Saturday, 15 March 2014

MDNA

According to Wikipedia, "MDNA may refer to
-Mitochondrial DNA (mDNA or mtDNA), the DNA located in organelles called mitochondria
-MDNA (album), a 2012 album by Madonna
-MDNA Tour, 2012 concert tour by Madonna."
Additional research reveals an unexpected relationship between the first and third expansions of the acronym. If Madonna has anything to say about it, her fans seeking unusual souvenirs will have neither mDNA nor any other DNA from the aging pop star on the MDNA tour. She has a "sterilization team" to extirpate any DNA in her dressing room after shows. In fact, the team is concerned with much more than DNA. They remodel the dressing room to include "fake ceilings and fake walls, so they can ensure that no one has hidden a camera somewhere." [1] No "genetic exceptionalism" here.

I have heard that the Secret Service collects the plates, silverware, and drinking glasses or cups the President uses when he is on tour.1/ How about the rest of us? Do we have a reasonable expectation that police will not collect our shed DNA? No court has held that the investigative technique is a search within the meaning of the Fourth Amendment.

Note
  1. The newsletter, DNA: Focus, available from the ACLU of Vermont at http://www.acluvt.org/pubs/focus_dna.pdf, attributes this claim "to the British newspaper, The Sunday Mirror," but a quick web search failed to confirm that the Sunday Mirror or any other publication has made such a statement.
Reference
  1. Bang Showbiz, Madonna Has DNA Cleaning Team for Tour, Winnipeg Free Press, June 22, 2012
Related postings
Keywords: Abandoned DNA, shed DNA, Madonna

A "Ridiculous" Fourth Amendment Argument in the Grim Sleeper Case?

On January 7, Los Angeles Superior Court Judge Kathleen Kennedy dismissed as "specious and ridiculous" one argument from the alleged "Grim Sleeper" serial killer Lonnie Franklin Jr. [1] According to Mr. Franklin's lawyers, the police violated his Fourth Amendment right to be free from unreasonable searches and seizures when they surreptitiously acquired and analyzed DNA that he left on his plate and utensils at a restaurant.

This is not the first notorious case in which Judge Kennedy has participated. In the prosecution of O.J. Simpson, when she was a municipal judge, she initially limited investigators to 10 hairs from Mr. Simpson's head for microscopic comparisons to hairs found in a blue knit cap lying near the bodies of Nicole Brown Simpson and Ronald Goldman. That "surreal" ruling reflected a lack of understanding of hair comparison protocols. [2, p. 230] However, the Grim Sleeper ruling is more mainstream. No court has treated collecting shed or inadvertently abandoned DNA as a search [3, p. 454]

Apparently, investigators did not want to alert Mr. Franklin that he was suspected of the long series of rapes and murders attributed to the Grim Sleeper. They had a police officer pose as a busboy at John's Incredible Pizza, where Franklin was attending a birthday party. Franklin argued that the officer-busboy cleared his plates — first pizza and then chocolate cake — before he had finished eating. and that this poor service made the collection unconstitutional.

One might not think much would turn on how close Franklin was to completing his repast. From time to time, I have had to tell an eager waiter reaching for my plate to wait -- I am not yet done. If a customer does not speak up, how can he be said to have a protected property interest in the plate, an interest that might trigger Fourth Amendment protection under United States v. Jones, 132 S.Ct. 945 (2012)? Moreover, if a failure to allow the restaurant patron time to eat all he wants is the source of the Fourth Amendment violation, the inevitable discovery exception to the warrant requirement could render the matter academic.

However, Franklin also claimed that he had a reasonable expectation that his plates would be thrown into a pile with others, making his DNA unavailable for testing. This is precisely the argument that the Supreme Court rejected in a questionable opinion in California v. Greenwood, 486 U.S. 35 (1988). In that case, police acquired sealed, plastic bags of trash that their suspect placed on the curb for municipal pickup. Greenwood argued that he expected that the bags would be mixed up with the other garbage in the neighborhood, preserving his privacy interest in the contents of his bags. But the majority of the Court deemed this expectation unreasonable because marauding dogs or curious people might go through the bags before the garbage truck arrived.

Even if that reasoning is convincing, however, the burden on the diner to take other steps to protect his DNA from inspection seems greater than that which Greenwood imposes on people to dispose of some parts of their trash privately. Judge Kennedy reportedly reasoned that "If [Franklin] were really concerned about such things, he would not eat or he would take his trash with him." [1] Is that the kind of world we want to have — one in which people who wish to keep their DNA to themselves must bring their own silverware, plates, and trash bags to restaurants or stay at home for all meals?

Thus, I think that the Fourth Amendment status of police collection of certain forms of shed or discarded DNA is a closer question that the caselaw suggests. There is a plausible argument that at least some surreptitious DNA collection from suspects amounts to a "search." Accepting this argument would not necessarily make this mode of DNA collection and analysis impermissible, for not all searches are unreasonable. But it would require more analysis of the individual and state interests at stake.

References
  1. Paresh Dave, Grim Sleeper: Judge Allows DNA Evidence Gathered at Restaurant, Los Angeles Times, Jan. 7, 2014
  2. David H. Kaye, The Double Helix and the Law of Evidence (2010)
  3. Albert E. Scherr, Genetic Privacy and the Fourth Amendment: Unregulated Surreptitious DNA Harvesting, 47 Ga. L. Rev. 445 (2013)
Related postings
  • MDNA, Forensic Science, Statistics, and the Law, Mar. 15, 2014
Key words: Abandoned DNA, Fourth Amendment, Surreptitious DNA collection, Greenwood, Franklin, Grim Sleeper, Kennedy, Los Angeles

Wednesday, 26 February 2014

Blast Off for King from Florida's Space Belt? Not Quite

In Maryland v. King,1/ the Supreme Court upheld the constitutionality of taking DNA from individuals merely arrested of crimes. The majority relied on the perceived value of DNA profiling following by trawls of DNA databases of profiles from unsolved crimes to inform bail determinations and other pretrial decisions. The idea is that the arrestee might be linked to an unsolved crime, which would be good to know before critical decisions are made or become irrevocable.

Although such pretrial hits to unrelated crimes are rarely made with lightning speed, the Court suggested that this situation could change (just as it did with the introduction of computerized fingerprint matching). The majority wrote that:
[T]he FBI has already begun testing devices that will enable police to process the DNA of arrestees within 90 minutes. ... . An assessment and understanding of the reasonableness of this minimally invasive search of a person detained for a serious crime should take account of these technical advances. ... New technology will only further improve its speed and therefore its effectiveness.2/
Yesterday, Florida’s Space Coast Daily newspaper announced a “first-ever application of rapid DNA technology.”3/ “In January 2014,” police in the city of Palm Bay, south of Melbourne, “began processing samples from active cases” with IntegenX’s RapidHIT 200 device for producing STR profiles in about 90 minutes. They struck paydirt in the investigation of a September 2013 home burglary that netted “approximately $30,000 worth of property including firearms, electronic equipment, computers, TV’s, military equipment including a bulletproof vest, clothing, several guitars and even the cable box.”

Despite the "first-ever" buzz, other localities are using the same technology operationally. In South Carolina, for example, it fingered "one of three suspects in a string of burglaries in northeast Richland County from December 2013 to February 2014."4/

Does this mean that the Court’s prediction has come true, that arrestee DNA is being processed within a two-hour window? Hardly. The Palm Bay case concerned an individual who already had been “arrested for the crime based on witness statements and other evidence. A blood sample taken from the scene was run through the RapidHIT 200 which yielded a profile that matched the same suspect who had been arrested and charged with the crime.” This is not a case in which an automated, rapid system for DNA profiling was applied to acquire an arrestee profile for checking against a DNA database for unsolved crimes, as the King Court contemplated.

Nevertheless, when validated, the rapid processing power certainly can be applied to arrestee samples. Those are easier to analyze than are the often messier crime-scene samples that the Palm Bay police are profiling with the technology. The Court’s prediction may seem space age, but it is not particularly futuristic.

Indeed, the article goes on to suggest that by uploading the RapidHIT profiles into a local database of “Palm Bay and several local agencies, including Melbourne, West Melbourne and Cocoa Police,” police in the region are in a position to identify “suspects who cross jurisdictions to commit their crimes.” Of course, this is what Florida’s SDIS (State DNA Index System) does. Presumably, the objective of these police agencies is to do it more nimbly and quickly. Yet, that, in turn, creates alarms about “rogue databases” operating outside a statutory framework.

Postscript

"IntegenX Inc. has met the FBI guidelines to upload directly to the NDIS system known arrestee and convicted offender DNA profiles, as well as casework known samples, generated with the RapidHIT System using Life Technologies GlobalFiler Express kits from Thermo Fisher Scientific." IntegenX Inc., RapidHIT System Approved to Upload DNA Profiles to National Database, Forensic Mag.,
Mar. 19, 2014.

Notes

1. 133 S.Ct. 1958 (2013).
2. Id. at 1977.
3. Palm Bay Police Nail Crooks With DNA Evidence, Space Coast Daily, Feb. 25, 2014, http://spacecoastdaily.com/2014/02/palm-bay-police-nail-crooks-with-dna-evidence/.
4. Cassie Cope, Richland Sheriff’s Department’s New Machine Analyzes DNA in 90 Minutes, State (S.Car.), Feb. 27, 2014, http://www.thestate.com/2014/02/27/3295469/richland-sheriffs-departments.html#storylink=cpy.

Previous Postings on the Opinions in Maryland v. King

Sunday, 26 January 2014

Hundreds of Errors in DNA Databases: What Do They Mean?

The other day, the New York Times reported that "[t]he Federal Bureau of Investigation, in a review of a national DNA database, has identified nearly 170 profiles that probably contain errors" and that "New York State authorities have turned up mistakes in DNA profiles in New York’s database."

Apparently, nearly all the errors involve a recorded profile that differs from the true profile at one (and only one) allele. These "mistakes were discovered in July, when the F.B.I., using improved software, broadened the search parameters used to detect matches. The change, one F.B.I. scientist said, was like upgrading or refining 'a spell-check.' In 166 instances, the new search found DNA profiles in the database that were almost identical but conflicted at a single point."

This discovery raises several questions. How prevalent are these errors? What caused them? And, what investigative or prosecutorial errors could they cause?

I. Prevalence and Causes

The article observes that "[t]he errors identified so far implicate only a tiny fraction of the total DNA profiles in the national database, which holds nearly 13 million profiles, more than 12 million from convicts and suspects, and an additional 527,000 from crime scenes." Thus, "Alice R. Isenberg, the chief of the biometric analysis section of the F.B.I. Laboratory, said that ... 'We were pleasantly surprised it was only 166. ... These are incredibly small numbers for the size of the database.'" She believes "most of the 166 cases probably resulted from interpretation errors by DNA analysts or typographical errors introduced when a lab worker uploaded the series of numbers denoting a person’s DNA profile."

II. Consequences: Risks of False Hits and Misses

It is true that 166 is a small fraction--about 0.0013%--of all the profiles on record. But it would be interesting to know whether these discrepancies are concentrated in the known offender or arrestee profiles or in the ones from crime scenes (the "forensic index").

A. Errors in the Offender-arresstee Indices

Suppose first that the profile of an individual in an offender or arrestee index departs from the true profile of that individual by a single allele. If that individual committed an offense for which a crime-scene profile is recovered, he would not be noticed in a database trawl (unless the search program flagged near misses like this). This would be a false negative error.

How probable is this false negative error? There have been less than 230,000 hits (see http://www.fbi.gov/about-us/lab/biometric-analysis/codis/ndis-statistics) between profiles in the forensic index and the more than 12,000,000 profiles in the offender and arrestee indices. This means that an individual has about a 1.9% chance of being linked to a crime through the database. Assuming that all 166 misrecorded or mistyped profiles are in the offender-arrestee indices, it follows that the probability that one or more of these errors would yield a false negative is 166 x 0.0013% x 1.9% = 0.000042 = 0.0042%. Even if the 166 errors were the tip of the proverbial iceberg, 90% of which lies below the visible surface, the probability of a false negative resulting from the inaccurate profiles is only 0.042%.

If the inaccurate profile pertains to a offender or an arrestee, as we have assumed so far, then the probability of a false positive -- a hit to an individual represented in the database who is not the source of the crime-scene sample -- typically is even smaller. A false positive could occur if someone else in the world has a true profile that (1) is not in the offender-arrestee index and (2) perfectly matches the inaccurate profile in the index. Because all DNA profiles consisting of substantial number of loci are rare, the probability of a false positive must be small. 1/

B. Errors in the Forensic Index

Of course, all the inaccurate profiles did not come from previous offenders or arrestees. Some came from the crime-scene samples -- producing erroneous entries in the forensic index. These errors "had the effect of obscuring clues, blinding investigators to connections among crime scenes and known offenders" in three cases in New York. When forensic-index errors are present, the risk of a false negative error is much larger. Even if the source of the crime-scene sample is represented in the offender-arrestee indices (as seems to occur for some 2% of these database inhabitants), a database trawl for a match to the erroneous forensic index profile will miss this person.

Again, however, the chance of a false positive -- a hit between the false crime-scene profile and an offender or arrestee profile -- remains low for full DNA profiles. The probability of another person having the same false profile is still quite small. 2/

III. Caveats


The probabilities noted here are the result of back-of-the-envelope calculations (see note 1). Although I would think that more precise analyses would not give dramatically different results, I am not suggesting that the sources of errors reported by the FBI should be ignored or minimized. The incidence of errors in generating and recording data can be reduced, in part by automated systems. 3/ In addition, the estimates I have provided do not pertain to errors resulting from contamination of a crime-scene sample with an innocent suspect's sample and to profiles that are less complete than thirteen loci.

Notes
  1. If each STR allele is present in 10% of the relevant population (the actual values for each allele will vary from case to case) and if 13 loci are in the profile (the current norm), then the probability of a full match to the source of a crime-scene sample is less than (2 x 1/10)13 = 0.00000000082 (if the source of the crime-scene sample and the database inhabitant are unrelated members of a population in Hardy-Weinberg equilibrium and there is no linkage disequilibrium). Even if the correctly profiled crime-scene sample comes from a brother, the probability of a 13-locus match is only about (1/4 + p/2 + 2p2)13, where p is the average chance that the two alleles will match (the proportion of homozygotes in the population). (National Research Council Committee on DNA Technology in Forensic Science 1992, p. 167). If the homozygosity rate is, say 30% (which is higher than that reported in Budowle et al. (1999, p. 1278 (tbl. 1)), the probability of a full sibling possessing a one-off profile would only be about 0.00084.
  2. See supra note 1.
  3. Additional recording errors might be detected by massive, all-pairs trawls of the indices in CODIS. These would flag suspiciously similar profiles recorded as coming from what are thought to be different sources.

References

Saturday, 18 January 2014

The Signal, the Noise, and the Errors

Published in September 2012, The Signal and the Noise by Nate Silver soon reached The New York Times best-seller list for nonfiction. Amazon.com named it the best nonfiction book of 2012, and it won the 2013 Phi Beta Kappa Award in science. Not bad for a book that presents Bayes' rule as prescription for better thinking in life and as a model for consensus formation in science. The subtitle, for those who have not read it, is "Why So Many Predictions Fail--But Some Don't," and the explanations include poor data, cognitive biases, and statistical models not grounded in an understanding of the phenomena being modeled.

The book is both thoughtful and entertaining, covering many fields. I learned something about meteorology (your local TV weather forecaster probably is biased toward forecasting bad weather--stick to the National Weather Service forecasts), earthquake predictions, climatology, poker, human and computer chess-playing, equity markets, sports betting, political polling and poor prognostication by pundits, and more. Silver does not pretend to be an expert in all these fields, but he is perceptive and interviewed a lot of interesting people.

Indeed, although Wikipedia describes Silver as "an American statistician and writer who analyzes baseball (see Sabermetrics) and elections (see Psephology)," he does not present himself as as expert in statistics, and statisticians seem conflicted on whether to include him their ranks (see AmStat News). He seems to be pretty much self-educated in the subject, and he advocates "getting your hands dirty with the data set" rather than "spending too much time doing reading and so forth." Frick (2013).

Perhaps that emphasis, combined with the objective of writing an entertaining book for the general public, has something to do with the rather sweeping--and sometimes sloppy--arguments for Bayesian over frequentist methods. Although Silver gives a few engaging and precise examples of Bayes' rule in operation (playing poker or deciding whether your domestic partner is cheating on you, for instance), he is quick to characterize a variety of informal, intuitive modes of combining many different kinds of data as tantamount to following Bayes' rule. Marcus & Davis (2013) identify one telling example--a very successful sports bettor who recognizes the importance of data that the bookies overlook, misjudge, or do not acquire . (Pp. 232-61). What makes this gambler a Bayesian? Silver thinks it is the fact that "[s]uccessful gamblers ... think of the future as speckles of probability, flickering upward and downward like a stock market ticker to every new jolt of information." (P. 237). That's fine, but why presume that the flickers follow Bayes' rule as opposed to some other procedure for updating beliefs? And why castigate frequentist statisticians, as Silver seems to, as "think[ing] of the future in terms of no-lose bets, unimpeachable theories, and infinitely precise measurements"? Ibid. Surely, that is not the world in which statisticians live.

Changing probability judgments does not make someone a Bayesian

In proselytizing for Bayes' theorem and in urging readers to "think probabilistically" (p. 448), Silver also writes that
When you first start to make these probability estimates, they may be quite poor. But there are two pieces of favorable news. First, these estimates are just a starting point: Bayes's theorem will have you revise and improve them as you encounter new information. Second, there is evidence that this is something we can learn to improve. The military, for instance, has sometimes trained soldiers in these techniques,5 with reasonably good results.6 There is also evidence that doctors think about medical diagnoses in a Bayesian manner.7 [¶] It is probably better to follow the lead of our doctors and our soldiers than our television pundits.
It is hard to argue with the concluding sentence, but where is the evidence that many soldiers and doctors are intuitive (or trained) Bayesians? The report cited (n.5) for the proposition that "[t]he military ... has sometimes trained soldiers in the [Bayesian] techniques" says nothing of the kind.* Similarly, the article that is supposed to show that the alleged training in Bayes' rule produces "reasonably good results" is quite wide of the mark. It is a 35-year-old report for the Army on "Training for Calibration" about research that made no effort to train soldiers to use Bayes' rule.**

How about doctors? The source here is an article in the British Medical Journal that asserts that "[c]linicians apply bayesian reasoning in framing and revising differential diagnoses." Gill et al. (2005). But these authors--I won't call them researchers because they did no real research--rely only on their impressions and post hoc explanations for diagnoses that are not expressed probabilistically. As one distinguished physician tartly observed, "[c]linicians certainly do change their minds about the probability of a diagnosis being true as new evidence emerges to improve the odds of being correct, but the similarity to the formal Bayesian procedure is more apparent than real and it is not very likely, in fact, that most clinicians would consider themselves bayesians." Waldron (2008, pp. 2-3 n.2).

The transposition fallacy

Consistent with this tendency to conflate expressing judgments probabilistically with using Bayes' rule to arrive at the assessments, Silver presents probabilities that have nothing to do with Bayes' rule as if they are properly computed posterior probabilities. In particular, he naively transposes conditional probabilities to misrepresent p-values as degrees of belief.

At page 185, he writes that
A once-famous “leading indicator” of economic performance, for instance, was the winner of the Super Bowl. From Super Bowl I in 1967 through Super Bowl XXXI in 1997, the stock market gained an average of 14 percent for the rest of the year when a team from the National Football League (NFL) won the game. But it fell by almost 10% when a team from the original American Football Leage (AFL) won instead. [¶] Through 1997, this indicator had correctly “predicted” the direction of the stock market in twenty-eight of thirty-one years. A standard test of statistical significance, if taken literally, would have implied that there was only about a 1-in-4,700,000 possibility that the relationship had emerged from chance alone.
This is a cute example of the mistake of interpreting a p-value, acquired after a search for significance, as if there had been no such search. As Silver submits, "[c]onsider how creative you might be when you have a stack of economic variables as thick as a phone book." Ibid.

But is the ridiculously small p-value (that he obtained by regressing the S&P 500 index on the conference affiliation of the Super Bowl winner) really the probability "that the relationship had emerged from chance alone"? No, it is the probability that such a remarkable association would be seen if the Super Bowl outcome and the S&P 500 index were entirely uncorrelated (and no one had searched for a data set that shared a seemingly shocking correlation to the S&P 500 index). Silver may be a Bayesian at heart, but he did not compute the probability of the null hypothesis given the data, and it is problematic to tell the reader that a "standard test of statistical significance" (or more precisely, a p-value) gives the (Bayesian) probability that the null hypothesis is true.

Of course, with such an extreme p-value, the misinterpretation might not make any practical difference, but the same misinterpretation is evident in Silver's characterization of a significance test at the 0.05 level. He writes that "[b]ecause 95 percent confidence in a statistical test is Fisher’s traditional dividing line between 'significant' and 'insignificant,' researchers are much more likely to report findings that statistical tests classify as 95.1 percent certain than those they classify as 94.9 percent certain—a practice that seems more superstitious than scientific." (P. 256 n. †). Sure, any rigid dividing line (a procedure that Fisher did not really use) is arbitrary, but rejecting a hypothesis in a classical statistical test at the 0.05 level does not imply a 95% certainty that this rejection is correct.

In transposing conditional probabilities in violation of both Bayesian and frequentist precepts, Silver is in good and plentiful company. As the pages on this blog reveal, theoretical physicists, epidemiologists, judges, lawyers, forensic scientists, journalists, and many other people make this mistake. E.g., The Probability that the Higgs Boson Has Been Discovered, July 6, 2012. Despite its general excellence in describing data-driven thinking, The Signal and the Noise would have benefited from a little more error-correcting code.

Notes

* Rather, Gunzelmann & Gluck (2004) discusses training in unspecified "mission-relevant skills." An "expert model is able to compare their actions against the optimal actions in the task situation" and "identify [trainee errors] and provide specific feedback about why the action was incorrect, what the correct action was, and what the students should do to correct their mistake." The expert model--and not the soldiers--"uses Bayes’ theorem to assess mastery learning based upon the history of success and failure on particular units of skill within the task." Ibid. According to the authors, this "Bayesian knowledge tracing approach" is inadequate because it "does not account for forgetting, and thus cannot provide predictions about skill retention." Ibid.

** Lichtenstein & Fischhoff's (1978) objective was "to help analysts to more accurately use numerical probabilities to indicate their degree of confidence in their decisions." They did not study military analysts, but instead recruited 12 individuals from their personal contacts. They had these trainees assess the probabilities of statements in the areas of geography, history, literature, science, and music. They measured how well calibrated their subjects were. (A well calibrated individual gives correct answers to x% of the questions for which he or she assesses the probability of the given answer to be x%.) The proportion of the subjects whose calibration improved after feedback was 72%. Ibid.

References

Walter Frick, Nate Silver on Finding a Mentor, Teaching Yourself Statistics, and Not Settling in Your Career, Harvard Business Review Blog Network, Sept. 24, 2013, http://blogs.hbr.org/2013/09/nate-silver-on-finding-a-mentor-teaching-yourself-statistics-and-not-settling-in-your-career/.

Christopher J. Gill, Lora Sabin & Christopher H. Schmid, Why Clinicians Are Natural Bayesians, 330 Brit. Med. J. 1080–83 (2005), available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC557240/

Glenn F. Gunzelmann & Kevin A. Gluck, Knowledge Tracing for Complex Training Applications: Beyond Bayesian Mastery Estimates, in Proceedings of the Thirteenth Conference on Behavior Representation in Modeling and Simulation 383-84 (2004), available at http://act-r.psy.cmu.edu/wordpress/wp-content/uploads/2012/12/710gunzelmann_gluck-2004.pdf.

Sarah Lichtenstein & Baruch Fischhoff, Training for Calibration, Army Research Institute Technical Report TR-78-A32, Nov. 1978, available at http://www.dtic.mil/dtic/tr/fulltext/u2/a069703.pdf

Gary Marcus & Ernest Davis, What Nate Silver Gets Wrong, New Yorker, Jan. 25, 2013, http://www.newyorker.com/online/blogs/books/2013/01/what-nate-silver-gets-wrong.html

Tony Waldron, Palaeopathology (2008), excerpt available at http://assets.cambridge.org/97805216/78551/excerpt/9780521678551_excerpt.pdf

Thursday, 16 January 2014

Tres Mal Errors with DNA Evidence

A story in the Denver Post (Gurman 2014) begins with the disturbing news that
A malfunction in a DNA processing machine led to the scrambling of samples from 11 Denver police burglary cases, officials acknowledged Friday. It took more than two years for the department to discover the errors. As a result of the mix-up, prosecutors are dismissing burglary cases against four people, three of whom had already pleaded guilty.
What happened?

In 2011, "[a] machine 'froze' while running a tray of 19 DNA samples." An analyst "replaced [the samples] in the wrong order" after asking the manufacturer of the robot how to proceed. More than two years later, "the machine froze for a second time." An analyst called again and "became concerned because the directions seemed different the second time. Further review over the next month revealed" the 2011 error. Ibid.

What of It?

The police department chief of staff observed that "[n]one of the DNA was compromised; it was merely associated with the wrong case when we were done." Ibid. In other words, the crime-scene DNA profiles were mislabeled. Such errors could have helped criminals avoid detection. For instance, a burglar in case A falsely associated with case B might have had a strong alibi defense for case B. Alternatively, such labeling errors could have caused individuals to be convicted of the wrong crime -- perhaps a man guilty of a burglary could have been found guilty of an murder (or vice versa).

In this incident, however, a police spokeswoman said that "[a]ll four people had confessed to at least one burglary, but the DNA error meant they were charged with the wrong ones." Ibid. Prosecutors dismissed the charges against the four, and they will not be tried for the other burglaries because the statute of limitations has expired.

Another "tray mal" case

Misuse of automated machinery for DNA analysis also produced an error--this one involving an entirely innocent man--in "what is described as the most advanced automated DNA testing system in the UK at LGC forensics labs in Teddington." Israel 2012. The machinery extracts DNA from wells in a plastic tray. Police arrested Andrew Scott, 20, after a street fight and sent a saliva to LGC for profiling. (Doyle 2012). Instead of throwing away the tray after the run with Scott's saliva sample, however, a worker reused it in an unrelated rape case. The tray contained enough of Scott's left-over DNA to show his DNA profile in the later rape sample. The laboratory should have been aware of a problem, for "[t]he batch containing the rape sample showed DNA present in the negative control (a blank sample put through to test for contamination)." (Rennison 2012).

As a result of the error, Scott was charged with "a violent attack on a woman in Manchester – carried out when he was hundreds of miles away in Plymouth." (Doyle 2012). After he spent months in prison, the charge was dismissed. "Phone records showed he was 300 miles away on the south coast when the rape took place." Scott described the experience as a "living nightmare": "They kept me in a segregation wing which was full of rapists and paedophiles. I suffered lots of verbal abuse and other inmates spitting at us and shouting 'paedos.'" Ibid.

References
Acknowledgments
  •  Thanks to Bill Thompson for alerting me to the Denver case.
Copyr. (c) DH Kaye 2014

Tuesday, 24 December 2013

Breathalyzers and Beyond: The Unintuitive Meanings of "Measurement Error" and "True Values" in the 2009 NRC Report on Forensic Science

Five years ago, the National Research Council released its eagerly awaited and repeatedly postponed report on "Strengthening Forensic Science in the United States: A Path Forward." One theme of the report was that forensic experts must present their findings with due recognition of Rumsfeldian "known unknowns." For example, the report repeatedly referred to "the importance of ... a measurement with an interval that has a high probability of containing the true value" (NRC Committee 2009, p. 121), and it referred to "error rates" for categorical determinations (ibid., pp. 117-22). 

Earlier this year, UC-Davis law professor and evidence guru Edward Imwinkelried and I submitted a letter urging the Washington Supreme Court to review a case raising the issue of whether the state courts should admit point estimates of blood or breath alcohol concentration without an accompanying quantitative estimate of the uncertainty in each estimate. (The court denied review.) Since the NRC report uses breath-alcohol measurements to explain the meaning of its call for interval estimates, one would think that the report would have a good illustration of a suitable interval. But that is not what I found. The report's illustration reads as follows:
As with all other scientific investigations, laboratory analyses conducted by forensic scientists are subject to measurement error. Such error reflects the intrinsic strengths and limitations of the particular scientific technique. For example, methods for measuring the level of blood alcohol in an individual or methods for measuring the heroin content of a sample can do so only within a confidence interval of possible values. In addition to the inherent limitations of the measurement technique, a range of other factors may also be present and can affect the accuracy of laboratory analyses. Such factors may include deficiencies in the reference materials used in the analysis, equipment errors, environmental conditions that lie outside the range within which the method was validated, sample mix-ups and contamination, transcriptional errors, and more.

Consider, for example, a case in which an instrument (e.g., a breathalyzer such as Intoxilyzer) is used to measure the blood-alcohol level of an individual three times, and the three measurements are 0.08 percent, 0.09 percent, and 0.10 percent. The variability in the three measurements may arise from the internal components of the instrument, the different times and ways in which the measurements were taken, or a variety of other factors. These measured results need to be reported, along with a confidence interval that has a high probability of containing the true blood-alcohol level (e.g., the mean plus or minus two standard deviations). For this illustration, the average is 0.09 percent and the standard deviation is 0.01 percent; therefore, a two-standard-deviation confidence interval (0.07 percent, 0.11 percent) has a high probability of containing the person’s true blood-alcohol level. (Statistical models dictate the methods for generating such intervals in other circumstances so that they have a high probability of containing the true result.)
(Ibid., pp. 116-17.)

What is troublesome about this explanation? Let me count the ways.

1. "Measurement error" does not refer to all errors of measurement

"[D]eficiencies in the reference materials used in the analysis, equipment errors, environmental conditions that lie outside the range within which the method was validated, sample mix-ups and contamination, transcriptional errors, and more" all "can affect the accuracy of laboratory analyses." Nevertheless, they do no count as "measurement error" because they are "factors other than the inherent limitations of the measurement technique." Not being "intrinsic [to] the particular scientific technique," they fall outside the committee's definition of "measurement error."

That narrow definition calls to mind the claims of some fingerprint analysts that the ACE-V method has an "methodological" error rate of zero because the only possibility for error arises when a human being does not apply the method perfectly. The difference, however, is that one can measure the errors when the breathalyzer has no deficient reference materials, no extreme environmental conditions, no sample mix-ups and contamination, no transcriptional errors, and so on. The fingerprint analyst, in contrast, is the measuring instrument, and it is impossible to distinguish between instrument measurement error and human error in that context.

There is nothing illogical in quantifying some but not all measurement errors when some are more readily and validly quantifiable than others. Machines might not be tested periodically to ensure that they are operating as they are supposed to (e.g., DiFilipo 2011; Sovern 2012), but whether one can usefully build that possibility into the computation of the uncertainty of a measurement that might be suitable for courtroom testimony is not clear. Yet, using the seemingly all-encompassing phrase "measurement error" in a narrow, technical sense -- to denote only the noise inherent in the apparatus when operated under certain conditions -- is potentially misleading.

2. "True values" are not true blood-alcohol levels.

Because the committee's example of "measurement error" quantifies only "intrinsic" error, its statement that "a two-standard-deviation confidence interval (0.07 percent, 0.11 percent) has a high probability of containing the person’s true blood-alcohol level" also is easily misunderstood. The confidence interval (CI) for "true values" does not pertain to the actual blood-alcohol level. That level can differ from the point estimate of 0.09 for other reasons, making the real uncertainty greater than ± 0.02.

In addition, a breathalyzer measures alcohol in the breath, not in the bloodstream. The concentrations are related, but the precise functional relationship varies across individuals (e.g., Martinez & Martinez 2002). This is another source of uncertainty not reflected in the committee's CI for blood-alcohol concentration (BAC), although the committee could have sidestepped this issue by referring to breath-alcohol concentration (BrAC).

3. The standard error of the breathalyzer would be determined differently.

The NRC committee imagines using a breathalyzer to make three measurements of the same breath sample. The parenthetical, concluding sentence about "statistical models" for "other circumstances" suggests that the committee realized that this approach is not one that anyone would use to estimate the noise in the apparatus. The breathalyzer should be tested on many samples with known concentrations to ensure that it is not biased and to quantify the extent of the random variations about those known values. Manufacturers perform such tests (e.g., Coyle et al. 2010).

4. A CI of ±2 standard errors might not have "a high probability of containing the person’s true blood-alcohol level"

Let's put aside all the concerns raised so far. Suppose that the errors in the machine's measurement always are normally distributed about the true value in a breath sample; that the applicable standard deviation for this distribution is 0.01; and that the single measured value is 0.09. Is it now true that the interval 0.09 ± 0.02 "has a high probability of containing the person’s true blood-alcohol level"?

Maybe. Two standard errors give an interval with a confidence coefficient of approximately 95%. That is to say that this one interval comes from a procedure that generates intervals that cover the true value about 95% of the time. It is tempting to say that the probability that the interval in question covers the true value therefore is 95%.

But let's think about how the sample came to be tested. The arrested officer picks someone out of a population of motorists. The motorists have varying levels of BrACs, and the officer has some level of skill in spotting the ones who might well be inebriated. Suppose that the drivers the officer stops and tests have BrACs that are normally distributed with mean 0.04 and standard deviation 0.01. The officer's breathalyzer is functioning according to manufacturer's specifications, and the standard deviation in its measurements is 0.01, as in the NRC report. Having obtained a measurement of 0.08 on the one driver's breath sample, what is a high probability interval for true BrAC in this one breath sample? Is it 0.07 to 0.11?

It turns out the probability that the true BrAC falls within the NRC's interval is only 24% (applying equations 2.9 and 2.10 in Gelman et al. 2004). If the officer stopped drivers who whose mean BrAC were greater than 0.04 or with more variable BrACs, the probability for the NRC's interval being correct would be greater. If, for example, the standard deviation in this group were 0.02 instead of 0.01 (and the mean were still 0.04), then the probability for the NRC's interval would be 87%.

Of course, we do not know much about the distribution of BrAC in the group that the officer stops. As indicated above, this distribution would depend on the drinking habits of drivers in the town and the officer's skill in pulling over drunken drivers. The choice of a normal distribution with the parameters mentioned above is not likely to be realistic. But whatever the distribution may be, it, along with the single measured value, bears on the true value of the tested driver's BrAC. This fact makes it tricky to quantify the probability that the NRC's CI includes the driver's BrAC.

* * *

The NRC Report was certainly correct to call on forensic scientists to develop better measures of the uncertainty in their findings and to apply them in their reports and testimony. But figuring out what these measures should be and how to use them is a formidable challenge. Meeting this challenge will be a lot harder than the simple example of a confidence interval in the report might suggest.

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