ETHICS

Question 1

NAS Report 2009

Answer 1

• created to strengthen forensic science in the united states
• exposed issues and identified improvements
• before this report, no overarching code of ethics and no process in place if a breach of ethical standards occurred

Question 2

What evidence types did NAS identify issues with?

Answer 2

• handwriting
• firearms
• tool mark analysis
• bite mark analysis
• fingerprints

Question 3

What issues did NAS highlight with the longstanding evidence types?

Answer 3

• subjectivity
• lack of underlying reliable science
• high interobserver error
• lack of admitted and published error
• “secret methods” e.g. intellectual property

Question 4

What recommendations did the NAS report provide?

Answer 4

• standardise terminology and practises
• expand research on accuracy, reliablity and validity of forensic sciences
• require accreditation and certification
• ensure quality control procedures
• establish a national code of ethics

Question 5

NIST Report

Answer 5

• produced following the NAS recommendation for a national code of ethics
• established ethical criteria for an expert witness

Question 6

What were the ethical criteria established from the NIST report?

Answer 6

• accurately represent level of training and education
• commit to continuous learning
• conduct full, fair and unbiased opinions
• do not go outwith area of expertise
• do not withold information or alter reports
• do not participate in cases with conflicts of interest
• communicate honestly and fully with all parties

Question 7

PCAST Report 2016

Answer 7

• reiterated and expanded on concerns in NAS report
• focused on comparison methods and identified 2 gaps in research:
• the need for clarity of scientific standards for validity and reliability of forensic methods
• the need to evaluate specific forensic methods to determine scientific validity and reliability

Question 8

What recommendations did the PCAST report 2016 provide?

Answer 8

• direct legal professionals to ensure expert testimony is based on valid methods
• revise uniform language for reports and testimonies
• crete a national forensic science research and development strategy
• have better resources to support judicial training in the evaluation of forensic evidence

Question 9

Tuskegee Experiment

Answer 9

• lots of black men had syphilis, were told it was something else and given placebo medicine
• conducted without their knowledge to investigate how the syphilis virus developed
• ended up killing a lot of people due to lack of treatment

Question 10

Willowbrook Study

Answer 10

• gave hepatitis disease to mentally disabled children without telling their parents
• wanted to research how virus developed

Question 11

Hwang Woo Suk

Answer 11

• falsified evidence in stem cell research

- women authors were forced to donate cells to be acknowledged for research contribution

Question 12

Declaration of Helsinki 1964

Answer 12

• based on Tuskegee experiment, Willowbrook study and Hwang Woo Suk
• set of ethical principles regarding human experimentation developed for medical community
• widely regarded as cornerstone document on human research ethics

Question 13

Michael West - Bite Mark Analysis 1990s

Answer 13

• claimed to have pioneered a method of finding bite marks on bodies and matching them to one person
• claimed only he could perform method which could not be tested or filmed
• tricked into misidentifying bite mark wound from investigators dental mould

Question 14

R v Clark 2003

Answer 14

• women’s 2 young sons died
• 1st baby diagnosed with sudden infant death
• 2nd baby diagnosed with shaken baby syndrome
• pathologist heard of 2nd (potentially purposeful) diagnosis he re-examined first baby’s material and decided it was smothered to death
• in court, pathologist failed to present all evidence and his change of decision (lack of disclosure) and provided misleading statistical information
• court decided these factors would influence juries decision and decided it was inadmissible

Question 15

HMA v Grimmond 2001

Answer 15

• two boys reported child abuse and a man was charged
• boys later revealed more details of what happened, further charges raised against perpetrator
• child psychologist brought in to determine whether pattern of two stage revelations was normal/common
• however, she spoke about the credibility and reliability of their statements = outwith area of expertise