CBS The Case of: JonBenét Ramsey Jim Clemente James Fitzgerald Laura Richards Stan Burke

CBS The Case of: JonBenét Ramsey

featured the following profilers as "experts"

Jim Clemente

Jim Clemente: Former New York City prosecutor, retired FBI supervisory special agent, and profiler



James Fitzgerald

James Fitzgerald: Retired FBI supervisory special agent and forensic linguistic profiler



Laura Richards

Laura Richards: Former New Scotland Yard criminal behavioral analyst



Stan Burke

Stan Burke: Retired FBI supervisory special agent and statement analyst



sounds impressive, until you sit down and actually learn that FBI profilers are not experts.

daubert describes what an expert witness actually is and does

In Daubert, seven members of the Court agreed on the following guidelines for admitting scientific expert testimony:

   Judge is gatekeeper: Under Rule 702, the task of "gatekeeping", or assuring that scientific expert testimony truly proceeds from "scientific knowledge", rests on the trial judge.
   Relevance and reliability: This requires the trial judge to ensure that the expert's testimony is "relevant to the task at hand" and that it rests "on a reliable foundation". Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 584-587. Concerns about expert testimony cannot be simply referred to the jury as a question of weight. Furthermore, the admissibility of expert testimony is governed by Rule 104(a), not Rule 104(b); thus, the Judge must find it more likely than not that the expert's methods are reliable and reliably applied to the facts at hand.
   Scientific knowledge = scientific method/methodology: A conclusion will qualify as scientific knowledge if the proponent can demonstrate that it is the product of sound "scientific methodology" derived from the scientific method.[3]
   Factors relevant: The Court defined "scientific methodology" as the process of formulating hypotheses and then conducting experiments to prove or falsify the hypothesis, and provided a nondispositive, nonexclusive, "flexible" set of "general observations" (i.e. not a "test")[4] that it considered relevant for establishing the "validity" of scientific testimony:

       Empirical testing: whether the theory or technique is falsifiable, refutable, and/or testable.
       Whether it has been subjected to peer review and publication.
       The known or potential error rate.
       The existence and maintenance of standards and controls concerning its operation.
       The degree to which the theory and technique is generally accepted by a relevant scientific community.

In 2000, Rule 702 was amended in an attempt to codify and structure elements embodied in the "Daubert trilogy." The rule then read as follows:

   Rule 702. Testimony by Experts


   If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
   (As amended Apr. 17, 2000, eff. Dec. 1, 2000.)

so where does that leave profilers hired by CBS  Jim Clemente James Fitzgerald Laura Richards Stan Burke

Profiling is currently practiced by a large number of professionals (and paraprofessionals), in a variety of occupations and, as such, currently lacks standardization or uniformity of practice.

There are a significant number of ethical issues raised by the lack of professionalization of profiling. There are no specific educational or training requirements in order to label oneself a profiler. The lack of educational or training requirements also means that there are no minimum standards for the measurement of competency; the lack of competency standards leads to an inability to either discipline or sanction practitioners who are irresponsible or incompetent. There is no juried or peer-reviewed system of practice measurement, there is no agreement as to what the process of creating a profile entails, nor what one should contain, and there is no agreed upon methodology for the conduction of the profiling process. That means, there is no scientific basis upon which profiling rests, as it cannot be subject to analysis and its process cannot, therefore, be replicable. In terms of the actual outcome of the practice of profiling, there are ethical difficulties associated with the use of personality and psychological theories as a means of directing the outcome of a criminal investigation. Profiling has been portrayed by the media as a romantic or heroic profession, possibly resulting in an inaccurate perception of the life and role of a profiler. As a result, the field may attract individuals who are poorly suited to competent practice. When not credibly accomplished, profiling can cause serious harm or impose delays in the actual solution of a case by suggesting inappropriate directions of investigation. The pursuit of suspects who fit a typology suggested by the profiler that is very different than that of the actual perpetrator could also result in the implication or arrest of innocent parties. Finally, there are no official ethical standards for the practice of profiling.

from Profiling, Ethical Issues
World of Forensic Science | 2005 | 700+ words
http://www.encyclopedia.com/doc/1G2-3448300464.html

To sum it up, profilers are not expert witnesses. They are not trained. anyone can be a profiler. there are no scientific standards involved in profiling. i'm a profiler and you are one to.


CBS featured these individuals as Jim Clemente James Fitzgerald Laura Richards Stan Burke as expert witnesses and two detectives in James Kolar and Steve Thomas, plus interviews with police officer off the street.

through out the CBS documentary as I listen to Jim Clemente and Laura Richards, for example, listening to the inaudible 911 tape recording claiming as evidence that Patsy and John lied and heard their voices on the tape. them interviewing  a police officer asking if there was any concern for a killer on the street, it's clear they are in violation of th

is

ETHICS AND THE PROFILER PROFESSION
There have been fiction books, movies and television shows showing the fascinating world of the criminal profiler. The Red Dragon by Thomas Harris certainly grabs one's attention. The depictions in those various efforts are fiction, however, and we must always remember that. The real world of the criminal profiler is much less entertaining and more subject to real world scrutiny. There have been efforts to professionalize criminal profiling but little has come of it as yet. Turvey (1999) touts the organization he helped found in 1999 -- The Academy of Behavioral Profiling. Some of its goals include standardized training requirements and a code of conduct or set of ethical guidelines. Improper profiling can have the bad effects of:

  Delaying the apprehension of an offender by providing false leads.
  Delaying the apprehension of an offender by pointing to false suspects.
  Delaying the apprehension of an offender by excluding viable suspects.
  Harming the personal life of a citizen by an implication of guilt based solely on the characteristics of a profile. (Turvey 1999: 717-Cool

The ethical guidelines of the Academy of Behavioral Profiling are:

  Maintain an attitude of professionalism and integrity.
  Conduct all research in a generally accepted scientific manner.
  Assign appropriate credit for the ideas of others that are used.
  Treat all information (not in the public domain) from a client or agency in a confidential manner, unless specific permission to disseminate information is obtained.
  Maintain an attitude of independence and impartiality in order to ensure an unbiased analysis and interpretation of the evidence.
  Strive to avoid preconceived ideas or biases regarding potential suspects or offenders from influencing a final profile or crime analysis when appropriate.
  Render opinions and conclusions strictly in accordance with the evidence in the case.
  Not exaggerate, embellish, or otherwise misrepresent qualifications when testifying, or at any other time, in any form.
  Testify in an honest, straightforward manner and refuse to extend their opinion beyond their field of competence, phrasing testimony in a manner intended to avoid misinterpretation of their opinion.
  Not use a profile or crime analysis (the inference of Offender or Crime Scene Characteristics) for the purposes of suggesting the guilt or innocence of a particular individual for a particular crime.
  Make efforts to inform the court of the nature and implications of pertinent evidence if reasonably assured that this information will not be disclosed in court.
  Maintain the quality and standards of the professional community by reporting unethical conduct to the appropriate authorities or professional organizations. (Turvey 1999: 722)

Brent Turvey is source for this, but the web page itself has disappeared.

fraud James Fitzgerald claim the author of ransom note spoke English as first language, was educated and was a woman and lo and behold Patsy spoke English as a first language, was educated, and was a woman so she wrote it.

fraud Stan Burke, for which statement analysis has no scientific bearing, claims the ransom note could have been written in just 3-4 lines, since it is long therefore the Ramsey's wrote it.

these two forensic frauds are in violation of

  Not use a profile or crime analysis (the inference of Offender or Crime Scene Characteristics) for the purposes of suggesting the guilt or innocence of a particular individual for a particular crime.

as well as

Not exaggerate, embellish, or otherwise misrepresent qualifications when testifying, or at any other time, in any form.

profilers Jim Clemente and Laura Richards claim of the 911 call is widely known to be plagiarized from an earlier "analysis" that claims John and Patsy's voice are on that call, and not, say auditory paradolia

violates

  Assign appropriate credit for the ideas of others that are used.

Jim Clemente and Laura Richards along with Fitzgerald and Burke claims that the ransom note could have been written with fewer words therefore the Ramsey's wrote it violates

  Conduct all research in a generally accepted scientific manner.

  Not use a profile or crime analysis (the inference of Offender or Crime Scene Characteristics) for the purposes of suggesting the guilt or innocence of a particular individual for a particular crime.

as profilers Jim Clemente and Laura Richards along with Fitzgerald and Burke are not members of any professional society with professional code of ethics and standards for training and education.

these indviduals along with Spitz and Lee have violated these

Finally, Turvey (1999) presents some revealing definitions in reference to certain unethical conduct by criminal profilers, as follows:

Conformtainment -- Conformtainment is providing reassuring, if incorrect, opinions and commentary to the public through media programs designed to entertain more than they are designed to provide accurate information.

Murdertainment -- Murdertainment is providing sensational coverage of incidents involving death and violence through media programs designed to entertain more than they are designed to provide accurate information.

Forensic Fraud -- Forensic fraud occurs when experts provide sworn testimony, opinions, or reports bound for court that contain deceptive or misleading findings, opinions, or conclusions, deliberately offered in order to secure an unfair or unlawful gain.

Dissemblers -- Dissemblers are forensic frauds that exaggerate, embellish, lie about, or otherwise misrepresent their actual findings.

Simulators -- Simulators are forensic frauds that physically manipulate physical evidence or related forensic testing.

Pseudo-experts -- Pseudo-experts are forensic frauds who fabricate or misrepresent expert credentials such as college diplomas, expert certifications, professional affiliations, or case-related experience.

Perjury -- Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any sworn statements in writing. A criminal act, it is not sufficient that the statement be false to be considered perjury; it must be regarding a material fact - a fact that is relevant to the situation. Consequently, not all lies under oath are considered perjury.

CBS documentary is clearly

Murdertainment -- Murdertainment is providing sensational coverage of incidents involving death and violence through media programs designed to entertain more than they are designed to provide accurate information.

one example is when Jim Clemente and Laura Richards interviewed a uniform police officer off the streets if there was any fear of an intruder child killer running around and she replied no there wasn't.

what does an officer off the streets opinion have any bearing on the crime scene?

James Fitzgerald and Stan Burke representing themselves as forensic linguists is clear example of

Pseudo-experts -- Pseudo-experts are forensic frauds who fabricate or misrepresent expert credentials such as college diplomas, expert certifications, professional affiliations, or case-related experience

.

there's no scientific basis for statement analysis. James Fitzgerald claims the ransom note was written by a woman and Patsy is a woman. there is no reliable research in determining gender based on written text.

the profilers concluded that Burke struck Jonbenet in the head first, then everything that followed was staging. this is in contradiction to genuine medical experts who concluded the strangulation came first then the headblow

therefore they violate

Forensic Fraud -- Forensic fraud occurs when experts provide sworn testimony, opinions, or reports bound for court that contain deceptive or misleading findings, opinions, or conclusions, deliberately offered in order to secure an unfair or unlawful gain.

lastly they concluded there was no intruder, it was Burke

they clearly violate

Delaying the apprehension of an offender by providing false leads.
Delaying the apprehension of an offender by pointing to false suspects.
Delaying the apprehension of an offender by excluding viable suspects.
Harming the personal life of a citizen by an implication of guilt based solely on the characteristics of a profile. (Turvey 1999: 717-Cool

hopefully burke can successfully sue CBS for mega bucks $$ and then sue everyone from tricia griffith to david hughes to andrew hodges. perhaps laws can be passed such as the patsy ramsey andrew hodges laws, that prevents an MD a psychiatrist in andrew hodges from publishing a book - mother gone bad - as a psychiatrist, harming a person who was never his patient.