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Annual Inspections Done Without Reference to Manufacturer's Specifications
This is a sample cross-examination of an Ontario CFS scientist on the procedure used to perform an initial factory calibration (or a...
Stephen Biss
May 16, 20188 min read
14 views
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Change at One Point but Not at Another Point that is Equivalent
This is a sample excerpt from a cross-examination of a Crown expert using data from periodic inspection of an approved instrument. The...
Stephen Biss
Apr 13, 20185 min read
3 views
0 comments


Start By Defining "Reliability" don't focus on "Accuracy"
Purpose: To remind the Court, "thing 1" in 258(1)(c) is unconstitutional under Charter 11(d) (R v St-Onge) but is saved by section 1. To...
Stephen Biss
Apr 6, 20186 min read
14 views
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Response Drifts Over Time
In an article relied upon by the SCC in St. Onge, Brian Hodgson stated: Defence lawyers need to educate themselves about the meanings of...
Stephen Biss
Mar 23, 20183 min read
11 views
0 comments


How to Calibrate - Teach an AI - Build the Inverse Logarithmic Calibration Curve
Purpose: To educate the Court about the Analytical Theory of the 8000C Optical Bench including Emitter, Sample Chamber, Dual Detectors,...
Stephen Biss
Feb 28, 20183 min read
22 views
0 comments


Uncertainty of Measurement for Lawyers and Judges
Lawyers and Judges need to get past their deep-seated fear of uncertainty. If we are to promote the use of good science, in Court, we, as...
Stephen Biss
Feb 4, 20185 min read
21 views
0 comments
Periodic Inspection Must Be Done Under Stable Lab Conditions
Purpose: To challenge the CFS expert's position that inconvenient data should be excluded for the purpose of calculating precision. To...
Stephen Biss
Feb 1, 20181 min read
5 views
0 comments


Police Services Use Control Test Data Outside MPE to Calculate Precision
Purpose: To obtain an acknowledgement from a CFS scientist that even though he would exclude data outside (the Maximum Permissible Error...
Stephen Biss
Jan 31, 20185 min read
16 views
0 comments


Ignoring Inconvenient Data in Calculation of Precision
Purposes of this cross-examination: To challenge the opinion that data outside maximum permissible error (outside +/- 10 mg%) should be...
Stephen Biss
Jan 30, 20185 min read
6 views
0 comments


Defence Methodology Calculating Precision in the Field
Purpose: To establish a better methodology for calculating precision of an approved instrument in service. To apply CFS methodology using...
Stephen Biss
Jan 29, 20186 min read
3 views
0 comments


Precision Testing Using Only 2 Data Points is Inadequate to Calculate Precision
Purpose: To elicit evidence to the Court as to the inadequacy of calculation of the instrument's precision by the local police service,...
Stephen Biss
Jan 28, 20185 min read
5 views
0 comments


Government Scientists Calculate Uncertainty of Measurement - Why Can't We?
Purpose: To obtain admissions about the use of historical control test data by the Centre of Forensic Sciences in Toronto to calculate...
Stephen Biss
Jan 27, 20189 min read
12 views
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Checking Analytical Variability and Accuracy of the Instrument? Where?
Purpose: To explore the lack of a lab setting when accuracy and precision of the instrument are checked on periodic or annual inspection....
Stephen Biss
Jan 24, 20184 min read
23 views
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Distorted Concept of "Accuracy", "Precision", and "Reliability"
Purpose: To remind the Court of the concept of "reliability" used by the SCC in St-Onge. To educate the Court as to the definitions of...
Stephen Biss
Jan 22, 20186 min read
6 views
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Attempt to Distinguish from Jackson and Vallentgoed
Purpose: To support argument that the Maintenance History shows that the instrument was taken "out of service", for "consistently low...
Stephen Biss
Jan 21, 20181 min read
8 views
0 comments


No Sampling of Aging Instruments in the Field
Purpose: To suggest that ATC/CFS scientists cannot provide any scientific opinion of the reliability of aging instruments out in the...
Stephen Biss
Jan 19, 20185 min read
7 views
0 comments


Manipulating Control Test Data to Enhance Precision
Purpose: To neutralize the government scientist's assertion that anomalous data should be excluded from calculation of precision. To...
Stephen Biss
Jan 15, 20186 min read
8 views
0 comments


Error Rates and Drift in Precision
Purpose: To establish that the ATC/CFS is not sampling from aging instruments out in the field to determine error rates To establish that...
Stephen Biss
Jan 14, 20187 min read
7 views
0 comments
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