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How to Impeach Deviations from the Standards of Evidence

This CLE program provides an overview of common deviations from accepted scientific standards across multiple forensic disciplines, with a focus on how these deviations can be identified and challenged in court. Viewers will gain insight into how law enforcement agencies, forensic examiners, and medical professionals sometimes depart from protocols in areas such as toxicology, sexual assault exams, DNA collection, and child abuse investigations. The presentation emphasizes the importance of recognizing and exploiting these departures to create reasonable doubt or suppress unreliable testimony.

 

The speaker breaks down real-world examples of flawed evidence handling—such as improper storage of biological samples, poor documentation of injury, and subjective interpretation of forensic markers. The program outlines how protocols like SANE guidelines, chain of custody procedures, and lab quality assurance standards can be overlooked or inconsistently applied, leading to serious evidentiary weaknesses.

 

Criminal defense attorneys will benefit from specific strategies to identify when an investigation or forensic report has strayed from best practices, and how to effectively incorporate those findings into cross-examination, motions, and expert consultation. By learning to spot these deviations, attorneys will be better equipped to discredit unsupported prosecution claims and highlight the unreliability of forensic conclusions presented as fact. 

 

Note: This program appears in more than one collection on NACDL MyCLE On-Demand. Before purchasing, please ensure that you do not already have access to this program.

Jennifer Johnson

Jennifer Johnson is a Board-Certified Advanced Practice Registered Nurse and a Board-Certified Advanced Forensic Nurse Practitioner, Board Certified Forensic Nurse Examiner, and Board-Certified Sexual Assault Nurse Examiner for pediatrics, adults and adolescents. She earned her associate degree in nursing from Fort Scott College in 1996. She earned a bachelor’s degree in nursing from Pittsburg State University in 1998, master’s degree from the University of Missouri-Kansas City in 2002 and earned her Doctorate in Nursing Practice from Maryville University in St. Louis in 2017. Previously, she developed and directed a comprehensive forensic program in the Midwest. She is the President and Owner of Johnson Legal Nurse Consulting, LLC, and a professor at the University of Tennessee and Maryville University. Over the last 20 years, Jennifer has continued to advance forensic nursing through publication of forensic related topics and educating law enforcement, attorneys and health care providers on the importance of the medical forensic examination and the role of the forensic nurse examiner. She is an appointed member of several professional and governmental organizations related to forensic nursing, including the National Institute of Standards and Technology/National Institute of Justice Evidence Management Project, and a Co-Founder of the Academy of Forensic Nursing.

CLE State Accreditation
  • General 1.00
  • General CLE-HI: 1.00
  • General CLE-SD: 1.00
  • General CLE-NY: 1.20
  • General CLE-CA: 1.00
  • General CLE-IL: 1.00
  • General CLE-AK: 1.00
  • General CLE-MD: 1.00
  • General CLE-VT: 1.00
  • General CLE-MA: 1.00
  • General CLE-DC: 1.00
  • General CLE-ND: 1.00
  • General CLE-OR: 1.00
  • General CLE-WA: 1.00
  • General CLE-CT: 1.00
  • General CLE-NH: 1.00
  • General CLE-FL: 1.20
  • General CLE-VI: 1.00
  • General CLE-AZ: 1.00
CLE State Accreditation:
  • General 1.00
  • General CLE-HI: 1.00
  • General CLE-SD: 1.00
  • General CLE-NY: 1.20
  • General CLE-CA: 1.00
  • General CLE-IL: 1.00
  • General CLE-AK: 1.00
  • General CLE-MD: 1.00
  • General CLE-VT: 1.00
  • General CLE-MA: 1.00
  • General CLE-DC: 1.00
  • General CLE-ND: 1.00
  • General CLE-OR: 1.00
  • General CLE-WA: 1.00
  • General CLE-CT: 1.00
  • General CLE-NH: 1.00
  • General CLE-FL: 1.20
  • General CLE-VI: 1.00
  • General CLE-AZ: 1.00