Conflicts of Law and Science

2054 Words5 Pages

Introduction Forensics is directly defined as something “used in the court of law” (Komar, Buikstra, 2008, p.44). Although forensics is defined in this manner, there is an ever-growing conflict between the needs of the law (e.g. the criminal justice system) and the capabilities of particular fields in forensics, specifically forensic science. Forensic science is currently at the forefront of importance in assisting law enforcement in solving crimes; yet it is a field that is constantly altering and advancing in procedures and mechanisms e.g., the technological advancements that have added to the aptitude of forensics and also established a ‘new’ field within forensics (Murphy 2007). Although, forensic science comes at great assistance to law enforcement it has become an issue within recent years because of a constant clash between the legal system and forensic sciences. The purpose of this paper is to examine how the needs of law enforcement conflict with the ability and advances made in Forensic Science. This will be implemented by discussing particular advancements, including the ideal of “new forensics”, the various methodologies used and there critiques in regards to the Daubert and Frye Rulings (Meaney, 1994). Lastly, this paper will analyze the varying viewpoints of scholars regarding this issue and the various ways they believe this issue could be resolved. As stated previously, both the law and forensic science are used to solve crime but each area has a dissimilar way of solving crimes although they mutually rely upon one another (Metzgar, 2012). Forensic Science is persistently developing and shifting, these modifications, continue to create more questions of how to establish consistency and measure validity; as ... ... middle of paper ... ...h Forward. Professional Safety, 57(1), 32-33 Moreno, J. (2010). C.S.I. BULLS#!T: The National Academy of Sciences, Melendez-Diaz V. Massachusetts, and Future Challenges to Forensic Science and Forensic Experts. Utah Law Review, 2010(2), 327-365. Murphy, E. (2007). The New Forensics: Criminal Justice, False Certainty, and the Second Generation of Scientific Evidence. California Law Review, 2007, 95(72), 721-745 Roberts, P. (2013). Renegotiating Forensic Cultures: between Law, Science and Criminal Justice. Studies In History And Philosophy Of Biological And Biomedical Sciences, 44(1), 47-59. Robertson, J. (2012). Forensic Science, an Enabler or Dis-Enabler for Criminal Investigation? Australian Journal of Forensic Science, 44(1), 83-91 Toom, V. (2012). Bodies of Science and Law: Forensic DNA Profiling, Biological Bodies, and Biopower. Journal of Law & Society, 39(1)

Open Document