Discord in the Communication of Forensic Science

2016 ◽  
Vol 36 (1) ◽  
pp. 96-111 ◽  
Author(s):  
Loene M. Howes ◽  
Nenagh Kemp

The criminal justice system is one arena in which nonscientists use scientific findings and expert opinions to aid decision making. Forensic science is a standard feature of criminal investigations, out-of-court settlements, and trials. Yet forensic science may be poorly understood by those who use it as a decision aid, with a consequent risk of contributing to miscarriages of justice. In this article, we discuss some of the contentious aspects of communicating expert opinion, and consider how research suggests that scientists might balance the competing concerns of scientific correctness and comprehensibility for nonscientists. Highlighting both research and theory, we argue that modifying language is a necessary component of ensuring understanding. However, the aim of transferring knowledge from a forensic scientist to a nonscientist is a complex task. Language modification alone is not sufficient; the practices and processes of communication require consideration. We argue that the dialogue and participation models of communication have much to offer to foster understanding of forensic science and enhance its value in the criminal justice system. We acknowledge some practical challenges to dialogue and participation approaches, and provide an example of how innovative organisational practices can help to facilitate effective interprofessional communication.

1998 ◽  
Vol 4 (S2) ◽  
pp. 490-491
Author(s):  
Henry C. Lee

Microscopy is of vital importance in the real world of the forensic scientist. In today's society, physical evidence is critical to the criminal justice system for the detection, investigation and prosecution of criminal acts. A trail of microscopic fibers led investigators in Atlanta to the conviction of the serial killer, Wayne Williams. Flecks of paint on a hit-run victim, analyzed microscopically, can be compared with the paint on a suspect vehicle to exclude or match it to the crime. The forensic firearms examiner compares the microscopic striations on a bullet to match it to the gun it was fired from. Microscopes are used throughout the modern forensic laboratory. They are essential in searching for evidence. They aid the examiner in identifying and comparing trace evidence. As the scales of justice symbolize forensic science, microscopes symbolize the trace evidence examiner.Because of the variety of physical evidence, forensic scientists use several types of microscopes in their investigations.


Author(s):  
Filip Mirić

The Book Forensic Evidence: Science and the Criminal Law is intended to serve as an introductionand guide to the appreciation and understanding of the significant historical, contemporary, and future relationship between the world of the forensic sciences and the criminal justice system. This book is not intended to be a close study of forensic science, nor was it ever conceived as becoming one. It is devoted to a study of the judicial response to uses of forensic science in all phases of criminal procedure. The audience to which this study is directed are those intimately or potentially involved in that relationship: police, forensic scientists, prosecutors, defense lawyers, and professors and students- future lawyers.


2018 ◽  
Vol 58 (2) ◽  
pp. 122-134
Author(s):  
John Oladapo Obafunwa ◽  
Oluwatomi Ajayi ◽  
Mathias I Okoye

Medical evidence has continued to be given and evaluated in Nigerian courts since Nigeria’s independence from Britain. The attitudes of the courts have been largely varied against a background of the individual judge’s appreciation of forensic science and who should be considered an expert witness. The prosecution and defence lawyers equally display limited knowledge of forensic science. This paper reviews some of the decided cases, the reasons for the verdicts, forensic concerns and recommendations for the improvement of the criminal justice system. There is need to improve the knowledge base of the bar and the bench.


2015 ◽  
Vol 370 (1674) ◽  
pp. 20150062 ◽  
Author(s):  
Éadaoin O'Brien ◽  
Niamh Nic Daeid ◽  
Sue Black

We are at a critical juncture for the forensic sciences. A number of high-profile reports and a growing body of literature question and critically reflect on core issues pertaining to the methodologies informing forensic science and their effective use within the criminal justice system. We argue for the need for an improved association and outline key areas that require attention from practitioners operating within the fields of both forensic science and law.


1971 ◽  
Vol 54 (4) ◽  
pp. 906-914 ◽  
Author(s):  
James E Starrs

Abstract There is a definite need for standardization in the obligations of an ethical and moral character imposed upon the forensic scientist both prior to and during the trial. The responsibilities of the forensic scientist as a quasiimpartial witness or as a witness for either of the contending sides are analyzed with particular references to actual cases, some of which have drawn the attention of the courts in lengthy judicial opinions. Certain rough standards are proposed with particular instances in mind. In addition, more generalized criteria are suggested which should bind the activities of the forensic scientist in the criminal justice system. The matter of tactics and strategy is evaluated in connection with the description of ethical and moral norms to guide the forensic scientist, Use of the Microscope in Criminalistics


2015 ◽  
Vol 370 (1674) ◽  
pp. 20140264 ◽  
Author(s):  
Ate Kloosterman ◽  
Anna Mapes ◽  
Zeno Geradts ◽  
Erwin van Eijk ◽  
Carola Koper ◽  
...  

In this paper, the importance of modern technology in forensic investigations is discussed. Recent technological developments are creating new possibilities to perform robust scientific measurements and studies outside the controlled laboratory environment. The benefits of real-time, on-site forensic investigations are manifold and such technology has the potential to strongly increase the speed and efficacy of the criminal justice system. However, such benefits are only realized when quality can be guaranteed at all times and findings can be used as forensic evidence in court. At the Netherlands Forensic Institute, innovation efforts are currently undertaken to develop integrated forensic platform solutions that allow for the forensic investigation of human biological traces, the chemical identification of illicit drugs and the study of large amounts of digital evidence. These platforms enable field investigations, yield robust and validated evidence and allow for forensic intelligence and targeted use of expert capacity at the forensic institutes. This technological revolution in forensic science could ultimately lead to a paradigm shift in which a new role of the forensic expert emerges as developer and custodian of integrated forensic platforms.


2015 ◽  
Vol 1 (4) ◽  
pp. 195-206 ◽  
Author(s):  
Roberta Julian ◽  
Sally F. Kelty

Purpose – The purpose of this paper is to identify and discuss key risk factors in the use of forensic science in the criminal justice system by adopting a holistic and systemic approach that examines the collection and use of forensic evidence from crime scene to court. Design/methodology/approach – The research on which the paper is based was a mixed-method five-year study of the effectiveness of forensic science in the criminal justice system in Australia using qualitative and quantitative methods. The paper draws on the in-depth analysis of qualitative data from 11 case studies of investigations of serious crime to identify key risk factors in the use of forensic science from crime scene to court. Findings – Six key risk factors in the forensic process from crime scene to court are identified: low level of forensic awareness among first responders; crime scene examiners (CSEs) as technicians rather than professionals; inefficient and/or ineffective laboratory processes; limited forensic literacy among key actors in the criminal justice system; poor communication between key actors in the criminal justice system; and, financial resources not directed at the front end of the forensic process. Overall the findings demonstrate that forensic science is not well embedded in the criminal justice system. Practical implications – The paper suggests that the risks inherent in the current practice of forensic science in the criminal justice system can be reduced dramatically through: forensic awareness training among first responders; the professionalisation of CSEs; continued improvements in efficiency and effectiveness at the laboratory with a focus on timeliness and quality; greater forensic literacy among actors in the criminal justice system; appropriate avenues of communication between agencies, practitioners and policymakers in the criminal justice system; and increased allocation of resources to the front end of the forensic process. Originality/value – By adopting a holistic, systemic approach to the analysis of forensic science in the criminal justice system, and identifying inherent risks in the system, this paper contributes to the emerging body of research on the social processes that impact on the effectiveness of forensic science.


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