Ethical Standards in Forensic Science 1 Forensic Science

Forensic Science in the Legal System l Forensic science = legal matters and legal

Forensic Science in the Legal System (continued) l Any distinction between civil and criminal

Balance of Legal & Ethical Responsibilities Science = natural phenomena Be familiar with the

Legal Responsibilities of Forensic Science l Follow procedures l Obey the rules of evidence

Character of Forensic Scientists l Unprejudiced and impartial l Objective l Have sufficient education

Main Functions of Forensic Science Analyze – unearth factual information, regardless which side the

Key Terms Forensic Science – the application of science to the criminal and civil

Key Terms (continued) Physical evidence – any object that can establish that a crime

Key Terms (continued) • Rules of Evidence – govern whether, when, how, and for

Key Terms (continued) • Chain of Custody – refers to the chronological documentation or

Establishing a Professional Standard l An important issue forensic science l Assessment is needed

Ethical Guidelines for Analyzing Physical Evidence l l l Adequate examination Interpret and/or evaluate

Ethical Guidelines for Interpreting Physical Evidence l Don’t confuse scientific facts with opinion l

Ethical Guidelines for Reporting Physical Evidence l Personal interest or gain should not bias

Ethical Guidelines for Reporting Physical Evidence (continued) Use accepted standards for photographs, posters, or

Ethical Guidelines for Professional Courtesy l Re-examining evidence is permissible l Resolve differences of

Ethical Guidelines for Professional Courtesy (continued) l Inform colleagues about new methodology for analyses

Conclusion As science and technology continue to advance, the importance and value of forensic

Resources l l l 0538445866, Forensic Science: Fundamentals and Investigations (2008), Anthony J. Bertino,

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Ethical Standards in Forensic Science 1

Forensic Science in the Legal System l Forensic science = legal matters and legal questions l Significant elements in resolving civil and criminal matters l Link or exonerate suspects Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 2

Forensic Science in the Legal System (continued) l Any distinction between civil and criminal is artificial l Principles and procedures of the forensic science investigation are the same for both l Physical evidence: l l l Recognize Preserve Analyze Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3

Balance of Legal & Ethical Responsibilities Science = natural phenomena Be familiar with the law Law = manmade rules & regulations Appreciate the rules of evidence Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 4

Legal Responsibilities of Forensic Science l Follow procedures l Obey the rules of evidence l Maintain impartiality l Stay within the legal, scientific boundaries 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. 5

Character of Forensic Scientists l Unprejudiced and impartial l Objective l Have sufficient education and training Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 6

Main Functions of Forensic Science Analyze – unearth factual information, regardless which side the evidence supports l Interpret – evaluate findings, arriving at opinions and conclusions l Report – testify accurately and truthfully l Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 7

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 l 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. l Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 8

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 l Chain of Custody – refers to the chronological documentation or paper trail, analysis, and disposition of physical and electronic evidence l Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 9

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. 10

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. 11

Establishing a Professional Standard l An important issue forensic science l Assessment is needed to standardize the collection, examination, and analysis of physical evidence Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 12

Ethical Guidelines for Analyzing Physical Evidence l l l Adequate examination Interpret and/or evaluate findings No excessive testing to falsely enhance results Use valid, reliable standards of comparison Use accurate, reliable equipment l l Precise Reproducible Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 13

Ethical Guidelines for Interpreting Physical Evidence l Don’t confuse scientific facts with opinion l Qualify and explain opinions and conclusions appropriately l Don’t state conclusions and opinions beyond the area(s) of personal expertise l Give proper weight and certainty to opinions and conclusions Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 14

Ethical Guidelines for Reporting Physical Evidence l Personal interest or gain should not bias or distort a report or testimony l Never claim results and/or accomplishments not your own l Limit testimony to conclusions drawn from examinations and analyses l Avoid misleading or ambiguous language and terms easily misconstrued Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 15

Ethical Guidelines for Reporting Physical Evidence (continued) Use accepted standards for photographs, posters, or background information l Do not distort or use unduly sensational material l “Attorney-client” relationship applies, unless it leads to a miscarriage of justice l Set a reasonable fee for services – never contingency l Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 16

Ethical Guidelines for Professional Courtesy l Re-examining evidence is permissible l Resolve differences of opinion before the case goes to trial l Advising attorneys about the testimony of another forensic scientist is permissible if in good faith, not malicious, and to prevent incompetent testimony Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 17

Ethical Guidelines for Professional Courtesy (continued) l Inform colleagues about new methodology for analyses l Report invalid or unreliable methodology l Respect opinions and conclusions of colleagues unless you can prove them as false or inaccurate l Do not misrepresent or distort the statements, results, reports, testimony, or work of colleagues Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 18

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. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 19

Resources l l l 0538445866, Forensic Science: Fundamentals and Investigations (2008), Anthony J. Bertino, South-Western Educational Publishing 0135045207, Criminalistics (10 th Edition), Richard Saferstein, Prentice Hall http: //www. uscourts. gov/rules/ http: //www. truthinjustice. org/sutton. DNA. htm http: //www. lib. jjay. cuny. edu/cje/html/forensics cience. html Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 20