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Accused murderer wins right to check source code of DNA testing kit

theregister.com

331–340 of 520 posts

Re: Accused murderer wins right to check source code of DNA testing kit

#331
post #223

Earlier quoted context omitted.

>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 poin…

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.

>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.

Re: Accused murderer wins right to check source code of DNA testing kit

#332
post #93

> 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? 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 convictio…

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.

Re: Accused murderer wins right to check source code of DNA testing kit

#333
post #93

> 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.…

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.

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.

Re: Accused murderer wins right to check source code of DNA testing kit

#334
post #331
post #223

Earlier quoted context omitted.

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.

>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.

I think you are wrong and that most prosecutors want to do the right thing, like most working people

Re: Accused murderer wins right to check source code of DNA testing kit

#335
post #223

Earlier quoted context omitted.

>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 poin…

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.

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.

Re: Accused murderer wins right to check source code of DNA testing kit

#336

Earlier quoted context omitted.

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.

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.

No. You give a reasonable amount of time. What if he asked for 100 years?

Re: Accused murderer wins right to check source code of DNA testing kit

#337
post #194

Earlier quoted context omitted.

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.

> I'd get an expert witness in there to testify basically that. Sounds really expensive.

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.

Re: Accused murderer wins right to check source code of DNA testing kit

#339

Earlier quoted context omitted.

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 al…

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 vuln…

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.”

Re: Accused murderer wins right to check source code of DNA testing kit

#340
post #331
post #223

Earlier quoted context omitted.

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.

>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.

I often hear this, who is rewarding them for high conviction rate.
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