1. Ethical Standards in Forensic Science

2. 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.
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3. 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
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4. 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
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5. 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.
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6. 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.
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7. 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
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8. 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.
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9. 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
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10. 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
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11. 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
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12. 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.
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13. 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
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14. 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
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15. 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
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16. 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
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17. 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
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18. 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.
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19. 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.
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20. Resources
, Forensic Science: Fundamentals and Investigations (2008), Anthony J. Bertino, South-Western Educational Publishing
, Criminalistics (10th Edition), Richard Saferstein, Prentice Hall
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