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200 word response 1 reference/intext citation due 1/27/2024
Patton
First of all, there is always a disclaimer in every GSR test report, regardless of whether the test results are positive or negative for GSR. It’s not always the case that a defendant who takes a positive GSR test has fired a pistol. In the unlikely event that the fused lead, antimony, and barium particles are discovered, they might have originated from tainted samples or other materials like brake pads or pyrotechnics (Gunshot residue evidence, December 2023). In a similar vein, a defendant’s failure to pass a GSR test does not always imply that they have never fired a gun. It is possible that the Defendant was wearing gloves or that the GSR particles were wiped away. What does the GSR test actually prove, then? Second, it’s critical to take into account the GSR sample’s collection method. Police personnel frequently collect GSR samples improperly, which increases the risk of contamination. The FBI and the majority of police agencies advise taking a suspect’s GSR sample as soon as possible on the scene, ideally even before the subject is handcuffed or driven away in a police cruiser. Research conducted in the nation’s largest cities has found an unsettlingly high concentration of GSR particles on handcuffs, police cars’ rear seats, holding cells, interrogation tables and chairs, and police officers themselves. The increased risk of contamination has led to a closer examination of GSR sample collection practices. At the FBI Symposium in 2005, for instance, all attendees agreed without exception “that GSR sampling should be done at the scene, where permissible, and as expeditiously as possible” (Gunshot residue evidence, December 2023). Additionally, before a suspect is placed in a police car, their hands should be covered with plastic bags if samples cannot be taken at the scene. The risk of contamination rises significantly if a defendant’s hands are not sampled at the scene and are not bagged before being transported. According to the director of the crime lab in Baltimore, Maryland, “We don’t test them if they don’t bag them” (Gunshot residue evidence, December 2023). Refer to the Stephanie Hanes Special Report in the Baltimore Sun Times, Evidence Under Suspicion. Furthermore, a large number of other courts have determined that GSR evidence is unreliable due to sample contamination. For instance, partly because of faulty GSR evidence, the Washington Supreme Court overturned a murder conviction and remanded the case for a new trial. In summary, every criminal case involving GSR evidence needs to be thoroughly examined. A criminal defense lawyer must be aware of the possibility of contamination from an incorrectly obtained sample and the possibility of a false positive GSR test result. Additionally, a jury should always be made aware of the extremely low probative value of GSR test results (Gunshot residue evidence, December 2023).