Ethical Standards in Forensic Science

Forensic Science in the Legal System Forensic science = legal matters and legal questions Significant elements in resolving civil and criminal matters Link or exonerate suspects Forensic science, by its very nature, has to do with legal matters and legal questions. Definition of forensic science: the application of science to the criminal and civil laws that are enforced by police agencies in a criminal justice system. Forensic science has emerged as a significant element in efforts to resolve civil and criminal matters in our society. Physical evidence is no longer just used to link a suspect to a crime but it is of equal importance in exonerating a person of guilt. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Forensic Science in the Legal System (continued) Any distinction between civil and criminal is artificial Principles and procedures of the forensic science investigation are the same for both Physical evidence: Recognize Preserve Analyze Forensic science comes to public attention most often as a result of involvement in major criminal cases. From a scientific point of view, the distinction between civil and criminal is artificial—the distinction is a legal one In any type of case, the principles and procedures of the forensic science investigation remain the same. Recognition of physical evidence, its proper preservation, and analysis can often provide important information to courts and juries in helping them resolve the scientific issues. Forensic scientists provide important information to courts and juries, helping them resolve scientific issues. Forensic scientists use scientific procedures to unearth factual information about the physical evidence in a case, regardless of which side the evidence supports Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Balance of Legal & Ethical Responsibilities Science = natural phenomena Law = manmade rules & regulations Science deals with natural phenomena, while law deals with manmade rules and regulations. A forensic scientist not only has to be familiar with the law but also has to appreciate the rules of evidence. Be familiar with the law Appreciate the rules of evidence Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Legal Responsibilities of Forensic Science Follow procedures Obey the rules of evidence Maintain impartiality Stay within the legal, scientific boundaries On the other hand, we also have to follow procedures, obey the rules of evidence, maintain impartiality, and stay within the legal, scientific boundaries. Forensic scientists have to report whatever they observe and whatever they find, no matter what they believe. Report what you observe, whatever you find, no matter what you believe. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Character of Forensic Scientists Unprejudiced and impartial Objective Have sufficient education and training Forensic scientists are inclined toward the view that their function is to employ scientific procedures to unearth factual information about the physical evidence in a case, regardless of which side the evidence supports. Most forensic scientists think of themselves as unprejudiced and make every effort to ensure that their work is objective. They think of their results as a way of providing information to the court, rather than to one side or the other. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Main Functions of Forensic Science Analyze – unearth factual information, regardless which side the evidence supports Interpret – evaluate findings, arriving at opinions and conclusions Report – testify accurately and truthfully Analyze -- use scientific procedures to unearth factual information about the physical evidence in a case, regardless of which side the evidence supports Interpret -- when examining and analyzing physical evidence, forensic scientists must interpret and/or evaluate their findings, arriving at opinions and conclusions Report -- give a report and/or testify on these opinions and conclusions accurately and truthfully Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Key Terms Forensic Science – the application of science to the criminal and civil laws that are enforced by police agencies in a criminal justice system Ethics – the branch of philosophy dealing with values relating to human conduct, with respect to the rightness and wrongness of certain actions, and to the goodness and badness of the motives and ends of such actions. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Key Terms (continued) Physical evidence – any object that can establish that a crime has been committed, or can link a crime and its victim or perpetrator Chain of Custody – refers to the chronological documentation or paper trail, analysis, and disposition of physical and electronic evidence Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Key Terms (continued) Rules of Evidence – govern whether, when, how, and for what purpose proof of a case may be placed before a court for consideration Impartiality – not partial or biased; fair or just Testimony – the statement or declaration of a witness under oath or affirmation, usually in court Expert Witness – the Forensic Scientist and or Crime Scene Technician presenting the findings of a crime investigation in a court of law Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Key Terms (continued) Chain of Custody – refers to the chronological documentation or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of physical or electronic evidence American Academy of Forensic Science – currently the largest forensic science organization in the world. Scientists may opt to follow the code of ethics from their regional organization or those from this organization Preservation – to keep possession of or retain for safekeeping Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Establishing a Professional Standard An important issue for forensic science Assessment is needed to standardize the collection, examination, and analysis of physical evidence Perhaps the most important issue in the forensic science field is to establish a professional standard. An assessment is needed of standards of practice in the collection, examination, and analysis of physical evidence. Both forensic and legal professions must carefully study their role in examining and presenting scientific evidence in a court of law. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Ethical Guidelines for Analyzing Physical Evidence Adequate examination Interpret and/or evaluate findings No excessive testing to falsely enhance results Use valid, reliable standards of comparison Use accurate, reliable equipment Precise Reproducible Make adequate examination and analysis of evidence Do not use excessive testing to needlessly enhance results Use only methodology currently accepted in the field(s) of expertise at the time of the analysis Use only valid, reliable, standard materials for comparison Use accurate, reliable equipment demonstrating precision and reproducibility Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Ethical Guidelines for Interpreting Physical Evidence Don’t confuse scientific facts with opinion Qualify and explain opinions and conclusions appropriately Don’t state conclusions and opinions beyond the area(s) of personal expertise Give proper weight and certainty to opinions and conclusions Do not confuse scientific facts with opinion in reports and testimony Qualify and explain opinions and conclusions appropriately, especially in gray areas (where the results are less than positive or negative) Do not extend conclusions and opinions beyond the area(s) of personal expertise; don’t claim any false qualifications Assign the proper weight and certainty to opinions and conclusions Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Ethical Guidelines for Reporting Physical Evidence Personal interest or gain should not bias or distort a report or testimony Never claim results and/or accomplishments not your own Limit testimony to conclusions drawn from examinations and analyses Avoid misleading or ambiguous language and terms easily misconstrued Never allow personal interest or gain to bias or distort a report or testimony Never claim results and/or accomplishments not your own Limit reports and/or testimony to the opinions and conclusions that can be properly drawn from the examinations and analyses Avoid misleading or ambiguous language or terms easily misconstrued or misunderstood Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Ethical Guidelines for Reporting Physical Evidence (continued) Use accepted standards for photographs, posters, or background information Do not distort or use unduly sensational material “Attorney-client” relationship applies, unless it leads to a miscarriage of justice Set a reasonable fee for services – never contingency Any photographs, posters, or background information used in reports or testimony will be made to the current accepted standards in the scientist's field(s) of expertise at the time of the analysis, and shall not be distorted or unduly sensational Generally, the principle of the "attorney-client" relationship applies to the work of a forensic scientist, except in a situation where a miscarriage of justice might occur. Justice must be the guiding principle Where scientists engage in private practice, it is appropriate that they set a reasonable fee for their services No services shall be rendered on a contingency fee basis Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Ethical Guidelines for Professional Courtesy Re-examining evidence is permissible Resolve differences of opinion before the case goes to trial Advising attorneys about the testimony of another forensic scientist is permissible if in good faith, not malicious, and to prevent incompetent testimony Re-examining evidence previously examined by another scientist is permissible; however, where a difference of opinion or conclusion arises, reasonable effort should be made by both scientists to resolve their conflict before the case goes to trial A forensic scientist may advise an attorney regarding the direct and cross-examination, deposition, and interrogation of another forensic scientist, provided this service is performed in good faith, not maliciously, and to prevent incompetent testimony. This service must not be used to thwart justice Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Ethical Guidelines for Professional Courtesy (continued) Inform colleagues about new methodology for analyses Report invalid or unreliable methodology Respect opinions and conclusions of colleagues unless you can prove them as false or inaccurate Do not misrepresent or distort the statements, results, reports, testimony, or work of colleagues Make reasonable efforts to inform colleagues about new methodology or techniques for forensic examinations and analyses, and report the discovery of invalid or unreliable methodology Respect the opinions, conclusions, reports, and testimony of their colleagues unless you can prove that these opinions, conclusions, reports, or testimony are false or incorrect Scientists shall not misrepresent or distort the statements, results, reports, testimony, or work of their colleagues. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Conclusion As science and technology continue to advance, the importance and value of forensic science in the protection of our society will continue to grow. The court has become increasingly dependent on forensic evidence in civil and criminal litigations. As science and technology continue to advance, the importance and the value of forensic science in the protection of our society will also continue to grow. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Resources 0538445866, Forensic Science: Fundamentals and Investigations (2008), Anthony J. Bertino, South-Western Educational Publishing 0135045207, Criminalistics (10th Edition), Richard Saferstein, Prentice Hall http://www.uscourts.gov/rules/ http://www.truthinjustice.org/suttonDNA.htm http://www.lib.jjay.cuny.edu/cje/html/forensicscience.html Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.