SCRAM:Possible Remedy For The Daubert Issues

ll the devices used to detect alcohol that I have found are non-specific,meaning that they detect other chemicals with similar properties. Ethnic skin differences,foods converting to alcohol inside the body, the rate of diffusion through skin,the amount of eccrine sweating, and blood flow in the skin are all just possibilities of yet to be discovered or proven issues with SCRAM. AMS has to be aware of the outside influences or they would not insist a probationer sign an agreement to avoid the use or possession of products that contain alcohol,such as household cleaners,disinfectants and hygeine products.In the previous posts,they seem to agree that the device is not partial to just ethanol.False positives and other false allegations wouldn't occur if they used SCRAM for what it actually is,a monitor.Everyone has at least heard of a baby monitor,the parents while in another room can hear an infant cry and give immediate attention.The monitor does not explain if the infant is crying due to,hunger,gas,or diaper change,it is up to the parent to determine and remedy.The map is not the territory,simple semantics and the same principle should apply to SCRAM.If the burden of proof were actually on the prosecution they might already have a more constructive procedure including some of the following:
First,there is the way an alleged offender is notified.A letter from the court or probation department arrives in 4 to 5 days,informing the probationer of his/her offense.In my effort to prove my innocents I found that toxicologists can detect metabolites for 4 days.If the person was notified immediately,he/she has to have a phone line for SCRAM,they might be able to provide a reliable defense,it may be costly but it is better than suffering senseless consequences.If there isn't a qualified toxicologist in the area to conduct the procedure there is always....................................
Second,the courts and probation departments should favor,a police dispatch.My "confirmed alcohol consumption" and "confirmed obstruction" went on through my download time.A policeman on the scene means a BrAC,which even though PBT's are not infallible,I feel are much more reliable than SCRAM.The officer will also have a visual of the suspect and their dwelling,the terms of probation also include the possession of beverages that contain alcohol.Plus you never know what kind of delinquent activities a probationer may be involved in.
And third,immediate contact.Example:A probationer is obstructing for an hour and a half and up to his/her download,should be an alert to operators,a simple phone call could determine any delinquency.Mr. Doe,you have been obstructing for the last hour and a half,please unobstruct the bracelet and wake it up (they issue magnets to wearers to start a communication between the bracelet and the modem) so we can update your information.Failure to comply would be considered the same as refusing to take a breath test,then notify the court and/or a police dispatch.
I am not entirely familiar with the different operating procedures so these alternatives are simply suggestions to not only protect the innocent,but convict the guilty as well.The change in procedure may not apply to all situations,but may reduce some of the Daubert issues encountered by scientific technology,especially in its infancy.

Johanna Golden, probation officer for the Troy district court, noted the device has some quirks."You have to be careful about drinking things like mouthwash and cough medicine. Recently, the device registered a problem, but the defendant had been painting. It's really sensitive. We're learning as we go along." October 4,2004 The Daily Oakland Press.

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