what is the link between ethics and forensic science (4)
expert witnesses are obliged to tell the truth
state facts without distortion
use relevant information - not misleading
properly present evidence
what is meant by ethics
the principles of right and wrong that someone uses to make a decision and how they conduct themselves
what is meant by profession ethical conduct in forensic science
the principles, values and constraints imposed on practitioners by their profession and workplace
what is ethically expected of a forensic scientist (4)
competence
being thorough
objectivity
willing to communicate freely results and the significance of their analysis
outline the role of an expert witness in forensic science
give expert opinion within their area of expertise
clarify procedure and interpretations using scientific facts and foundations
educate the jury and aid with their decision making
what does forensic science support
justice not the prosecution/defence
what is meant by an ethical dilemma
a type of ethical issue that arises when the available choices and obligations in a situation do not allow an ethical outcome
what 4 themes do ethical dilemmas commonly follow on
- truth vs loyalty (maintain integrity or personal relationships)
- individuals vs groups (choose between interests of an individual or those on the larger community)
- immediate vs future (choose between present benefits or longer term ones)
- justice vs compassion (choosing between fairness and dispassionate consequences)
what are some of the guidelines to remaining ethical given by Bowen in 2010 (8)
- do not use misinformation to support your claims
- do not represent yourself as an expert if you are not
- do not use misleading info
- do not divert attention away from an issue
- do not mis use peoples emotions
- do not hide limitations
- do not over simplify things
- do not advocate things you don’t support
how does Bowen 2010 identify the 4 main sources of pressure and conflict in forensic science that can lead to poor ethical conduct
- the police service
- the adversarial system
- the science
- our personal sense of ethics and morals
what are some examples of poor ethics in forensic science suggest by Bowen 2010 (5)
- reports with minimal info
- reporting findings without interpretations
- leaving significant info out of a report
- failure to differentiate between opinions based on experiment and opinions based on experience
- giving an opinion with greater certainty than the data suggests
what are the 6 motives associated with the role of expert scientists that result in conflict or tension
- competition
- job security
- economic reward
- principle (revenge, spite)
- recognition
- ego
what are the 4 guiding principles associated with the education of forensic scientists
- technical competence to employ reliable methods of analysis
- honestly with respect to their qualifications
- intellectual honestly of the scientific data
- objectivity in the review of evidence and delivery of expert testimony
what are some examples of ethical misconduct in crime scenes and labs suggested by Fisher (2000) (9)
- planting evidence at crime scenes
- collecting evidence without a warrant
- falsifying lab results
- ignoring evidence at a scene because it doesn’t support what you think
- reporting on tests not actually done
- examining evidence when not qualified
- extending beyond your area of expertise
- using not validated methods
- failure to report a colleague doing something from above
who decides if the scientist is a qualified expert and if their testimony is reliable
the judge
what are the two things evidence can be that results in the scientists having to make decisions and justify them
definitive or interpretational
what does the credibility of the Forensic Scientist depend on
the reliability and accuracy of the work they perform
what can forensic evidence sometimes be
circumstantial evidence
what is meant by the scientific method
pursues the testing process by breaking hypotheses into their smallest components one part at a time
allowing tests to prove or disprove alternative explanations
what 4 characteristics do reliable methods possess
- integrity
- competence
- relevant experience
- a defensible technique
how does ethics relate to forming opinions and conclusions (7)
- valid conclusions need the use of proven methods
- test are designed to disclose true facts and all interpretations should be considered
- verify conclusions by re testing
- inconclusive or indefinite tests should also be explained not discarded
- being aware of limitations
- do not make interpretations based off the side who employed you
- clearly distinguish between fact and opinion
how does ethics relate to the scientific method (5)
- the scientist should be inquiring, progressive, logical and unbiased
- conduct adequate examination not using invalidated tests
- be open minded
- don’t use unreliable materials
- be aware of new scientific methods
how does ethics relate to the court presentation (6)
- indicate that what they are saying is their opinion not fact
- avoid terms the jury will misunderstand or misinterpret
- the expert does not have to present evidence that only supports the side that hired them
- don’t impress false information onto the jury
- do not extend yourself beyond your expertise
- if using photos and sketches these should not be altered
what are the two models of the criminal process
due process
crime control
