Forensic evidence can provide just outcomes in criminal matters. However, it is not yet an exact science as it can be flawed. It can be misrepresented through the reliability of the evidence, through nonstandard guidelines, and through public perception. Forensic science can be dangerously faulty without focus on the ‘science’ aspect. It can at times be just matching patterns based on an individual’s interpretations. This can lead to a miscarriage of justice and forever alter a person’s life due to a perceived “grey area” (Merritt C, 2010) resulting in a loss of confidence in the reliability of forensic evidence.
Evidence collection
Evidence collection is a crucial part of forensics. Its reliability can be compromised by input bias from law
…show more content…
Each laboratory has its own standard and guidelines rather than having uniformity across the industry. This allows one forensic labs results to be different to another’s based on their own individual practices. The standards and guidelines for the checking of forensic laboratories varies from state to state and the inspection is peer assessed. This is a problem as the auditing of the labs may be subject to bias rather than using an independent authority. Lab test guidelines might not result in all evidence having to be reported. For example, the Waring case in Western Australia, where a young man was charged with rape because the lab failed to report that more than Waring’s DNA was found in the victim’s rape kit. According to this lab’s approved guidelines – low levels of DNA below a certain point found, do not have to be reported (7). The issue of what standard was being used was not evident in this case. If the guidelines had required the forensic scientist to reveal even the very low samples of a second male’s DNA, the jury may not have convicted an innocent person (8). When the professionals get it wrong, and they do, their authority and their power alters the lives of innocent people. Pressure can be placed on forensic scientists and technicians. So when something doesn’t fit with what has been predicted, it has been known that tampering of evidence can occur. Forensic science requires …show more content…
Whereas the real picture of forensic evidence is unlike what is represented in movies and television shows where a fingerprint or a trace of hair is found, then it’s game over for the criminal. Reality is not as straightforward. As more people are exposed to the unreal forensic world through television and media the likeliness for a wrong conviction increases with juries assuming the evidence involves more science than what it really does, this is known as the CSI Effect. Further education and training is needed for the people of the court, the forensic specialists, and so called experts. The people in courts do not question any of the ‘professionals’ and just trust in their expertise. The court could overcome this perception by requiring explanation of error rates in a forensic field. To do this, testing examiner error rates will be necessary which means further research. Forensic science has such a large effect on the prosecution of suspects, experts have been known to provide questionable and at times incorrect evidence. When a false conviction occurs the true perpetrator is set free. Once realized, the public doubts the justice system and the reliability of the forensic evidence even more. At this point in time, forensic is an inexact
At least 99 percent of the time, forensic science is reliable and deem accurate. Although four experts that matched Brandon Mayfield’s fingerprint to the fingerprint on a bag at the crime scene, they in fact misidentified the evidence and Spanish police found out that the latent fingerprint actually belong to be an Algerian. This shown that forensic experts and attorneys can definitely be wrong; furthermore, it convey that not all evidence presented in the case is subjected to be infallible and there is a possibility for committed error. Leah Bartos, a UC Berkley graduate student with a Journalism degree, conducted an experiment to understand the process of becoming a certified forensic consultant. She had no prior knowledge in the forensic discipline, but became certified after she passed the open book exam and sent ACFET her bachelor degree, resume, and references. The ACFET exam have a 99 percent pass rate; therefore, it is criticized for creditability of its certified graduate and branded a diploma milling organization for-profit. Attorney can argue the weakness of the forensic evidence presented, hence forensic science call for bad science and can definitely be misuse in our adversarial legal
I began this year considering a career in forensics. After delving into the field in detail however, I see that it is a very delicate science and easily open to misinterpretation. There are many variables within forensics, the first and foremost being that of the CSI effect and how it influences our expectations of the capabilities of forensic science. While it's true that great advances have been made in the area of forensic science, it's unrealistic to expect a crime scene to be processed, evidence analyzed and a conclusive forensics report to be completed in a short time and be completely accurate 100% of the time. Forensic science has a lot of room for improvement, and understanding if, how, and why shows like CSI affect the field is of high priority. After all, this is real life and not a TV show.
A forensic evaluation is a comprehensive and elaborate process that incorporates collection, analysis, and integration of information form multiple sources. Child welfare related evaluations are one of the most complex types of forensic evaluations requiring expert opinion and recommendations on matters pertaining to child custody and visitation, parental fitness and termination of parental rights, and evaluation of adoptive and foster parents. The primary purpose of these evaluations is to inform the court and facilitate decision-making process in child welfare cases. During a child custody evaluation the main doctrine to uphold is the “best interest of the child.” The safety of the child is of paramount consideration. This along with well-being
Therefore, the criminal justice system relies on other nonscientific means that are not accepted or clear. Many of forensic methods have implemented in research when looking for evidence, but the methods that are not scientific and have little or anything to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011). Defense experts are required to help the defense attorneys defend and breakdown all of the doubts in the prosecutors scientific findings in criminal cases. Scientific information is integral in a criminal prosecution, and a defense attorney needs to have an expert to assist he/she in discrediting the prosecution (Giannelli,
Along with eyewitness identification, unreliable forensic science has been the cause of around 50% of wrongful convictions overturned by DNA testing (understand the causes). There are three factors that lead to unreliable or improper forensic science. They are the absence of scientific standards, improper forensic testimony, and forensic misconduct (understand the causes). The absence ...
Palermo explains the “…means of impeding the presentation of sloppy scientific evidence is found Federal Rule of Evidence 403 that gives judges the discretion to admit or to exclude from trial evidence, including scientific, deemed to prejudicial, confusing, or misleading to jurors” (2006). The article then explains that the technical terms used in the trial court while presenting the DNA analyses, is many times too complex for the individuals sitting on the jury. Ultimately, these same jurors are still inclined to reject or accept the facts presented even if they don’t understand the information presented. Palermo also commented on the necessity for better training on the individuals that come in close contact with the collection of DNA evidence, because it’s imperative, as is the training of DNA analysts and others involved with the handling of evidence. The collection of evidence plays a viable role in the process of DNA examination because if evidence isn’t collected properly the evidence could easily be contaminated with other elements from the crime scene.
Forensic Science, recognized as Forensics, is the solicitation of science to law to understand evidences for crime investigation. Forensic scientists are investigators that collect evidences at the crime scene and analyse it uses technology to reveal scientific evidence in a range of fields. Physical evidence are included things that can be seen, whether with the naked eye or through the use of magnification or other analytical tools. Some of this evidence is categorized as impression evidence2.In this report I’ll determine the areas of forensic science that are relevant to particular investigation and setting out in what method the forensic science procedures I have recognized that would be useful for the particular crime scene.
A large amount of people trust the main DNA confirmation is vital for the examining procedure there's an assortment of proof that are imperative to sorting the wrongdoing riddle out. Each part of the crime scene is utilized to figure out who, what, when and where the crime happened. An illustration of this is follow proof, for example, paint and filaments discovered identifying with the crime. Before beginning this course, I never truly considered these sorts of proof. Numerous individuals don't understand that filaments from garments or seats can have vital impact while deciding the area of a person. Paint confirmation is utilized, too. For instance, paint confirmation could be urgent for hit and runs. Paint and fiber confirmation is generally
Forensic Psychology, which is occasionally referred to as Legal Psychology, originally made its debut in the late 1800’s. A Harvard Professor, Professor Munsterberg, introduced the idea of psychology and law with his book, On the Witness Stand in 1908. Since the inception of the idea of psychology and law there have been proponents, as well as though that have spoken against the theories proposed by Munsterberg’s, along with other scientists, theorists, and psychologists that believed that Forensic Psychology had no standing to be linked to topics of law. This literature review will attempt to identify scholarly articles that trace the origins and the movement that led to Forensics Psychology becoming a specialty within the field of psychology. I will also attempt to explain What is Forensic Psychology as well as the part it plays within the legal system.
The transitional growth in the forensic science sector has not been without challenges. Though the world has experienced increased capabilities and scientific knowledge, which has led to faster investigations and results, many forensic experts have argued that forensic laboratory testing, in the light of 21st century technological advancements, is yet to meet the expected rate in quick available testing and analysis (Mennell & Shaw, 2006). This is with respect to the growing rate of crime and the high demand of quick crime scene testing and analysis. In the science of crime scene, analysis and interpretation of evidence is majorly dependent on forensic science, highlighting the change in the role of forensic sciences (Tjin-A-Tsoi, 2013). In the business of forensic science, time is beginning to play important role in the evidence testing and analysis which is becoming crucial in reducing ...
The collection, custody and preservation of forensic evidence is a vital aspect of evidence integrity, without proper adherence to these procedures, crucial evidence that could potentially have great impact on a court case could be rendered useless. In the case of criminal proceedings, a skilled defence lawyer will look to scrutinise every step taken by forensic practitioners’ involved within the case in regards to the continuity of the evidence, in doing this they attempt to undermine the practitioner’s ability to properly carry out strict evidence collection, protection and preservation procedures and also look to find fault in the techniques they used to carry out these procedures.
As far back as 1832, James Marsh was the first to use forensics at trial to give evidence as a chemist in 1832. Since that time forensic science and evidence has come a long way in various ways and technology to help in determine if the suspect is guilt or not, through such things as DNA testing, blood, and fingerprints. The first forensic police crime lab was created in 1910. The contributions of Dr. Edmond Locard, a French scientist and criminologist, proposed that “everything leaves a trace”. This principle is still valid today as it was so many years ago. No matter how small, the specialized trained technicians and investigators can take these methods and go to a crime scene to get evidence. “Forensic science is the application of sciences such as physics, chemistry, biology, computer science and engineering to matters of law.” (Office of Justice, 2017) These different sciences can help achieve and assist in solving a case. Forensic science has also the ability to prove that a crime was committed, it can find the elements of the crime, it can help place the suspect at the scene and whether the suspect had any contact with the victim. However, in the last several years the techniques and with the use of technology the evidence that forensic science uncovers can also exonerate an innocent individual who has been falsely accused of the
According to the American academy of forensic science, the forensic sciences form a vital part if the entire justice and regulatory system. Forensic science is an enticing career having to do with science and criminal justice, a large variety of schooling is needed to start this job Despite the fact that it can be a dangerous environment it can be an exciting profession to pursue. There are many different fields in forensic science that you can study or major in but they all have the same objectives.
“The word ‘forensics’ means “connected with the courtroom”; so forensic science is, therefore, concerned with gathering hard evidence that can be presented in a trial” (Innes 9). Forensic science is a science that is applied specifically to legal matters, whether criminal or civil. “Few areas in the realm of science are as widespread and important as forensic science” (Hunter 12). Forensics is the one science that is most commonly used in everyday life. It is also a branch of science that incorporates other branches of science such as biology, chemistry, and etc. Since it is used almost every day “No one can dispute the importance of the contributions to society made by forensic science; the ability to solve crime is undeniably important” (Hunter 13). Forensic science has given criminal investigation a new edge. “Advances in science have opened the door for more effective evidence discovery, howev...
The process of gathering evidence largely depends on the role of discretion by the police. Once police have decided to pursue a reported crime, they then begin the process of gathering evidence. To ensure that the process of gathering evidence is lawful, the police must follow the procedure outlined in the Evidence Act 1995 (NSW), which describes the manner in which evidence can be collected. This act imposes certain limits on the way police can gather evidence and the types of evidence that can be used. The Act is able to protect the rights of citizens by making it a requirement for the police to gain necessary legal documentation, such as search warrants, in order to obtain some types of evidence and thus, protects the rights of ordinary systems. In more recent times, the use of technology has come to play a major role in the gathering of evidence and with this comes complications in the law. New technologies in relation to the criminal investigation process are mainly in reference to DNA evidence, genetic material that can place a suspect at the scene of a crime. The introduction of DNA evidence into the criminal investigation process has been extremely effective in achieving justice, as it is able to secure convictions. Initially, there were some setbacks to the use of DNA evidence