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J Forensic Sci, 2020

doi: 10.1111/1556-4029.14490
PAPER Available online at: onlinelibrary.wiley.com

GENERAL

Kevin J. Strom,1 Ph.D.; Joshua A. Hendrix,1 Ph.D.; William J. Parish,1 Ph.D.; Patricia A. Melton,1 Ph.D.;
and Hannah Feeney,1 Ph.D.

Estimating Crime Laboratory Efficiency in the


Testing of Sexual Assault Kits*,†

ABSTRACT: Over the past decade, the large numbers of untested sexual assault kits (SAKs) have been highlighted as a systematic problem
that jeopardizes or delays justice for victims. Considering the benefits of testing SAKs, researchers have worked to shed light on why sexual
assault evidence has not been effectively submitted to and processed by crime laboratories. Missing from this discourse has been an understand-
ing of the types of practices or qualities that encourage efficiency in the testing of SAKs in crime laboratories. We analyzed results of a
national survey administered to all publicly funded state and local crime laboratories (N = 132 respondents) to provide critical information
about (i) the extent to which laboratories are testing all of the SAKs possible given the resources they have available; and (ii) the impact that
staffing, equipment, policies, and other practices have on SAK testing efficiency. We find that the average laboratory tests only about 69% of
the SAKs possible given the resources available to them. However, although technical inefficiencies explain a large proportion of the number
of untested SAKs, the accumulation of untested SAKs must also be attributed to laboratories having insufficient resources (e.g., too few foren-
sic analysts). Moreover, results from stochastic frontier models show that doubling the number of forensic analysts in the typical laboratory
would allow them to expand their SAK testing capacity by nearly 50%. Implications of these findings are discussed as they relate to the priori-
tization of resources for crime laboratories, which often operate under strict budgetary realities.

KEYWORDS: sexual assault, sexual assault kits, rape kits, SAK backlog, forensic analysis, crime laboratories

The struggles of many jurisdictions in tracking, submitting, exist at the national level, it has been speculated that at any
and testing their sexual assault kits (SAKs) have been widely given time there are at least several hundred thousand, which are
acknowledged in the past decade (1–11). The accumulation of collectively known as the “rape kit backlog” (14).
SAKs in police evidence property rooms (“unsubmitted SAKs,” The second component, the accumulation of untested SAKs,
those never submitted to a crime laboratory for testing) and in pertains to SAKs submitted to a crime laboratory for testing but
crime laboratories (“untested SAKs,” those submitted to a crime that are never actually analyzed (or their analysis is significantly
laboratory but that have not been tested) can be understood lar- delayed) (14). As public knowledge of the importance of submit-
gely as a function of one of two persistent bottlenecks in the ting and testing SAKs becomes more mainstream, researchers
criminal justice system (9,12,13). First, some SAKs are entered have produced a substantial body of knowledge to explain why
into evidence by a law enforcement agency but for varied and some SAKs are either never subjected to forensic analysis in a
sometimes complex reasons, they are not submitted to a labora- crime laboratory or they undergo testing delays. To date, most
tory for forensic testing. Most infamously, in 2002 more than studies have focused on factors that explain why some SAKs are
13,000 unsubmitted SAKs were discovered in Los Angeles never submitted to a crime laboratory by the law enforcement
County. In 2009, 11,000 kits were found in a police storage agency and remain in evidence storage. Less attention has been
facility in Detroit. Tragically, almost three-quarters of unsubmit- given to understanding the accumulation of untested SAKs in
ted SAKs in Detroit were placed into storage partially because crime laboratories. Moreover, other than a handful of process
investigators did not believe the assaults constituted “real rape” studies conducted within a single laboratory, research has said
or because the victim was believed to be responsible for the little about the qualities and practices that encourage laboratory
assault committed against them (2). Although researchers have efficiency when it comes to SAK testing. Accordingly, although
not precisely identified the number of unsubmitted SAKs that the last decade has seen tremendous growth in the amount of
federal funding available to crime laboratories for building their
DNA-testing capacities, there is limited empirical evidence that
1 demonstrates how such funds can be used effectively. Thus,
RTI International, 3040 East Cornwallis Road, P.O. Box 12194, Research
Triangle Park, NC, 27709. more research is needed to elaborate on the characteristics (e.g.,
Corresponding author: Joshua A. Hendrix, Ph.D. E-mail: jhendrix@rti.org number of analysts), practices (e.g., outsourcing of SAKs to pri-
*Presented at the 75th Annual Meeting of the American Society of Crimi- vate laboratories, or enhancing work flow processes with
nology, November 13-16, 2019, in San Francisco, CA. automation), and policies (e.g., SAK-only testing policies) that

Funding provided by the U.S. Department of Justice, Award No. 2013-
are most effective for increasing SAK testing efficiency. Further-
NE-BX-0006.
more, although it has been largely assumed that resource depri-
Received 4 Mar. 2020; and in revised form 27 May 2020; accepted 28
May 2020. vation is the foremost reason for persistent delays in testing

© 2020 American Academy of Forensic Sciences 1


2 JOURNAL OF FORENSIC SCIENCES

SAKs in crime laboratories, no study has investigated to what a range of case characteristics, if present, can undermine investi-
extent inefficiencies in the use of existing resources are also to gators’ perceptions that the survivor is a “real” victim or that
blame. testing the SAK would be beneficial, and in consequence these
We employ stochastic frontier modeling with a national sur- SAKs are less likely to be submitted for testing (see also Sleath
vey of state and local crime laboratories that conduct biological & Bull [27]). These include the victim admitting to being intoxi-
forensic analysis (N = 132 respondents) to assess how staffing, cated before the assault, a lack of obvious physical injuries as a
technology and equipment, evidence policies, and other practices result of the attack, and the victim bathing after the assault
contribute to the number of SAKs tested by crime laboratories. (1,2,6,11,22,28–32).
Although we recognize that there are multiple units housed with Less attention has been given to the accumulation of SAKs in
crime laboratories, our focus is specifically on the DNA unit and crime laboratories after being submitted by law enforcement
not on all other units within the laboratory such as firearms or agencies. One explanation for understanding the inability of
toxicology units. We also examine to what extent laboratories crime laboratories to process the overwhelming number of analy-
are testing the maximum number of SAKs possible, given their sis requests they receive relates to the extensive amount of time
level of input resources. Stochastic frontier models are also used it takes to process and analyze DNA forensic evidence (33,34).
to determine to what extent technical inefficiencies (i.e., the inef- Key advances in forensic science technology and practice in
ficient use of resources) contribute to untested SAKs. In addi- recent years have created an unprecedented demand for forensic
tion, we present descriptive statistics to showcase (i) the average testing, and many jurisdictions do not appear to have the staffing
number of SAKs processed and not processed by laboratories in or technological resources to keep up with this demand in a
a year’s time; (ii) the types of resources available to laboratories, timely manner (12,35–42). Inadequate funding for quality techni-
including the number of SAK analysts and equipment units; (iii) cians, high turnover rates among analysts because of demanding
the types of policies relating to incoming SAKs used by crime work conditions, and relatively low pay have also been
laboratories throughout the nation; and (iv) other basic features described as key factors that threaten an efficient system for pro-
of crime laboratories that have been underexplored in past cessing DNA requests (43).
research (e.g., the percentage of laboratories that belong to a To date, few studies have been conducted that can speak to
multi-laboratory system or that have a backlog reduction pro- what characteristics, practices, or policies of crime laboratories
gram). Our findings help build the knowledge base around iden- are associated with SAK testing efficiency. Instead, most
tifying practices and characteristics that produce the greatest research on crime laboratories and their abilities to test incoming
returns for increasing forensic laboratory testing capacities. SAKs are process studies that describe how a single agency used
federal funds to reduce their backlog. For example, some labora-
tories have implemented process improvement procedures,
Background
including Lean Six Sigma evaluations, moved to a paperless
Recent advancements in DNA processing technology and the analysis environment, and purchased new equipment to address
existence of the Combined DNA Index System (CODIS), a increases in DNA analysis requests (44). Similarly, King (45)
national DNA database, have provided strong arguments for described successes in the form of improved case completion
addressing the problem of unsubmitted and untested SAKs time and backlog reductions when the Wisconsin State Crime
(2,3,8). Particularly compelling evidence has been produced indi- Laboratory used federal funds to increase their use of robotics in
cating that testing previously shelved or stored SAKs (i.e., case analysis, increase their DNA analytical staff, outsource sex-
unsubmitted) can lead to numerous CODIS hits and may help ual assault cases to a private laboratory, and institute evidence
identify serial rapists, solve cold cases, or exonerate the wrongly submission guidelines. Campbell et al. (46) compared DNA
accused (3,15–18); but see Fallik & Wells (19). For example, extraction methods, deployed on previously unsubmitted SAKs,
more than 9000 CODIS hits have been generated from invento- to identify effective methods for obtaining a CODIS-eligible pro-
rying approximately 100,000 SAKs across 64 jurisdictions under file. The study also addressed personnel and supply cost compar-
the U.S. Department of Justice-funded Sexual Assault Kit Initia- isons associated with the different workflows. Although
tive (SAKI), which since 2015 has supported state and local valuable, these process studies are focused within a single
agencies in strengthening their multidisciplinary response to sex- agency, leaving us with limited understanding of the most
ual assault (see www.sakitta.org). However, as noted, many important labor and capital inputs across laboratories.
SAKs are not tested in a timely manner or tested at all. Valen- Why study SAK testing efficiency in crime laboratories? In
tine et al. (20) found that only 38% of eligible SAKs were sub- response to the nationwide upsurge in DNA requests, the
mitted for testing to the Utah state crime laboratory. Cantwell’s National Institute of Justice (NIJ) has devoted substantial fund-
(21) study of 17,115 cases of unknown-perpetrator sexual assault ing for increased laboratory capacity over the past several dec-
in Washington State found that only 24% of SAKs were submit- ades. Historically, NIJ has allocated a significant portion of
ted. Other studies have shown that fewer than 60% of SAKs funds to DNA laboratories to increase their capacity to process
were submitted for testing (6,22–25). more DNA samples and in turn reduce the number of samples in
Critically, Luminais, Lovell, and Flannery’s (26) process eval- queue for analysis. With this assistance, crime laboratories’
uation finds that factors related to both resource constraints and capacity to process DNA has seen considerable growth through
a culture of victim blaming are deeply intertwined and cannot be increased automation, the hiring of additional personnel, and
understood in isolation. Specifically, because of a pervasive flow enhanced testing methodology and protocols. Yet, the demand
of cases into the system, agencies are incentivized to dismiss as for DNA testing continues to exceed capacity of crime laborato-
many as possible to reduce their caseload and keep the sexual ries, causing significant testing delays (47). Thus, to use these
assault “conveyer belt” moving. Thus, finding reasons to classify capacity enhancement funds effectively, it is essential that we
a victim as noncredible, unaccountable, or in other ways under- build the knowledge base around what laboratory practices and
serving of a full investigation is an efficient apparatus for ensur- characteristics yield the greatest dividends for increasing testing
ing that caseloads remain manageable. Indeed, studies show that capacities. Without this information, it is possible that
STROM ET AL. . ESTIMATING CRIME LABORATORY EFFICIENCY 3

laboratories will devote funds to resources that have negligible state, county, or municipal) from our sample strongly resembled
or even counterproductive effects on testing capacity. those of the population. Our sample also strongly resembled the
population on other key measures such as the percentage that
are a part of a multi-laboratory system, average number of
Methods employees, and average budget expenditures.
Core survey questions asked respondents, typically the labora-
Study Overview and Research Questions
tory director or assistant director, to provide (i) the number of
This study derives from a mixed-methods project on SAK SAK DNA requests received during the previous calendar year;
processing funded by the NIJ. Objectives of that study included (ii) the number of SAK DNA requests completed during the pre-
understanding agency—and cross-agency—level factors that pro- vious calendar year; (iii) the number of SAK DNA requests
mote submitting and testing SAKs among a linked sample of waiting to be processed at the end of the previous year (defined
law enforcement agencies and the crime laboratories to which as SAKs not in the processing queue); and (iv) the number of
they submit biological evidence. Data collection, conducted in SAK DNA analysis requests that entered the system at the end
2014, included surveys administered to publicly funded forensic of the previous calendar year but had not been tested as of
crime laboratories at state, county, and municipal levels that con- 30 days into the new calendar year. We also measured and ana-
duct biological forensic analysis and to a sample of linked law lyzed the total number of unprocessed SAKs, defined as the sum
enforcement agencies. The project team also conducted site visits of SAKs waiting to be processed plus the number of SAKs in
in six jurisdictions, during which interviews and focus groups the processing queue for more than 30 days. This measure pro-
were conducted with (i) a law enforcement agency that submits vides a metric of how close laboratories are to meeting all pro-
SAKs to crime laboratories for testing; (ii) a crime laboratory cessing demands.
that receives and tests those SAKs submitted by the aforemen- The survey also collected information on the number of DNA
tioned law enforcement agency; and (iii) a prosecuting attorney analysts employed at each laboratory and the types and number
who works with the aforementioned agencies to seek convictions of DNA processing equipment each laboratory had. In addition
for sexual assault offenses. to facilitating an analysis of the impact of these key input
In this article, we focus our analysis on survey data collected resources on the number of SAKs tested, these measures also
from 132 crime laboratories. We ground our analyses of these serve as important proxies for laboratory size, a key concept
data within a structural contingency framework, which posits under structural contingency theory. Other measures of labora-
that organizations pivot and adapt their approaches and technolo- tory size, such as number of full-time employees, were excluded
gies to remain effective even during challenging periods (see from our analysis because of their collinearity with the number
[48,49] for modern applications). This theory suggests that orga- of analysts measure (a correlation coefficient of 0.823). We used
nizations consistently search for more efficient processes to data on the average number of SAKs processed per DNA analyst
accommodate their environment and circumstances, and thus, the and total number of SAKs processed to calculate a measure of
current study seeks to understand the ways in which crime labo- the number of full-time equivalent analysts used to process SAK
ratories modify practice (or otherwise) to meet the demand evidence. We used data on the types and number of DNA pro-
required from previously unsubmitted SAKs. Our primary cessing equipment to identify the number of “complete equip-
research questions are as follows: (i) How productive are labora- ment sets,” defined as the number of unique sets of thermal
tory analysts, equipment units and technologies (e.g., robotics), cyclers, quantitative polymerase chain reaction (PCR) thermal
policies (e.g., case acceptance policies), and other characteristics cyclers, and electrophoresis detection systems or genetic analyz-
(e.g., being a part of a multi-laboratory system) for laboratory’s ers. We also identified whether laboratories were using robotic
abilities to test SAKs? (ii) Are there technical inefficiencies that systems for DNA extraction or amplification, which we con-
contribute to the accumulation of untested SAKs in crime labora- trolled for separately.
tories? (iii) To what extent are accumulations of untested SAKs Finally, we collected information on practices that might theo-
driven by such inefficiencies? And (iv) to what extent are accu- retically have an impact on improving laboratory processing effi-
mulations of untested SAKs driven by a lack of resources (e.g., ciency. These included responses on whether a laboratory was
too few staff)? part of a multi-laboratory system, the presence of a defined SAK
backlog reduction program, whether the laboratory had a case
manager and/or supervisor on staff (i.e., a staff member who is
Sample and Key Measures
responsible for the disposition of cases, including assigning
Our data collection strategy began with a national survey of cases to analysts or tracking the completion of cases), whether
all state and local crime laboratories that conduct biological any portion of the received SAKs were outsourced, and the
forensic analysis. All laboratories that conduct biological foren- types of DNA receiving and processing policies in place at the
sic analysis (N = 222) in the Bureau of Justice Statistics’ Census laboratory. Each of these variables represents a laboratory’s
of Publicly Funded Forensic Crime Laboratories were contacted, attempt to adapt to the challenge of previously submitted SAKs,
and 67% of them (N = 147) responded to the survey. Fifteen and we sought to understand whether these efforts were effective
laboratories were dropped from analysis because they provided (50). Respondents were also asked to indicate whether their lab-
an insufficient level of information on key items (N = 132). A oratory had any of several policies in place (whether formal or
comparison of our final sample with the population of labora- informal in nature). The purpose of including policy indicators
tories that conduct biological forensic analysis indicated some was to explore whether any policies either increase or inhibit the
minimal bias in our sample. For example, our sample over- testing of SAKs so that we can make recommendations regard-
represented laboratories from the South (51% of our sample ing which policies laboratories should implement versus which
compared with 36% of the population), underrepresented labora- ones to remove for having a negative impact on SAK testing.
tories from the Midwest (15% of our sample compared with These included policies related to case acceptance, removal of
27% of the population), but laboratory type proportions (i.e., cases that will not be prosecuted, evidence acceptance, evidence
4 JOURNAL OF FORENSIC SCIENCES

prioritization, evidence retention, case-item restriction, 100% capacity (i.e., with efficiency scores of one). In the second
analysis, 100% testing of all items, analysis of only the most postestimation analysis, we used our estimates of resource pro-
probative evidence, SAK-only analysis, prescreening for male ductivity and a simple economic production model to identify an
DNA, allowing for cancellations, obtaining first a consensual optimal ratio of analysts to equipment sets. This optimal ratio of
partner’s standard, a no-suspect policy, or some other policy we analysts to equipment sets describes the least-cost approach to
did not mention. Ultimately, although we investigated the effects scaling up crime laboratory capacity.
of all policies, our final stochastic frontier models included only We convert the measure of Technical Inefficiencies into an
six core policies related to case acceptance, case removal, analy- efficiency score, which is given by the following:
sis of only the most probative evidence, SAK-only analysis,
allowing cancellations, and obtaining a consensual partner’s stan- Efficiency ¼ ½ f ðProductive ResourcesÞ  Technical Inefficiencies=
dard. f ðProductive ResourcesÞ:

Analytical Approach Thus, efficiency measures the number of SAKs tested by each
crime laboratory as a proportion of their production frontier.
We employed stochastic frontier analysis (51) to measure the Using this measure, we make additional calculations to inform
capacity of crime laboratories to test SAKs and whether there (i) how many laboratories would still have a SAK backlog if it
are any inefficiencies that might lead to an accumulation of were possible to eliminate all Technical Inefficiencies, and (ii)
untested SAKs. This modeling approach is appropriate because among those laboratories that would still have a backlog in the
it accomplishes these goals simultaneously while also allowing absence of Technical Inefficiencies, what proportion of the back-
for post hoc analysis of the modeling results to understand to log could be eliminated if all Technical Inefficiencies were
what extent the accumulation of untested SAKs is driven by removed. Converting the evidence into these two metrics helps
technical inefficiencies as opposed to insufficient resources such inform the degree to which the accumulation of untested SAKs
as too few personnel. The model defines technical inefficiency is a result of technical inefficiency versus a general lack of
as the extent to which crime laboratories test fewer SAKs than resources (e.g., too few staff).
are possible given their resources that support the process of
testing SAKs (e.g., number of analysts and presence of a case
manager or supervisor). Results
Stochastic frontier analysis can be conceptualized as a two- Table 1 presents descriptive statistics of crime laboratories.
step approach. In the first step, we estimate resource productivity On average, they processed 295 SAKs in the previous year and
(e.g., how many SAKs one analyst can process) and then use had 254 unprocessed SAKs in their possession. All but eight
this information to identify a production frontier. The production laboratories (94%) reported at least one unprocessed SAK in
frontier is defined as the maximum number of SAKs a labora- their custody. Laboratories employed an average of eight foren-
tory could process given the productive resources it has avail- sic analysts and had fewer than two complete equipment units.
able. In the second step, we assess whether laboratories are Most laboratories had robotic systems for DNA extraction or
systematically processing fewer SAKs than implied by their pro- amplification but fewer than half had robotic systems for both
duction frontier. Specifically, we calculate an efficiency score DNA extraction and amplification. Descriptive statistics also
for each laboratory, which represents the number of SAKs pro- show that about one-third of laboratories (35%) belong to a lar-
cessed relative to the maximum number of SAKs that could ger multi-laboratory system, about one-sixth outsource some of
have been processed given the number of analysts and equip- their SAKs to a private laboratory, and half have a case manager
ment available. This score indicates how near to productive or case supervisor. About 40% of laboratories have a backlog
capacity laboratories are operating, with efficiency scores of 1 reduction program in place.
indicating they are processing as many SAKs as possible and The most commonly used policies among our sample relate to
scores below 1 indicating they are processing fewer SAKs than evidence retention (88%), evidence prioritization (83%), obtain-
possible. ing a consensual partner’s standard (82%), allowing cancellation
A generic stochastic frontier specification is presented below: requests (79%), evidence acceptance (76%), case acceptance
(70%), analyzing only the most probative evidence (63%), and
Number of SAKs tested ¼ f ðProductive ResourcesÞ case-item restriction (54%). Fewer than half of respondents
Technical Inefficiencies þ Error, reported that their laboratory had policies related to 100% analy-
sis (40%), prescreening for male DNA (37%), removing cases
where f( ) denotes a generic functional form. We use a Translog that will not be prosecuted (35%), a no-suspect policy (31%), a
specification, a flexible specification that accommodates nonlin- test-all-items policy (23%), and a SAK-only analysis policy
earities in the relationship between productive resources (e.g., (22%). Sixteen percent reported they had some other policy in
number of analysts) and the number of SAKs tested. The func- place that we did not mention.
tional f(Productive Resources) represents the production frontier Table 2 presents results from stochastic frontier analysis. In
—or the maximum number of SAKs that could be tested—and Model I, we enter only productive inputs (e.g., number of foren-
the Technical Inefficiencies parameter measures the extent to sic analysts, equipment) and other key laboratory characteristics
which laboratories test fewer SAKs than possible. The model (i.e., part of a multi-laboratory system; presence of a case man-
also includes a standard statistical error term (Error). ager and/or case supervisor; outsourcing SAK testing). Model I
After estimating the parameters in our stochastic frontier mod- also includes two dummy variables measuring the number of
els, we also carried out two postestimation analyses. In the first SAK laboratories received in the previous year to control for the
postestimation analysis, we explored whether laboratories could overall volume of cases they manage annually. To create these
meet all processing demands if they operated at their productive variables, we calculated terciles from responses to the item that
STROM ET AL. . ESTIMATING CRIME LABORATORY EFFICIENCY 5

TABLE 1––Descriptive statistics for laboratories in the analysis sample TABLE 2––Stochastic frontier modeling results (N = 132).
(N = 132).
Measure Model 1 Model 2
Mean/ ‡
Measure % SD Min. Max. Number of SAK analysts (in logs) 0.49 (0.07) 0.49‡ (0.07)
Number of complete equipment units (in 0.13 (0.20) 0.30 (0.18)
Number of SAKs processed in 2013 294.83 403.28 5 1969 logs)
Total number of SAKs unprocessed as of 254.08 806.25 0 7100 Laboratory has any robotic systems −0.14 (0.23) 0.22 (0.22)
January 1, 2014 Laboratory is part of a multi-laboratory 0.13 (0.13) −0.03 (0.12)
At least one unprocessed SAK as of 94% system
January 1, 2014 Laboratory has a case manager or case 0.15 (0.12) 0.12 (0.11)
Number of SAK analysts* 7.92 8.31 0.2 36 supervisor
Number of complete equipment units† 1.55 0.81 1 5 Laboratory outsources any of their SAKs 0.03 (0.18) −0.36* (0.17)
Number of thermal cyclers 5.28 4.19 1 30 Number of SAKs received: middle tercile 1.07‡ (0.14) 0.93‡ (0.13)
Number of quantitative PCR thermal 1.98 1.25 1 8 Number of SAKs received: upper tercile 2.05‡ (0.18) 1.90‡ (0.15)
cyclers Laboratory has a case acceptance policy −0.34† (0.12)
Number of DNA analyzers 2.85 1.97 1 12 Laboratory has a policy to remove cases that −0.43† (0.13)
(electrophoresis/genetic) will not be prosecuted
Laboratory has robotic systems for 88% Laboratory has a policy to analyze only the 0.20 (0.14)
extraction most probative evidence
⋯has robotic systems for amplification 52% Laboratory has a SAK-only analysis policy 0.43† (0.13)
⋯has robotic systems for extraction and 49% Laboratory allows request cancellations 0.22 (0.13)
amplification Laboratory obtains a consensual partner’s −0.16 (0.15)
⋯is part of a multi-laboratory system 35% standard
⋯has a backlog reduction program 40% Technical efficiency 0.65‡ 0.69‡
⋯has a case acceptance policy 70% Standard deviation of technical efficiency (0.20) (0.18)
⋯has a policy to remove cases that will 35%
not be prosecuted SAK, sexual assault kit. Standard errors are in parentheses.
⋯has an evidence acceptance policy 76% *p < 0.05

⋯has an evidence prioritization policy 83% p < 0.01

⋯has an evidence retention policy 88% p < 0.001.
⋯has a case-item restriction policy 54%
⋯has a 100% analysis policy 40%
⋯has a policy to test all items 23% laboratory inputs. Specifically, expanding the analyst workforce
⋯has a policy to analyze only the most 63%
by 100% is associated with a 49% increase in the number of
probative evidence
⋯has a SAK-only analysis policy 22% SAKs that could be tested (p < 0.001). In other words, by dou-
⋯has a policy to prescreen for male 37% bling the workforce, the average laboratory could expand their
DNA capacity to test SAK requests by nearly half. Our models do not
⋯allows request cancellations 79% show any statistically significant effects for equipment indica-
⋯has a policy to first obtain a 82%
consensual partner’s standard tors. Stated otherwise, laboratories that have more complete
⋯has a no-suspect policy 31% equipment sets do not test more SAKs on average than laborato-
⋯has some other policy 16% ries with fewer equipment sets. Likewise, having a robotic sys-
Observations 132 tem is not associated with a higher number of processed SAKs.
SAKs, sexual assault kits. Being a part of a multi-laboratory system or having a case man-
*
Measure was calculated using crime laboratory’s report of the average ager/supervisor is also not statistically associated with the num-
number of SAKs processed per analyst over the calendar year 2013 and ber of tested SAKs. As expected, laboratories that receive a
crime laboratory’s report of the total number of SAKs processed over the larger number of SAKs also process a larger number than those
calendar year 2013. One laboratory’s calculated number of analysts was top-
coded at 36 (originally calculated as 1081). who receive fewer SAKs. We also find that laboratories that
† only analyze SAK evidence process 43% more SAKs than labo-
For all laboratories in this sample, this measure indicates the number
of complete sets of thermal cyclers, quantitative PCR thermal cyclers, and ratories that also analyze other types of evidence.
electrophoresis detection systems or genetic analyzers. For laboratories that Model II shows that several characteristics and policies are
use robotic systems for DNA extraction and/or amplifications, this measure
associated with a lower number of processed SAKs. These
also incorporates these equipment items in calculating the number of com-
plete sets. include (i) outsourcing SAKs, (ii) having a case acceptance
policy, and (iii) having a case removal policy. It is also impor-
tant that both models produced low efficiency scores. In partic-
asked how many SAKs were processed in the previous calendar ular, the average efficiency scores ranged between 0.65 and
year. Thirty-three percent of laboratories were assigned to the 0.69 (p < 0.001). These coefficients indicate that on average,
low tercile (the reference category) (mean number of SAKs pro- laboratories are only testing about 65%–69% of the SAKs pos-
cessed = 45), 35% were assigned to the middle tercile (mean sible given the resources available to them. However, there is a
number of SAKs processed = 144), and 32% were assigned to substantial amount of variation around these averages, as the
the upper tercile (mean number of SAKs processed = 728). standard deviation ranges between 0.18 and 0.20, which sug-
Model II adds a subset of the laboratory policy measures pre- gests that some laboratories are exceptionally inefficient in
sented in Model I. We could not include all policy measures using their resources whereas others are considerably more effi-
because doing so resulted in data that were too thinly sliced to cient. Because Model 2 is saturated with a high number of pre-
obtain reasonable inference from the statistical model. All coeffi- dictor variables, we also assessed several additional models in
cients in the models represent the impact of the model covariate which the laboratory policy indicators were entered one at a
on the number of SAKs tested in percentage terms. time. These models showed only slight variations in the esti-
Both models yielded statistically significant effects. For exam- mates and levels of statistical significance that are currently
ple, in both models we find that analysts are highly productive presented.
6 JOURNAL OF FORENSIC SCIENCES

Table 3 presents two postestimation calculations we conducted TABLE 4––Least-cost expansion path calculations and results.
among laboratories that had at least one unprocessed SAK at the
time of our survey (94% of laboratories in our sample). First, Productive Input Low End High End
using each laboratory’s technical efficiency estimate, we pre- DNA processing equipment
dicted the number of additional SAKs that could have been pro- Thermocyclers (per year) R1 $2000 $5000
cessed under perfect technical efficiency. Next, we estimated the DNA analyzers (per year) R2 $10,000 $17,500
Robotic systems for extraction (per year) R3 $5000 $12,000
proportion of laboratories that could have had zero unprocessed Robotic systems for amplification (per year) $7500 $10,000
SAKs if they operated under perfect technical efficiency. Across R4
the two models, our analysis revealed that if laboratories oper- Maintenance agreement (per year) R5 $100,000 $100,000
ated with perfect technical efficiency, they could have processed DNA processing equipment subtotal $124,500 $144,500
111–129 additional SAKs, on average. However, 45%–55% of R6 = R1–R5
Analysts (average annual BLS salary) R7 $60,690 $60,690
laboratories would have been unable to eliminate their process- Price of DNA processing equipment/analyst 2.05 2.38
ing queue even if they were operating under perfect technical wages R8 = R6/R7
efficiency. Thus, even if all laboratories were operating under Relative productivity R9 1.63 1.63
perfect technical efficiency, up to 55% of them would still have Optimal ratio of analysts to equipment 3 4
R10 = R8 * R9
a SAK testing backlog. This means that although technical inef-
ficiency explains a large proportion of the number of unpro- Per year equipment costs were calculated by assuming a 10-year life of all
cessed SAKs, so do insufficient resources. equipment; using this assumption, we divided the approximated full cost of a
Additional calculations were made to derive a least-cost new equipment purchase by 10.
Bureau of Labor Statistics salary was obtained for forensic science techni-
expansion path from the stochastic frontier results. This theoreti- cian.
cal result describes the optimal mix of productive inputs (i.e., Relative productivity is given by the ratio of the coefficient on analysts
SAK analysts and DNA analysis equipment) associated with divided by the coefficient on equipment sets, which are reported in Table 2.
testing any quantity of SAK analysis requests. Specifically, we
wrote an equation that determines the optimal ratio of analysts
to equipment sets. The production model underlying our stochas- Discussion
tic frontier analysis implies the following least-cost expansion
path (see Appendix A): Although considerable attention has focused on the problem
of untested SAKs in crime laboratories, research has said little
SAK analysts %Δ SAKsprocessed=%Δ SAK analysts about the characteristics, practices, and policies of crime labora-
¼  tories that lead to SAK testing efficiency. An ample (and grow-
Equipment %Δ SAKs processed=%Δ Equipment
ing) body of research has investigated the factors that cause law
Price of equipment
 enforcement agencies not to submit SAKs for forensic testing,
Analyst salaries yet there is a dearth of information about how untested SAKs
accumulate in crime laboratories and what can be done to
Using the average wage reported by the Bureau of Labor address this problem. More specifically, research has not
Statistics for forensic science technicians and the annual cost of addressed whether insufficient laboratory resources or the inade-
purchasing and maintaining a complete set of DNA analysis quate use of existing resources are contributing factors. Although
equipment, we estimated the left-hand side ratio of analysts to we know that many crime laboratories are receiving more SAK
equipment. The results of this calculation are provided in testing requests than they can accommodate, it has previously
Table 4. The optimal ratio is between 3 and 4 analysts per been unknown whether laboratories are processing all SAKs pos-
equipment set, depending on the cost of equipment purchased. sible given the resources they have available.
Combining this with the stochastic frontier results, a laboratory Our study analyzes laboratory efficiency in SAK processing,
could optimally increase its capacity by 50% by doubling the including whether laboratories are testing the maximum number
number of analysts employed in addition to purchasing one new of SAKs possible. The analysis also examines whether the accu-
equipment set for every 3–4 analysts added. mulation of untested SAKs in laboratories should be attributed
to a lack of resources to test all requests, inefficiencies in using
their resources, or both. Our findings are important as they offer
practical, scientifically based guidance to crime laboratories, pol-
TABLE 3––Postestimation calculations based on models 1 and 2.
icy makers, and other key stakeholders regarding how internal or
external dollars should be invested to expand laboratory capacity
Postestimation Statistic Mean SD most effectively for SAK testing.
The analysis revealed several important implications for labo-
Number of unprocessed SAKs at the end of 2013 269.02 827.44
Model 1
ratories and the larger criminal justice and forensic fields. First,
Additional SAKs that could have been processed under 129.17 148.55 doubling the number of forensic analysts is associated with a
perfect technical efficiency 49% increase in the number of SAKs that could be tested. This
Proportion of laboratories that could have had no 55% finding is intuitive in the sense that increased labor power will
unprocessed SAKs under perfect technical efficiency help to enhance productivity. Historically, state and local labora-
Model 2
Additional SAKs that could have been processed under 111.08 161.45 tories have invested significant resources in technology, equip-
perfect technical efficiency ment, and software, which can help to streamline the processing
Proportion of laboratories that could have had no 45% of forensic casework. However, this study is the first to quantify
unprocessed SAKs under perfect technical efficiency the critical role that analysts play in laboratory efficiency in
SAK, sexual assault kit. Table only includes laboratories that reported at SAK testing insofar that they are able to maximize technical
least one unprocessed SAK (N = 124). resources. More simply, SAK laboratory efficiency cannot be
STROM ET AL. . ESTIMATING CRIME LABORATORY EFFICIENCY 7

surrogated by new equipment or software but requires having Our analysis also found that outsourcing SAKs in addition to
enough trained and qualified analysts. Of course, it is important numerous policy types are significantly associated with the num-
to recognize that although our study has quantified the essential ber of SAKs processed. Specifically, we found that laboratories
role that staffing plays in processing SAKs, many laboratories outsourcing SAKs test 36% fewer SAKs than those that do not
face real challenges to increasing their analyst labor force (e.g., outsource. This finding is intuitive—laboratories that send out
a lack of necessary labor budgets to hire and maintain staff; rela- some SAKs will ultimately process fewer than those who do
tively low pay and long hours present challenges related to the not. Beyond this, there is an obvious need for human labor when
recruitment and retention of qualified forensic scientists; a lack laboratories choose to prepare and coordinate SAK shipping to a
of capacity to support lengthy training processes that can last private laboratory. Even more critically, outsourcing can create a
anywhere from 6 months to 1.5 years; challenges addressing massive bottleneck when all the results come back from the out-
health and wellness for analysts, including avoiding burnout; sourced laboratory. The laboratory that outsourced the SAKs
and insufficient physical space in the laboratory to support add- must conduct an extensive technical review to take ownership of
ing additional staff). These findings can be used by laboratory the data before CODIS entry. This can require an investment in
directors or other leaders in state and local government to bolster labor that the laboratory may not be able to afford given it is
their requests for bringing additional forensic analysts onboard possible the reason for outsourcing was limited capacity in the
and creating the infrastructure to do so. first place. Thus, for multiple reasons, it is sensical that laborato-
Notably, our models do not find equipment sets and robotic ries outsourcing some SAKs process fewer SAKs overall.
systems to have a statistically significant effect on the number of Models showed statistically significant effects for three policy
SAKs tested in crime laboratories. It would be logical to assume types. First, we found that having a case acceptance policy is
that laboratories with more budgetary freedom to invest in cutting associated with lower numbers of SAKs tested. This finding is
edge or essential pieces of equipment would also show higher expected; policies that screen out specific cases will reduce the
levels SAKs tested. It is possible that our measures do not address overall number of cases processed in laboratories with such a
the complexity of the relationship between technology and pro- policy. We also find that having a policy to remove cases that
ductivity. For example, it might be difficult to fully quantify the will not be prosecuted is also associated with lower numbers of
effects of equipment without considering how analysts use it. To SAKs tested. Although it is intuitive that laboratories reducing
provide a crude example, equipment sets that process 100 samples the number of SAKs they have to test will have lower levels of
rather than 50 samples can process more efficiently in terms of efficiency, the burden of pulling cases out of the case workflow
samples per unit of time. However, there are human labor hours (i.e., diverting human labor away from the progression of SAKs
required to prepare and load the instruments with samples, a pro- through the system) should also be considered. It is also worth
cess that is now more time intensive because there are more sam- noting that in addition to having negative effects on productivity,
ples to manage. An increase in equipment processing power is we do not recommend this practice given that the failure to test
also accompanied by increased demands for data interpretation these SAKs prohibits the opportunity for the offender’s DNA
and analysis, both of which still require human labor. Thus, the profile to be uploaded into CODIS and potentially linked to
impact of technology may be offset because of new forms of other unsolved crimes.
labor related to the advanced technology. Our analyses revealed that having a SAK-only analysis policy
Other statistically nonsignificant findings were also notewor- is associated with higher levels of productivity. This finding is
thy, although not always unanticipated. For example, we do not compelling, especially considering that having a policy to only
find it surprising that being a part of a multi-laboratory system analyze the most probative evidence was found to be nonimpact-
is not statistically associated with increases in the number of ful. Our interpretation of these effects is that having a SAK-only
SAKs tested. In some instances, laboratories that are part of such policy improves productivity because under these circumstances
a system may be able to shift some of their casework to a labo- the laboratory is processing the most probative evidence (the
ratory that has more “available” time or capacity. However, in SAK) compared with secondary evidence (e.g., bed linens). The
most systems it is probably rare that one or more laboratories SAK is typically the best choice for analysis because it derives
have the capacity to take on additional casework. Moreover, it is directly from the victim’s body, and our results suggest that hav-
possible that the labor hours required to transferring casework ing another policy to narrow the most probative evidence further
might have a negative impact on the laboratory’s overall testing offers minimal returns. Thus, based on these findings we recom-
capacity. In other words, labor power that could have been used mend that laboratories not waste time on a policy at the sample
for processing SAKs may instead be used to prepare casework level. Instead, laboratories should test SAKs and avoid sec-
for transfer. We were surprised to find that having a laboratory ondary evidence unless the SAK is negative.
case manager or case supervisor was not associated with a Another key finding is that some laboratories exhibit substan-
higher level of testing productivity. It would be logical to expect tial technical inefficiencies. In other words, some laboratories are
that laboratories that have employed a managerial position to not using their resources in ways that are adequately efficient or
oversee processing of forensic evidence would develop efficient effective for achieving a high level of SAK testing output.
and coordinated processes for testing cases. In fact, past research Results showed that on average, laboratories are only testing
featuring interviews with laboratory personnel (see Strom and about 65%–69% of the SAKs possible, given the resources they
colleagues [52]) has found that staff value the case manager/case have available to them. However, even if the laboratories in our
supervisor position because it helps ensure cases move along sample were operating under perfect technical efficiency, only
through the queue, that all questions about each case are about half of them could eliminate their SAK testing queue with
answered without pulling an analyst off the line to investigate it, available resources. This means that although inefficiency is a
and that cases are thoroughly completed before going out the problem, laboratories also need additional resources to accom-
door. Despite this, our models do not show any effect of this modate the testing requests they receive. Based on this research,
position on productivity. More research is needed to replicate resource investments laboratories might consider to increase pro-
and explore this lack of statistical significance. cessing capacity include (i) increasing staff; (ii) redefining what
8 JOURNAL OF FORENSIC SCIENCES

technicians can do on a case (e.g., having technicians, rather should more carefully capture the back-and-forth nature of sub-
than analysts, resolve case questions, ensure cases are ready for missions and identify whether these interactions influence a
analysis, prepare paperwork, cut and prep samples, package evi- laboratory’s capacity to test SAKs. Notably, these data were
dence for return to agencies, and close out case paperwork); (iii) self-reported by laboratory staff rather than based on official
dividing staff into specialized teams, such as a sexual assault audits or administrative records. It is possible that respondents
team that only works SAK cases; (iv) diverting especially chal- inflated the number of SAKs tested in the previous year to
lenging data interpretation (e.g., complex mixtures) to a handful portray their laboratory more positively, especially given the
of specially trained staff; and (v) increasing equipment in strate- increasingly negative attention on SAK backlogs.
gic ways, with a special consideration of how doing so will A final limitation is that although this is one of the first stud-
impact human labor and staffing needs. ies to examine the connections between laboratory policies and
Finally, our models suggest that if laboratories want to hire the testing of SAKs, our operationalization of policies oversim-
new analysts and purchase new equipment, they should make plifies the role they play and their impact on testing. Our policy
these purchases at a ratio of 3–4 analysts for every purchased variables are binary, measuring only the presence or absence of
equipment set. This was found to be an optimal ratio in the these policies and therefore do not fully capture their content,
sense that they will be able to expand their productive capacity thoroughness, or the extent to which they are implemented with
with the smallest impact on their budget. The implication of this fidelity. However, our analysis provides a critical base for future
finding is that spending all the laboratory’s budget on one piece research, which should work to unpack the nuances associated
of equipment might not be optimal. Instead, laboratories should with policy implementation and how various factors (e.g., com-
consider purchasing equipment to create more complete equip- pleteness, level of detail, mode of implementation) impact SAK
ment sets. They should think about their workflow and recognize processing.
what sample size (batch) an analyst typically works with, then
decide how these samples move through the process and there-
Conclusion
fore how equipment sets should be composed (e.g., several
extraction robots that do 35 samples each but only 2 thermal The criminal justice system has received intense scrutiny for
cyclers at 96 samples each and only two sequencers at 96 sam- untested SAKs. Fortunately, there are efforts in place to address
ples each). Based on these findings, we argue that buying equip- the problem, including an influx of federal and state funding not
ment without adding analysts may not be as helpful as doing only to inventory and test previously unsubmitted SAKs but also
both simultaneously. Rather, laboratories must think strategically to build capacity through training and policy development in
about the long-term implications of investing in new technology agencies. Although these efforts have produced positive results
and how additional staff will be needed to optimize the produc- and indicate reform potential, we must also acknowledge the
tive outputs of that equipment. In light of structural contingency challenges that agencies—along with their partners in forensics,
theory, these findings may be interpreted to mean that some prosecution, victim advocacy, and medical care—face in the
efforts to adapt to an increased demand of previously unsubmit- struggle to respond fully to sexual assault. Undoubtedly, these
ted SAKs may be misguided; the current study’s results high- challenges are complex and will require thoughtful and holistic
light which efforts may be most efficient for crime laboratories solutions. It is imperative that researchers continue to build the
to pursue in earnest. knowledge base and produce actionable research that identifies
and informs effective strategies and practices for ensuring sexual
assault evidence is properly collected, investigated, submitted to
Limitations
a crime laboratory, and subjected to thorough forensic testing.
As with any research attempting to model these complex
concepts, this study has limitations to acknowledge. First, effi-
ciency as it is defined here is static and represents only a snap- References
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10 JOURNAL OF FORENSIC SCIENCES

52. Strom K, Hendrix J, Melton PA, Parish WJ. Efficiency in processing Applying this rule to a Translog functional form, we get the
sexual assault kits in crime laboratories and law enforcement agencies: following equation:
final report. Washington, DC: National Institute of Justice, 2017.

x2 ðβ1 þ β11 lnðx1 Þ þ β12 lnðx2 Þ þ γ1 pÞ p1


Appendix A. The Least-Cost Expansion Path ¼ , (3)
x1 ðβ2 þ β12 lnðx1 Þ þ β22 lnðx2 Þ þ γ2 pÞ p2
The lowest cost expansion path comprises the set of all opti-
mal input mixes. To derive an equation that defines such a set, which implicitly defines x1 as a function of x2. Unfortunately,
consider the following minimization problem: no explicit solution can be derived from (Eq. 3). A useful
approximation to the lowest cost expansion path may be derived,
min fp1 x1 þ p2 x2 þ λ½q∗  Fðx1 ,x2 Þg (1) however, if we approximate the terms in parentheses with the
x ,x
1 2 average value across all laboratories in our sample. That is, let
where pk denotes the price associated with input xk, q* denotes n
the maximum number of SAKs that the laboratory could pro- ^1 ¼ n1 ∑ β^1 þ β^11 ln ðx1 Þ þ β^12 ln ðx2 Þ þ ^γ 1 p,
α (4)
i¼1
cess, and F (x1, x2) denotes the laboratory’s production function.
The first-order conditions for problem (Eq. 1) imply the follow-
and let
ing relationship:
n
∂Fðx1 ,x2 Þ=∂x1 p1 ^2 ¼ n1 ∑ β^2 þ β^12 ln ðx1 Þ þ β^22 ln ðx2 Þ þ ^γ 2 p,
α (5)
¼ (2) i¼1
∂Fðx1 ,x2 Þ=∂x2 p2
Then, (Eq. 4) and (Eq. 5) can be inserted into (Eq. 3) to
Equation (Eq. 2) implicitly defines input x1 as a function of obtain:
x2. The associated explicit mapping represents the laboratory’s
lowest cost expansion path in x2 − x1 coordinate space. ^1 p2
α
To derive the lowest cost expansion path associated with this x1 ¼ x 2 ,
^2 p1
α
modified Translog production function, we use the following
helpful rule of differentiation:
which provides a linear approximation to the lowest cost expan-
sion path associated with the modified Translog production
∂Fðx1 ,x2 Þ ∂lnF ðx1 ,x2 Þ
¼ F ðx1 ,x2 Þ function.
∂xk ∂xk

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