit the hypothesis will be
             | accepted more readily and negative results will be debugged
             | or re-ran more often.
             | 
             | i.e. The initial error may be randomly distributed. But the
             | follow-up on the error will have a lot of bias.
        
         | throw2838 wrote:
         | Draeger requires calibration prior each use for temperature and
         | humidity. It is easy to get it thrown out as evidence.
        
           | lwigo wrote:
           | When the officer shows up and swears under oath that he
           | "calibrated it that morning" it's not so easy. :shrug:
        
             | jdironman wrote:
             | Temps vary throughout the day.
        
               | lwigo wrote:
               | A rural small town judge probably doesn't have the best
               | insight into that, just that Corporal Bubba said he
               | calibrated it so it must've been right.
               | 
               | I know, this is exceedingly cynical.
        
               | klyrs wrote:
               | Your "Corporal Bubba" isn't just cynical, it leans
               | heavily upon a harmful stereotype that folks in small
               | towns are uneducated simpletons. Stop the polarization,
               | please
        
               | zymhan wrote:
               | I'd love it if more cops had college degrees in the US,
               | but they don't. Ignoring the problem doesn't make it go
               | away.
        
               | owl57 wrote:
               | Why wouldn't they be? I went to university with people
               | from all over Russia. They don't tend to return to their
               | home towns after getting educated. Does this work
               | differently in America?
        
               | zymhan wrote:
               | > Does this work differently in America?
               | 
               | No, not really.
        
               | [deleted]
        
               | hluska wrote:
               | Sadly, when you consider the available evidence, Corporal
               | Bubba isn't too far from the truth. I say that as someone
               | whose Dad is a retired police officer and who spent most
               | of his youth in a very small town with sub-1200 people.
        
             | OnACoffeeBreak wrote:
             | Logs of calibration procedures along with calibration
             | results should be stored on the device and auditable along
             | with test results.
        
         | dathinab wrote:
         | I wouldn't be surprised if "incorrectly averaging" and similar
         | are very common software errors.
         | 
         | The reasons are manifold, including:
         | 
         | - Normalized values need to be averaged differently the
         | absolute values.
         | 
         | - Floating point has limited precision, even just correctly
         | summing/multiplying numbers need special care if you care about
         | correctness. Results can, in the worst case, be of by a massive
         | amount.
         | 
         | Often you don't need to care about it so it's not uncommon for
         | especially junior programmers to be not so aware about it.
         | 
         | I mean in the last 3 years of working as a professional
         | software engineer/developer I didn't need any of this at all,
         | but once I do I know what to look out for.
        
       | qwertox wrote:
       | Here in Germany we have somewhat similar cases, but where the
       | accusation is way less damaging than the case of this article, in
       | which a false positive would have the drastic result of being
       | labeled a murderer.
       | 
       | The cases are related to new speeding cameras which work with
       | laser, where the defendants are complaining that these new
       | devices are black boxes, and that they demand access to the raw
       | data which these devices process. The problem is that these
       | devices discard the raw data after having processed it and come
       | to a conclusion that the driver was or was not speeding.
       | 
       | The devices in question are Traffistar S350 from Jenoptik and
       | PoliScan SM1 from Vitronic.
       | 
       | There were discussions about a required software update which
       | retains all this data, but apparently the devices lack the
       | storage capability to do so. The National Metrology Institute of
       | Germany (Physikalisch-Technische Bundesanstalt (PTB)) responded
       | to this, that they would not re-certify these devices with
       | updated software because from their point of view they work "as
       | specified".
        
         | nolok wrote:
         | Now all you need is the proper amount of collusion/corruption
         | between the certifying agency and the manufacturer to have a
         | magic box that does whatever the one paying the bills want.
         | Might seem far fetched in a developped country, until you read
         | about the Boeing/FAA thing happened.
        
         | Kinrany wrote:
         | Surely there aren't so many speeders that storing a few seconds
         | per violation would add up to a significant amount.
        
       | fxleach wrote:
       | > it would take eight and a half years to review at a rate of ten
       | lines an hour
       | 
       | Wow, the co-founder's argument to not disclose the source code to
       | the defendant was that it's too many lines of code. Also... ten
       | lines reviewed in an hour!?
        
         | meowster wrote:
         | In the TV shows and books, opposing counsel always want to
         | inundate the protagonist with truckloads of boxes full of
         | printed papers when they could just handover a flashdrive
         | instead. Are there any lawyers here who can speak to the
         | accuracy of such portrayal?
         | 
         | It would seem the next logical step would be for every other
         | lawyer to say they shouldn't hand over discovery because it
         | would take to long for the otherside when they bury them in
         | paperwork.
        
           | _Wintermute wrote:
           | Not sure if it's the best source, but according to a "Youtube
           | laywer reacts" video [0], it's a common tactic but you can
           | complain about it to the judge and request documents in a
           | more appropriate form.
           | 
           | [0] https://youtu.be/spr5smxuO5E?t=1284
        
       | marcodiego wrote:
       | Wouldn't this set a precedent to eventually force any forensic
       | software to become open source?
        
         | jMyles wrote:
         | It's unfathomable that the state can introduce evidence of any
         | variety that _isn 't_ open source.
         | 
         | Secret policing and secrecy in prosecution have no place in
         | decent society.
        
         | gsich wrote:
         | Hopefully.
        
         | vincnetas wrote:
         | Code inspections is not same as open source.
        
         | jimnotgym wrote:
         | I guess open-source implementations of various algorithms that
         | had been demonstrated effective, if produced by a not-for-
         | profit maybe, could be very disruptive to this 'industry'.
        
         | Zenst wrote:
         | Not per-say, though it certainly affords it the same level of
         | scrutiny.
         | 
         | Which may well be a win as open source already has that.
         | 
         | However, even open source has bugs that pass scrutiny as many
         | CVE's can attest, so whilst a code review may find nothing
         | wrong, that in itself could be used by a lawyer to create
         | reasonable doubt, if the lawyer is good.
        
           | [deleted]
        
           | jlgaddis wrote:
           | > _per-say_
           | 
           | https://en.wiktionary.org/wiki/per_se
        
         | schmorptron wrote:
         | That'd be ideal
        
       | chadlavi wrote:
       | While this may lead to more transparent technology use in the
       | justice system, a more realistic outcome is that everyone accused
       | of any crime where a technology was used in the process of
       | determining guilt (which could get quite picayune; did the
       | prosecutor's office use Excel? Is that something the defendant
       | could demand to check the source code on?) will use this as a way
       | to slow-roll the process indefinitely.
        
         | bagacrap wrote:
         | Definitely if an excel macro determined my guilt based on a
         | dataset, I would like to be able to read that macro.
        
           | abfan1127 wrote:
           | or at least double check the math.
        
         | Spivak wrote:
         | Yes? I mean the intimate details of how cell networks work have
         | been the difference between guilty and not before when the only
         | evidence is some black-box report generated by AT&T that seems
         | more accurate than is actually guaranteed.
         | 
         | This wouldn't be necessary if the expert on the stand was a
         | geneticist who ran the test. But when the expert literally is
         | the software you can't really cross-examine the company's sales
         | rep.
        
         | tehwebguy wrote:
         | Well sure, if they rely entirely on Excel to generate and spit
         | out an expert witness testimony. If that ever happens it will
         | be extremely important to understand what's happening under the
         | hood in Excel.
        
         | Jolter wrote:
         | Since when do defendants have an interest in prolonged
         | sentencing processes? For major crimes like this, they are in
         | jail with restrictions. They would get better treatment once
         | sentenced, in the prison system, wouldn't they?
        
       | [deleted]
        
       | spaetzleesser wrote:
       | There is so much junk science going on in forensics that it would
       | be great to require everything to be open sourced. Same for
       | voting machines and anything police in general is using
       | (predictive policing is pretty scary). There is way too much
       | stuff hidden and can be challenged only if you have very deep
       | pockets.
        
       | ineedasername wrote:
       | If ever there was something that should be fully transparent it
       | is the mechanisms by which a person might be found guilty of a
       | crime. The defendant shouldn't even have had to fight for this.
       | It should be a fundamental cornerstone of criminal prosecutions.
        
         | meowface wrote:
         | These cases also often come up with drug and alcohol detection
         | tests, and as John Oliver points out in
         | https://www.youtube.com/watch?v=1f2iawp0y5Y, software used to
         | select jurors.
         | 
         | All of these companies claim that their source code is valuable
         | intellectual property and that disclosing it can hurt their
         | business. Even if this were true, when you're providing
         | something that can be a significant factor in someone being
         | imprisoned or executed, when creating the business you should
         | accept that you're providing a public service that needs to be
         | publicly accountable.
         | 
         | If it's not open source, at the very least there should be a
         | requirement that software code and hardware designs must be
         | provided on-demand to experts in court cases (with a non-
         | disclosure clause to mitigate leaks and corporate espionage
         | etc.).
        
           | bargl wrote:
           | Without jumping on the conspiracy bandwagon, I'd also like to
           | see this applied to voting software. I know it's a hot topic,
           | and I'm honestly not trying to get political.
           | 
           | Software that is critical to our fundamental human rights,
           | and is being used by our government should be open source, or
           | at least audited by a group of people who sign Non-
           | competes/NDA and can't go work for competitors, or with some
           | other mechanism to protect IP that I can't think of.
        
             | jedberg wrote:
             | The beauty of voting software is that you don't have to
             | verify the code if you hold the vote correctly. If the
             | software provides a voter verifiable paper trail, the voter
             | can verify their vote before turning it in.
             | 
             | The county can then verify the software by manually
             | counting a random selection of paper votes to see if they
             | match the software. If they do, then the software is
             | correct, otherwise it is not. You then have a full by-hand
             | recount and tell the vendor to fix their software.
        
             | jjeaff wrote:
             | I agree, for my own piece of mind. But I am also certain
             | that it would have made no difference in our current
             | predicament with a third of the country thinking the
             | election was stolen.
             | 
             | It has been shown to us time and time again that no actual
             | evidence is required to get people to believe what they
             | want to believe.
             | 
             | And the more technical the evidence (i.e. source code), the
             | less helpful.
        
               | bargl wrote:
               | >But I am also certain that it would have made no
               | difference in our current predicament with a third of the
               | country thinking the election was stolen.
               | 
               | It would have changed some peoples minds I don't know if
               | the change would have been a few thousand or 10s of
               | millions. I can't say if it would have a dent in the 1/3
               | of people or not. I can't predict that. It would have
               | helped me with my own peace of mind. And frank I think
               | it's overall the right thing for us to do.
               | 
               | >And the more technical the evidence (i.e. source code),
               | the less helpful.
               | 
               | Disinformation is powerful, I'm not suggesting this alone
               | would fix that. I disagree that more technical evidence
               | is harmful. Global warming is benefiting from
               | transparency and evidence. It takes generations to change
               | political will not years. The evidence there has shifted
               | our whole economy, just maybe not fast enough.
               | 
               | There will always, always be deniers. Global warming,
               | flat earth, vaccinations, etc. Evidence _helps_ battle
               | deniers in these areas, but it takes generations for
               | these ideas to become mainstream and the deniers to go
               | from 99% of people to 2% of people.
               | 
               | Also, 2% of people think the earth is flat? Holy crap.
               | https://www.sciencealert.com/one-third-millennials-
               | believe-f...
        
             | acct776 wrote:
             | It shouldn't be considered conspiracy theory that,
             | technically speaking, many things in our nation are an
             | insecure joke, including our system of voting.
        
           | alistairSH wrote:
           | _...disclosing it can hurt their business..._
           | 
           | And there's an entire body of law based around IP which they
           | can use to protect their business, just like everybody else.
        
             | zymhan wrote:
             | Their business interests are also of minuscule importance
             | compared to the impact to society these tools have.
        
         | frongpik wrote:
         | Nothing is going to change until this software convicts a 10M
         | net worth dude for something he didn't do.
        
       | rland wrote:
       | These companies are disgusting. They peddle black box "models,"
       | that essentially ride the good reputation of DNA as infallible
       | (which it is most certainly not) to get convictions on dubious or
       | no evidence.
       | 
       | The way it works is that if there is a sample from a crime scene,
       | they send it to these guys and they analyze it with their
       | software to detect "statistical" DNA from the sample. These
       | samples are the ones that are too crappy to actually make a
       | definitive match -- they are a statistical match. So you say "I
       | think Jim, Bob, and Alice were on scene," and it says "10%
       | likelihood Jim DNA, 5% likelihood Bob DNA, 45% Alice DNA." Do you
       | think it ever says "99% no DNA" in the sample?
       | 
       | It's basically Theranos, except instead of wasting $50 on a
       | shitty blood test you get life in prison.
       | 
       | Ostensibly, it searches the entire DNA database for matches, and
       | only returns a positive result if there's a positive match.
       | 
       | But it's a statistical model, using inputs that are crappy at
       | best (because if it was an actual DNA match, they would send it
       | off to in house forensics who would be able to do PCR...) and
       | which includes inputs from circumstantial evidence as priors.
       | Like we believe Alice was at the scene therefore if you find any
       | statistical likelihood that this is Alice's DNA boost that.
       | 
       | They often run the model multiple times in a row, and use the
       | result that the DA likes the most to enter into evidence. This is
       | because the models return different results each time -- of
       | course they'd say, iTs StAtiStIcaL, so they can do that...
       | 
       | And the source code is completely impenetrable. They argue that
       | it's a "trade secret" that jeopardizes their ability to make
       | future profits, so it cannot be open-sourced. These guys could
       | have a model that just says "what percentage should the thing
       | read, Senor D.A.?" The entire product is a sham. And because it's
       | 170k LOC, no one has the time or the qualifications
       | (Judges/Attorneys reading source code? Yeah right!) to review it,
       | even if it were open source.
       | 
       | Pure quackery, and often times, decades-long sentences or life in
       | prison for the defendant. These companies are pure filth worthy
       | of the lowest revulsion. It's a wonder any convictions happen at
       | all because of this stuff, but jurors have very inaccurate
       | conceptions of forensic science, thanks to shit like CSI, Law and
       | Order, etc. These companies happily play into that image and
       | people really believe this stuff works.
        
       | ABeeSea wrote:
       | > Mark Perlin, is said to have argued against source code
       | analysis by claiming that the program, consisting of 170,000
       | lines of MATLAB code, is so dense it would take eight and a half
       | years to review at a rate of ten lines an hour.
       | 
       | So it's definitely riddled with bugs. And I can't imagine that
       | much matlab code following rigorous software engineering
       | practices.
        
         | bryanrasmussen wrote:
         | and surprisingly all of the code is of equal importance so you
         | really need to review each line sequentially! Instead of
         | finding stuff that you think is most likely to relate to what
         | you're trying to figure out and debug from there. Wow I would
         | like to see this marvel of engineering myself!
        
           | Scandiravian wrote:
           | Kind of makes me wonder: if the argument is that the code is
           | too complex to review and understand, does that mean the
           | company is not doing code reviews themselves?
        
             | watwut wrote:
             | You can do code review on every single commit while not
             | being able to make overall analysis of the massive
             | codebase.
        
               | Scandiravian wrote:
               | I completely agree, but if the reviewer isn't able to
               | (with some amount of accuracy) predict the impact the
               | committed code will have on overall behaviour, then
               | there's very limited value on doing the review in the
               | first place
        
               | watwut wrote:
               | In any larger project, the reviewer are not able to
               | predict impact from reading commit.
               | 
               | More importantly, typical reviewer have only small partia
               | area where he has good idea about which commit is bad
               | idea. He however does not understand whole codebase.
               | 
               | Knowing what the whole does and knowing what my module
               | does are two different things.
        
               | Scandiravian wrote:
               | I again completely agree with you
               | 
               | Looking back at my reply, I think I should have added a
               | bit of background to clarify my comment
               | 
               | My master's degree is in bioinformatics and I worked in
               | the biotech industry until about a year ago. I mainly
               | worked as a consultant for top 20 pharma companies, but
               | also did work on different in-house projects and in
               | academia
               | 
               | From my experience in the industry, I find it very
               | unlikely that the software mentioned in the article is
               | structured in a modular way. I've yet to see good
               | software practices outside one or two academic projects.
               | Most pharma companies still use copying and renaming
               | folders as version control. Naturally I'm sceptical of
               | any code coming from the biotech industry
               | 
               | On top of that, it's written in MATLAB. I have only ever
               | seen this used by statisticians and university
               | researchers, never by software engineers
               | 
               | I'm therefore willing to bet, that when the reviewers
               | open the source code, they'll find unstructured mess of
               | spaghetti code, that has never been refactored, reviewed
               | or tested
               | 
               | So yes - I agree in all your points, but I find it
               | unlikely that they're being applied to this particular
               | project
        
             | bryanrasmussen wrote:
             | this has actually only happened to me a couple times but it
             | has happened - someone tells me Bryan, go look at the code
             | X did in Y, figure out if we refactor. X would then tell me
             | - that code is really complicated is full of algorithms! I
             | go and look at the code realize that for what it is trying
             | to do can be cut down from 10 pages of printed code to less
             | than 1 and it was incredibly simple what actually needed to
             | be done.
             | 
             | In short when someone tells me the stuff is too complicated
             | because too clever and advanced I tend to disbelieve them.
             | 
             | that said I have of course written my too complicated stuff
             | lots of times, but if asked I don't say it was because I'm
             | clever.
             | 
             | names anonymized so as to not accidentally hurt anyone's
             | feelings.
             | 
             | on edit: actually one time the code was clever but not
             | especially difficult, they just used the algorithms line
             | because they didn't want anyone messing with their stuff.
        
               | Scandiravian wrote:
               | I think there's a bias towards judging things to be
               | "clever" if they're hard to understand
               | 
               | It's a cliche to have a "what idiot wrote this" outburst,
               | then realise it's your own code, because most of us have
               | written our fair share of "clever" code
               | 
               | My boss explicitly stated that he doesn't want to see any
               | "clever" or "smart" code in our product - write code
               | based on simple fundamentals, benchmark before deciding
               | to optimise, and be respectful in your reviews
               | 
               | I like my boss a lot
        
             | michaelmior wrote:
             | If the code was developed in less than 8.5 years, it seems
             | like the answer must be yes based on their previous claims.
        
               | gambiting wrote:
               | Well I mean if something requires 8 man years of work you
               | can do it in a year with 8 people. Not always, but
               | usually.
        
               | markwkw wrote:
               | I would claim that if something requires 8 man years,
               | that it will _most definitely_ take more than a year to
               | develop with 8 people.
               | 
               | Communication takes time, coordination takes time, there
               | is an incremental cost to each news person added to a
               | team. From experience, perhaps with 2-3 people who happen
               | to gel well together you may get close to proportional
               | scaling of output, but with 8 it's really unlikely in the
               | real world.
        
               | watwut wrote:
               | I would find it extremely unlikely to work that way.
        
               | agravier wrote:
               | On the contrary, such linear scaling would be quite
               | exceptional. I'm speaking from experience but you don't
               | need to trust me; I invite you read any book on software
               | engineering management, starting from The Mythical Man-
               | Month by Brooks.
        
               | bryanrasmussen wrote:
               | the mythical man month was first published in 1975, I
               | think the typical applications programmers work on today
               | have changed significantly since then and encompass many
               | different disciplines (to be thought professional) - so
               | many disciplines that one developer is likely to be the
               | master of all. It is true that there is a communication
               | overhead to adding more people so it will not scale
               | linearly, but if a single developer has taken 8 years to
               | build something in our era it seems likely that having 8
               | people might get it done say 1 and a half to two years.
        
         | syshum wrote:
         | I also cant image anyone thinking that would be a winning legal
         | argument... "This software is too complex to look at so just
         | trust us" Really... that is what they went with...
        
           | avs733 wrote:
           | unfortunately, the technical illiteracy of much of the US
           | judiciary has made this effective.
        
           | delecti wrote:
           | Yeah, that's one of those "defenses" that feels like a
           | confession.
        
         | Scandiravian wrote:
         | My exact thoughts. This sounds like a classic example of
         | launching a prototype created by domain specialists
         | (biostatisticians and bioinformaticians) as production software
         | and skipping on the expensive stuff, like sound development
         | practices
        
           | antattack wrote:
           | For reference, whole Tesla Autopilot is 'few hundred
           | thousand' loc.
           | 
           | https://youtu.be/YAtLTLiqNwg?t=947
        
           | isolli wrote:
           | It also sounds exactly like Ferguson's Imperial College
           | epidemiology model that apparently compelled politicians into
           | imposing hard lockdowns (and was likely wrong by at least an
           | order of magnitude):
           | 
           | - "a single 15k line C file that had been worked on for a
           | decade" [0]
           | 
           | - code review of the model: [1]
           | 
           | - corresponding HN discussion: [2] (including sad appeals to
           | authority: you're not an epidemiologist)
           | 
           | - other HN discussion [3] (including ridiculously blaming
           | programmers for making C++ available to non-programmers)
           | 
           | [0]
           | https://twitter.com/ID_AA_Carmack/status/1254872369556074496
           | 
           | [1] https://lockdownsceptics.org/code-review-of-fergusons-
           | model/
           | 
           | [2] https://news.ycombinator.com/item?id=23093944
           | 
           | [3] https://news.ycombinator.com/item?id=23222338
        
           | gww wrote:
           | There is so little emphasis in production software
           | development in bioinformatics and biostatistics. Despite a
           | lot of groups open sourcing their code it's is nearly
           | unusable and not reproducible due to hard coding, ignoring
           | edge cases, and dumping the majority of the code on a single
           | giant R or python function.
        
             | Scandiravian wrote:
             | That's my experience as well. My master's is in
             | bioinformatics and I worked for several years in biotech.
             | 
             | I got frustrated because my concerns that my team's
             | development practices were causing issues on a regular
             | basis, were ignored. I was continuously able to predict
             | what issues we would run into, but no-one seemed to care -
             | I even had a manager tell me, that it was good that our
             | software was buggy, since the client would continue paying
             | us to fix it
             | 
             | I've since left the biotech industry. There's a limit to
             | how many times I want to run my head against that
             | particular wall
        
             | natechols wrote:
             | It's a real problem, and I've been struggling with it for
             | two decades, but even so I am legitimately impressed (and
             | not in a good way) if they have 170,000 lines of Matlab
             | code in their production software. That takes a really
             | special combination of productivity and cluelessness, even
             | for academic specialists. Regardless of the facts of this
             | particular case, it should be absolutely horrifying that
             | anyone's freedom is left up to a gigantic pile of unaudited
             | Matlab code. (That said I am almost certain he added some
             | zeros to the number, I have a hard time imagining what
             | they're doing that could be that complex.)
        
               | Scandiravian wrote:
               | Choosing MATLAB as a language for software that could
               | potentially lead to people dying (in areas where they
               | still have the death penalty) is a gigantic red-flag
               | 
               | I don't know how many job postings ask for a software
               | engineer who knows MATLAB, but I can't recall any
        
         | bitexploder wrote:
         | I have done a lot of source code review in my time. For
         | security assessments. Our general rule of thumb was about 10k
         | lines per week that we can really get deep on. 10 lines an hour
         | would only be for the most dense code and critical path stuff.
         | They will need a reviewer that knows the domain (DNA), but it's
         | perfectly reasonable to review that code on a weeks/months time
         | scale, definitely not years.
        
         | partyboat1586 wrote:
         | >170,000 lines of MATLAB code
         | 
         | This is a deep problem. Many scientists don't understand
         | software engineering and more and more need to write bigger and
         | bigger programs. And most of the time they don't open source
         | their code.
         | 
         | Open source science.
        
         | moron4hire wrote:
         | That's like an accountant, accused of embezalling, refusing to
         | hand over the ledgers because "there are just too many records
         | to go through". Yeah-no, that's kind of the whole point. We
         | want to find out what you've been hiding in that wall of paper.
        
       | phire wrote:
       | _> The co-founder of the company, Mark Perlin, is said to have
       | argued against source code analysis by claiming that the program,
       | consisting of 170,000 lines of MATLAB code, is so dense it would
       | take eight and a half years to review at a rate of ten lines an
       | hour._
       | 
       | First, the defence doesn't necessarily have to evaluate all
       | 170,000 lines. They just need to find one buggy line which could
       | potentially overturn the result.
       | 
       | Second, even if it did take a full 8 years, is that a good reason
       | to deny the defendant due process?
        
         | buzzerbetrayed wrote:
         | Wait until you hear how long it would take at a rate of 2 lines
         | per hour, as long as we're just throwing out random numbers.
        
         | Cthulhu_ wrote:
         | > Second, even if it did take a full 8 years, is that a good
         | reason to deny the defendant due process?
         | 
         | No, but the person that wants to have it analyzed will have to
         | either spend the time themselves, or pay the expert witness for
         | their time; it could be a costly affair.
         | 
         | But I think it's warranted. An independent software review, and
         | a double blind assertion with the exact version of the software
         | used in the conviction to test the accuracy and reliability of
         | the application.
        
           | edgyquant wrote:
           | Any software used to convict people, especially on a such a
           | serious crime, should be audited like the fed is. Twice
           | yearly, once by a public firm and another by the government
           | itself. It should have to pass both of these audits to be
           | used.
        
         | kspacewalk2 wrote:
         | >Second, even if it did take a full 8 years, is that a good
         | reason to deny the defendant due process?
         | 
         | "It's just gonna take _so long_ , plus the code is a bit messy.
         | We're gonna be doing all that _work_ just because the rest of
         | someone 's life teeters on the results of the inquiry? Maan,
         | that's a bummer."
        
         | breck wrote:
         | Lol. If it would take 8.5 yrs to review, it's probably god
         | awful, and should never ever ever be used to convict someone of
         | such a crime.
         | 
         | My prediction: this firm will probably try to get removed from
         | the case, rather than open source their shitty code.
         | 
         | Source: I've worked on MATLAB codebases for various genomics
         | research projects in the past.
        
           | nickodell wrote:
           | >My prediction: this firm will probably try to get removed
           | from the case, rather than open source their shitty code.
           | 
           | That isn't necessarily their choice. The prosecutors will
           | make the decision about whether to withdraw the DNA evidence.
           | They probably won't, given that they would need to give the
           | defendant a new trial, which could lead to an accused
           | murderer getting off. A bad look for any prosecutor.
           | 
           | More to the point, if the firm withdraws from any case where
           | their credibility is questioned, what does that say to law
           | enforcement agencies who are thinking about using their
           | software?
        
             | ahepp wrote:
             | My understanding is that (some) law enforcement agencies
             | have been more than happy to drop cases rather than subject
             | investigative tools to proper scrutiny[0]. They have no
             | qualms resorting to "parallel construction"[1], and simply
             | using the inadmissible (sometimes illegal) evidence to find
             | admissible evidence.
             | 
             | [0] https://arstechnica.com/tech-policy/2015/04/fbi-would-
             | rather...
             | 
             | [1] https://en.wikipedia.org/wiki/Parallel_construction
        
             | gidan wrote:
             | That would be implying that the prosecutor would prefer
             | taking the life of an innocent rather than having it hurt
             | his career, making the prosecutor kind of a criminal.
        
               | melq wrote:
               | >making the prosecutor kind of a criminal.
               | 
               | Never met a lawyer before huh?
               | 
               | Jokes aside, prosecutors pushing through cases they know
               | to be unsound isn't exactly uncommon. Many prosecutors
               | are more concerned with their conviction rates than they
               | are in justice, because that's what they are measured and
               | rewarded by.
        
               | rtx wrote:
               | I often hear this, who is rewarding them for high
               | conviction rate.
        
               | vkou wrote:
               | Voters, because when it comes to issues of criminal
               | justice, crowds are rarely paragons of sober temperance
               | and restraint.
        
               | jabits wrote:
               | I think you are wrong and that most prosecutors want to
               | do the right thing, like most working people
        
               | hluska wrote:
               | Sadly, evidence contradicts that thought. It shouldn't
               | but it does.
        
               | hutzlibu wrote:
               | Everyone wants to do the right thing.
               | 
               | It is just that some think the right thing for themself
               | is to maximize their career progress.
               | 
               | And I would not know in general about state prosecutors,
               | but what I know anecdotally second hand, does not sound
               | good.
        
               | melq wrote:
               | I believe that's true as well, and I never said
               | otherwise.
        
               | JakeTheAndroid wrote:
               | "Right" and "wrong" are dependent upon the system and how
               | it rewards you.I would agree that most prosecutors what
               | to serve justice for malfeasance that has been committed.
               | That's different than whether a case is the "right" or
               | "wrong" one to take.
               | 
               | If a case seems unclear, and you could spend years
               | working on a conviction that will ultimately fall
               | through, that hurts your ability to do justice for more
               | readily winnable cases. You have to spend the time
               | building a case, do all the paperwork, go to trial, etc.
               | That's opportunity cost. So spending that on a case you
               | have 10% chance of winning just isn't a good use of time.
               | Add that to the fact that conviction rate is a metric
               | used to quantify skill, you're rewarded for serving
               | justice successfully. And that then dictates how much
               | money you can get which can help fund enforcing justice.
               | 
               | I believe you're looking at the moral right/wrong, and I
               | don't believe that is the same right/wrong being
               | discussed in terms of how lawyers often choose cases. At
               | the end of the day, lawyers need work and they get that
               | mostly through word of mouth and reputation. You don't
               | really get either of those when you lose cases.
        
               | XorNot wrote:
               | The prosecutor doesn't see it that way. They see it as
               | just "knowing" the guy is "definitely guilty". It's just
               | like, a feeling you know? And a win will look great when
               | they go for re-election (why is that even a thing?).
               | 
               | Presuming rational actors in this case is missing the
               | general problem with the system: people very easily
               | convince themselves they know the truth _despite_ how the
               | validity of the evidence changes. Whatever it said
               | initially, that must be right - it 's misinformation 101.
               | Once a belief is established it is much harder to change.
        
               | nickodell wrote:
               | >taking the life of an innocent
               | 
               | The prosecutor isn't unilaterally deciding whether the
               | DNA evidence is valid. There will be a public hearing
               | where both the prosecution and defense show evidence
               | about the validity of the DNA evidence, and a court will
               | rule based on that evidence.
        
             | bdavisx wrote:
             | It would also give _every_ person convicted using their
             | software an incentive to open an appeal.
        
               | Spivak wrote:
               | I like how this is considered a bad thing. Like we can't
               | let this guy point out that he's being convicted by an
               | unauditable black box that suddenly isn't worth using if
               | it has to stand up to scrutiny because _then everyone
               | would want to._ The horror.
               | 
               | Like I'm actually kinda shocked this is the reality. I
               | would have assumed that DNA evidence would have some
               | blessed methodologies and tools/algorithms, with a strict
               | definition of what constitutes a match or partial match
               | specifically so this wouldn't happen.
        
               | hluska wrote:
               | This is one of these scary areas where reality matches my
               | teenaged experiences playing Shadowrun. I used to hope
               | that the brutal dystopia we played through was just fun.
               | Now I'm seeing that the present needs a word even more
               | brutal than dystopia. :(
        
               | alchemism wrote:
               | Kafkatopia
        
           | knolan wrote:
           | 170,000 lines of Matlab code for a project is not a good
           | sign. Unless they're also including the source of various
           | Matlab toolboxes which are already tested by the Mathworks.
           | 
           | It's such a high-level language it's hard to imagine what the
           | hell they're doing with all that code. It's probably mostly
           | useless cruft from GUIDE.
        
             | sdenton4 wrote:
             | My guess is a bit of each: The company high-balling the LoC
             | estimate to try to impress/scare the judge, but prooobably
             | also has a truly terrible codebase.
        
           | Aachen wrote:
           | > If it would take 8.5 yrs to review, it's probably god
           | awful, and should never ever ever be used to convict someone
           | of such a crime.
           | 
           | It's not like you review all scientific evidence and re-do
           | the experiments that lead up to the discovery of <insert some
           | evidence method> in the first place. Validating all that
           | would also take years and much of it can be established as
           | generally accepted by all parties. Similarly, there will be
           | some trust involved with this source code as well. Getting
           | the opportunity to look for bugs is essential in my opinion,
           | but it needn't take multiple years. Focus on the parts you
           | doubt, similar to what you'd do if you were reviewing the
           | scientific method used in analog evidence.
           | 
           | Of course, the two aren't identical. Validating scientific
           | methods and validating a program is different in that the
           | program is proprietary and the science (usually) merely
           | behind a paywall. The latter can then be replicated by others
           | and becomes established. The former will only ever be seen by
           | that company and doesn't become established. So scrutiny is
           | necessary, but after a couple cases that used an identical
           | version, requiring access without articulating particular
           | doubts would unduly delay the case. It doesn't seem
           | unreasonable to start trusting the program after a bunch of
           | defendants had experts look at it and found no way to cast
           | doubt on its result. If you don't think software of 180k
           | lines can be used in court under such circumstances because
           | it would take too long to review, we should throw out pretty
           | much all software anywhere in the judicial system. (That's
           | not what you said, but some of the replies including yours
           | hint at that.)
        
             | vkou wrote:
             | > It's not like you review all scientific evidence and re-
             | do the experiments that lead up to the discovery of <insert
             | some evidence method> in the first place. Validating all
             | that would also take years and much of it can be
             | established as generally accepted by all parties.
             | Similarly, there will be some trust involved with this
             | source code as well
             | 
             | There are a few important differences between a generally
             | accepted method, and some Matlab black-box that you feed an
             | input into, and it prints out 'guilty' and 'not guilty'.
             | 
             | 1. The former is based on centuries of peer review, where
             | the best ideas eventually get selected for. The latter is
             | an externally un-reviewed application, which encapsulates
             | the best of whatever we could ship by Thursday.
             | 
             | 2. You can call an expert witness to the stand, and ask
             | them questions about the state of the art of <some evidence
             | based method>. You can ask them why. You can ask them about
             | how certain one should be about their statements. You can't
             | cross-examine a black box.
             | 
             | The actual solution to your quandary is to require that
             | forensic analysis services must pass an annual,
             | independent, double-blind analysis of the accuracy of their
             | methods, before they are used in a courtroom - and that the
             | results of those audits are made available to the defense.
             | 
             | It's one thing for a man in a lab coat to take the
             | microphone and say that their methods are accurate 'to
             | within one in a million'. It's quite another to see an
             | audit, where 100 samples were sent in for analysis over six
             | weeks, and only 92 of them were analysed correctly.
             | 
             | A jury might still convict on the basis of that 92%
             | accuracy, but only if other meaningful evidence points
             | against the defendant.
             | 
             | Unfortunately, the reality of forensic science in 2021 is
             | that most of it is sloppy bunk, with no assurances of
             | accuracy.
        
               | gowld wrote:
               | In USA, accurate to 1 in a million means you can convict
               | 300 innocent people for every guilty one.
               | 
               | Bad stats, especially around DNA, has convicted many
               | innocent people.
               | 
               | BTW, law and Order did an episode on bad DNA science
               | convicting someone.
        
             | inetknght wrote:
             | > _It 's not like you review all scientific evidence and
             | re-do the experiments that lead up to the discovery of
             | <insert some evidence method> in the first place._
             | 
             | Actually, it _is_. That 's how science works and that's how
             | convictions often get overturned.
             | 
             | > _Validating all that would also take years_
             | 
             | Are you suggesting that unvalidated data is being used to
             | prosecute crimes?
             | 
             | > _and much of it can be established as generally accepted
             | by all parties._
             | 
             | The point here is that it _isn 't_ established as generally
             | accepted by all parties.
             | 
             | > _Similarly, there will be some trust involved with this
             | source code as well._
             | 
             | "Trust but verify"
             | 
             | > _If you don 't think software of 180k lines can be used
             | in court under such circumstances because it would take too
             | long to review, we should throw out pretty much all
             | software anywhere in the judicial system._
             | 
             | I firmly believe that if the source code isn't available to
             | review by all parties, including the public, then it
             | shouldn't be used in a criminal court.
        
               | gowld wrote:
               | > Are you suggesting that unvalidated data is being used
               | to prosecute crimes?
               | 
               | Yes. Pseudoscience is the bread and butter of criminal
               | forensics.
        
         | [deleted]
        
         | maceurt wrote:
         | It shouldn't take 10 lines an hour should it? I don't have
         | experience reviewing professional code of this size, so please
         | correct me if my assumption is wrong, but that number doesn't
         | seem right.
        
           | raldi wrote:
           | I'd say more like ten lines a second, if you're skimming it
           | to look for something. And of course, the work can be
           | parallelized.
        
           | novembermike wrote:
           | It really isn't. Most of the code is probably going to be
           | uninteresting and you can do 10 lines a minute or more. Some
           | of the code will be more relevant and might take a day for 10
           | lines. This would just be checking for accuracy though so you
           | could probably just ignore a huge chunk of it.
        
           | jjkaczor wrote:
           | As part of a quality control team, I personally went through
           | over 1.2 million lines of working code (i.e. not including
           | comments) over the span of about 8 months, M-F, 9am-5pm.
           | 
           | So, yeah - this number is bunk.
        
         | wdobbels wrote:
         | If their argument is that their codebase is basically
         | unreadable, then I see why they're scared someone might find
         | some bugs here and there.
        
           | carlmr wrote:
           | I'd get an expert witness in there to testify basically that.
           | 
           | I also don't think you should code anything mission critical
           | like this in Matlab. It's a decent language for prototyping,
           | not for production.
        
             | heavyset_go wrote:
             | > _I 'd get an expert witness in there to testify basically
             | that._
             | 
             | Sounds really expensive.
        
               | cyberlurker wrote:
               | It might not be as much as you think. I know
               | professionals who've been paid a few hundred dollars to
               | be an expert witness more than once, but usually in
               | medicine. It's easy money for someone if a lawyer often
               | does certain cases that require an expert witness.
        
               | Helloworldboy wrote:
               | I'll do it for free
        
             | ChrisLomont wrote:
             | The numerics in Matlab are far better than pretty much any
             | developer can produce in production. This is why Matlab is
             | used in production - it's vastly more reliable than people
             | rebuilding the things it is good at by hand for bespoke
             | solutions.
        
               | WmyEE0UsWAwC2i wrote:
               | True. But I believe this is a case where correctness and
               | clarity are the paramount concerns.
               | 
               | There should be a public reference implantation of these
               | methods if they are going to be used in court.
        
         | kenjackson wrote:
         | 8 years is a long time. What he then wanted to code review
         | Matlab, and then the compiler that Matlab used, then do some
         | silicon verification...
         | 
         | Six to nine months seems like enough to do a very good code
         | review with some testing. There's a good chance that 75% of
         | that Matlab code doesn't execute for his test.
        
           | edgyquant wrote:
           | This is this persons life we're talking about. No amount of
           | time is too much and it isn't hurting anyone to let him do a
           | code review.
        
             | kenjackson wrote:
             | No. You give a reasonable amount of time. What if he asked
             | for 100 years?
        
               | edgyquant wrote:
               | As long as he's actually reading the code, and still in
               | jail unable to hurt anyone, let him have it. He'll likely
               | pass before that time is reached and if he's just wasting
               | time he'll get bored having to spend hours a day looking
               | at code that he doesn't care to look at. I get what
               | you're saying but my point is him wasting time reading
               | code isn't hurting anyone and is a better use of an
               | inmates time than sitting around.
        
               | PurpleFoxy wrote:
               | We should flip the responsibility. How does the company
               | providing the software prove it is not flawed.
        
         | abfan1127 wrote:
         | 10 lines per hour? doesn't that seem painfully slow?
        
           | flavius29663 wrote:
           | have you ever seen MATLAB code?
        
             | ashtonkem wrote:
             | That's actually a pretty good argument for banning such
             | code from the criminal justice system. The idea that
             | unreadable code is deciding who gets locked up is really
             | worrying.
        
               | cozzyd wrote:
               | and depending on which MATLAB version they run it in, it
               | might have completely different results if they haven't
               | tested carefully...
        
               | deathlight wrote:
               | This thread makes me sad because when I was taught and
               | used matlab we had strong pressures to properly comment
               | and document our code to make it legible (if only to our
               | own future selves). It feels almost criminal to not do
               | that in these circumstances.
        
           | ehwhyreally wrote:
           | Yes, You also dont read programs like a book, You generally
           | follow the methods being used, Reading line to line would be
           | like reading a a book with all its pages re arranged.
        
           | techolic wrote:
           | If it means what I think it means - understanding the code -
           | sometimes it takes days to understand just one line of code.
           | Document digging, googling, asking around, fiddling with test
           | cases, reading production log etc.
        
           | Aachen wrote:
           | It depends on the level of scrutiny. It doesn't seem
           | unreasonable. We review a lot more code per hour (usually
           | C-like code though) but then we're not supposed to lock
           | someone up for murder, we just find basic things like memory
           | corruption. Don't even need to get into the business logic to
           | find bugs that totally break the application, let alone all
           | of it.
           | 
           | When writing Python (I don't have stats about reading), a 1.0
           | version of a small project took me 1.5 hours and consisted of
           | 183 lines of code, so 2.2 lines per minute. That's much
           | faster than this, but 183 lines is also a ton less complex
           | than understanding the entirety of 180k lines and properly
           | assessing whether it does exactly and only what it's supposed
           | to.
           | 
           | 10 lines per hour is probably taken as a lower bound to prove
           | a point, especially because they argue about checking the
           | whole thing (large parts can probably be skipped), but as a
           | standalone statistic I would say it's probably within an
           | order of magnitude from the true value. And for software time
           | estimates that would be an amazing feat :p
        
           | xirbeosbwo1234 wrote:
           | Both 0.1 lines an hour and 1000 lines per hour would be
           | equally wrong. That isn't how people would review that sort
           | of code. They would test it and then thoroughly examine any
           | areas of concern that crop up.
           | 
           | I've run into 300-line programs that have taken me a month to
           | figure out because the math was hard and I've run into
           | 100,000 line programs that have taken me a few hours to tear
           | apart.
        
         | unishark wrote:
         | A lot of bashing over a vague third-hand quote without a
         | source.
         | 
         | In the very next paragraph they say:
         | 
         | > The company offered the defense access under tightly
         | controlled conditions outlined in a non-disclosure agreement,
         | which included accepting a $1m liability fine in the event code
         | details leaked. But the defense team objected to the
         | conditions, which they argued would hinder their evaluation and
         | would deter any expert witness from participating.
         | 
         | So it's a concern about IP protection for them.
        
           | gowld wrote:
           | There is no legitimate need for IP protection against
           | destroying innocent lives.
        
       | pnathan wrote:
       | This is excellent! As a _principle_ , we should always be able to
       | properly critique the expert witnesses and analyses! Or, at
       | least, hire an expert firm to do the critique. It at least
       | restores a proper ability to challenge an assertion of guilt.
        
       | steerablesafe wrote:
       | Are forensic labs often get blind tested? If there is a bias for
       | guilty cases then it should turn out in those blind tests. Source
       | code is a red herring here, there should be independent
       | evaluations of forensic laboratories/methodologies/etc...
       | regardless of software source code availability. Maybe these
       | checks are already in place, I genuinely don't know.
        
         | WaitWaitWha wrote:
         | Not in my experience. Most labs of various types supposed to
         | get certification, but these certifications primarily about
         | chain of custody, operation protocols, record keeping, and
         | such. It has little to do with the veracity of their
         | conclusions.
        
         | cmpb wrote:
         | >Source code is a red herring here
         | 
         | If there were a way to ensure that the test suite applied to
         | these forensic labs was all-encompassing w.r.t. the genetic
         | variables at play, then maybe. But that sounds impossible. What
         | if there's a coding error that causes the software to operate
         | differently/incorrectly only for people with a certain (rare)
         | genetic abnormality?
         | 
         | For what it's worth, I'm totally unversed in genetics, though I
         | have a great deal of experience writing software tests (and
         | seeing them come up short in adequately modelling real-world
         | data).
        
         | scott00 wrote:
         | I don't know the answer to your question, but blind testing is
         | complementary to (not a substitute for) source code review.
         | 
         | It's very common for software to work correctly a high
         | percentage of the time, but fail on rare input data. If, say,
         | the software works correctly 999,999 times out of a million,
         | you're going to be very unlikely to discover that error by
         | throwing random samples at it, especially if you need a
         | physical process (ie, drawing blood) in order to generate a
         | test case.
         | 
         | On the other hand, once you have a known failing case (as you
         | would if the defendant knows the result must be in error
         | because he didn't commit the crime), it's often fairly
         | straightforward to identify the error by reviewing the source
         | and/or using a debugger to examine the progress of the
         | algorithm.
        
           | fritzo wrote:
           | Agreed, blind testing is important for statistical
           | correctness and code review is important to avoid adversarial
           | backdoors like dieselgate.
        
       | lowbloodsugar wrote:
       | "The co-founder of the company, Mark Perlin, is said to have
       | argued against source code analysis by claiming that the program,
       | consisting of 170,000 lines of MATLAB code, is so dense it would
       | take eight and a half years to review at a rate of ten lines an
       | hour."
       | 
       | Well then the probability that it works correctly is zero.
        
       | onetimemanytime wrote:
       | Makes perfect sense. You have the right to cross-examine the
       | witness, especially when you're being accused of murder.
        
       | anfilt wrote:
       | Link to the ruling:
       | https://www.eff.org/files/2021/02/03/decision_appdiv_232021....
        
       | femto113 wrote:
       | Interesting that they're putting so much focus on the DNA piece,
       | since the actual crime was witnessed by a police officer and
       | there is circumstantial evidence tying the suspect to the weapon
       | (it was found along the path they used to flee from the scene).
        
       | vlovich123 wrote:
       | I'm curious. I've always been frustrated by this "closed"
       | business model in the legal system. I feel like the entire
       | process & details should be detailed in the open (code,
       | methodology, controls, etc). Of course the counterpoint is that
       | it makes it easier to copy this business & undercut all the time
       | & energy spent on building it (copying is easier). Is that the
       | only reason? I feel like open kimono is a critically important
       | concept for anything related to the legal system because of how
       | any perversion removes its legitimacy. If it really is that
       | prohibitive to run a profitable business in this space, is there
       | open standards that can be enforced (e.g. "this is the core
       | algorithm that is approved" & businesses must get regular audits
       | to continue to be used & any failed audit causes a reexamining of
       | any court cases you were involved in the past year?). That's less
       | ideal because then who audits the auditors but maybe at least
       | it's an acceptable middle ground from where we are?
       | 
       | In general I've been extremely frustrated how regularly &
       | consistently this entire industry keeps everything secretive &
       | trust-based despite consistent examples of how insufficient trust
       | is for this field & how devastating the results are when that
       | trust is violated.
        
       | dannykwells wrote:
       | "170,000 lines of MATLAB code" (used as software to determine if
       | humans are spending their lives in jail).
       | 
       | Well if that's not a line to make you feel awful on a Monday
       | morning.
        
       | protomyth wrote:
       | I do wonder if the next step is check the compiler / interpreter
       | the code is running on. Is Matlab assumed to be error free in
       | this situation? Will certified compilers and CPUs be required in
       | the future? Looks like someone could end up reviving a modern
       | version of the Viper
       | https://en.wikipedia.org/wiki/VIPER_microprocessor
        
       | aaron695 wrote:
       | This isn't a DNA testing kit as one would normally think -
       | 
       | "TrueAllele uses a hierarchical Bayesian probability model that
       | adds genotype alleles, accounts for artifacts, and determines
       | variance to explain STR data and derive parameter values and
       | their uncertainty. The computer employs Markov chain Monte Carlo
       | (MCMC) statistical sampling to solve the Bayesian equations. The
       | resulting joint posterior probability provides marginal
       | distributions for contributor genotypes, mixture weights, and
       | other explanatory variables."
       | 
       | https://onlinelibrary.wiley.com/doi/full/10.1111/1556-4029.1...
        
         | Scandiravian wrote:
         | How is that different from a DNA testing kit "as one would
         | normally think"?
        
       | trynton wrote:
       | In such a serious case, once the accused was identified by
       | TrueAllele, shouldn't a further test be carried out by a human to
       | verify the results.
        
       | Thorentis wrote:
       | > If TrueAllele is found wanting, presumably that will not affect
       | the dozen individuals said to have been exonerated by the
       | software.
       | 
       | Buried right at the end, but an interesting thought. It would
       | depend on the individual cases, but if there was a whole body of
       | evidence vs. one DNA test, surely these cases would need to be
       | retried?
        
         | clarle wrote:
         | IANAL but if the individuals were already found not guilty, I
         | think double jeopardy laws would apply.
         | 
         | The prosecution wouldn't be able to try again unless they made
         | an appeal that there's a substantially different crime.
        
       | zyxzevn wrote:
       | All source code for important decisions should be open and be
       | verified by different parties. Just as that for voting machines.
        
       | [deleted]
        
         | retrac wrote:
         | There's a certain irony in advocating for capital punishment on
         | a thread about the dangers of lying prosecutors, bogus
         | forensics, and false convictions.
        
         | AS37 wrote:
         | I'd like to encourage you, 5 minutes after you learn about
         | someone's existence, _not_ to wish for their death, execution,
         | imprisonment, and  /or disenfranchisement. The real world is
         | too complicated to judge correctly in that time.
         | 
         | As well, please remember that the comment guidelines exist at
         | https://news.ycombinator.com/newsguidelines.html
        
           | [deleted]
        
             | [deleted]
        
           | dang wrote:
           | Thanks for pointing this out! We've deleted that comment by
           | the commenter's request.
        
         | [deleted]
        
         | dang wrote:
         | We detached this subthread from
         | https://news.ycombinator.com/item?id=26064707.
        
       | fritzo wrote:
       | Code review is not the way to validate statistical inferences.
       | 
       | Even during internal review of statistical inference code,
       | committers argue correctness through a combination of readable
       | code, readable tests, and statistical validation on a combination
       | of synthetic and real data. While I agree the TrueAllele source
       | should be provided, the "zero-defects" bar is neither sufficient
       | nor necessary for correctness of the inferences made.
        
         | akyu wrote:
         | > Code review is not the way to validate statistical
         | inferences.
         | 
         | But it is a way to invalidate the inference, which is what the
         | defense is interested in.
        
         | damagednoob wrote:
         | How much uncertainty in the system are you willing to live with
         | if you were falsely accused of murder?
        
           | fritzo wrote:
           | That is a question for the judge or jury. The statistician's
           | job is to provide a probability distribution, and to argue
           | for the statistical correctness of that distribution based on
           | similar inferences made on validation data.
        
             | damagednoob wrote:
             | In that case, at least with respect to the death penalty,
             | "zero-defects" is precisely what the courts have moved
             | towards.
        
       | hirundo wrote:
       | If an accused person has the right to see the source code that
       | produced evidence against them, is it a violation of their rights
       | for the source code to be obfuscated, or even just so
       | spaghettified that not even an expert can understand it?
       | 
       | I kinda think that should be a violation. But deciding whether a
       | particular piece of code is so bad is so subjective that I'm not
       | sure on how you'd make a legal standard out of it. Maybe start
       | with "the linter found a ratio of warnings to lines > X%" or some
       | such.
       | 
       | Having a legal standard of code coherence/incoherence might help
       | filter pull requests. "This PR cannot be merged to this project
       | because it is configured to reject legally incoherent code."
       | 
       | As code becomes more complex it may become more meaningful to
       | have access to the test suite, and to challenge the evidence if
       | the tests are inadequate to demonstrate the correct code
       | behavior.
        
         | Jakobeha wrote:
         | In the case where code is used to convict or acquit someone, I
         | think it should be a well-tested and established program:
         | generally something with the software quality of Linux, or in
         | this case, whatever DNA testing kit is being used by scientists
         | in top-ranking universities.
         | 
         | We could also use formal verification based on well-established
         | axioms. For example, maybe we could "prove" that the DNA kit
         | reports accurate results as long as the samples it's given are
         | processed correctly.
        
         | londons_explore wrote:
         | You don't need a legal standard. You just need to put doubt
         | into the minds of a jury. You can get an expert to stand up and
         | say "I'm an expert in computers, and I couldn't understand how
         | this DNA test works. I think it's likely there are mistakes in
         | it that neither I nor the people that made it have discovered".
        
           | Spivak wrote:
           | "This system is an absolute mess that is impossible audit and
           | so there is no way that the company using could find bugs in
           | it either."
        
           | [deleted]
        
         | WaitWaitWha wrote:
         | During discovery, the opposing lawyer can raise an alarm to the
         | court of such obfuscation. There have been many cases where
         | such behavior cost cases going against the party.
        
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       (page generated 2021-02-08 23:00 UTC)