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Title: Ethics in Forensic


1
Ethics in Forensic Science
  • Ethics and evidentiary law in forensics
  • By- Mr. A/Aziz Ahmed(Sunabdi)
  • (BSc, PGD, and MSc)
  • May.2023

2
CHAPTER FIVE
BASICS in ETHICS
  • Objective of the chapter
  • At the end of this chapter the audience will be
    able to-
  • Understanding of basic ethics what ethics is,
    theory of ethics, types of ethics, and the good
    and bad ethical behaviors of investigators, will
    be acquired

3
Ethics and Ethical Theories
  • Ethics are defined as a set of moral obligations
    that define the principles of right and wrong
    conduct in a community or profession, and which
    can be used by individuals to guide their choices
    and behaviors.
  • ETHICS is a branch of philosophy that addresses
    questions about morality, that is, concepts like
    good and bad, right and wrong, justice and
    injustice, and virtue and evil.
  • The definition as set out above can be applied at
    three different levels, with different
    consequences
  • 1. Personal ethics
  • 2. Group ethics
  • 3. Professional ethics

4
  • 1. Personal ethics means the morals, values and
    beliefs of the individual.
  • It can be positively and negatively influenced,
    both through experience and education, and
    training.
  • 2. Group ethics is development of group
    behavior, sub-cultural patterns which cause
    subsequent pressure on new group members.
  • This group behavior can lead to the discrediting
    /harm the reputation/ of an entire organization.

5
  • 3. Professional ethics a codified set of rules
    of behavior for members of a particular
    profession.
  • Many professions and communities have formalized
    ethical codes to guide professionals in their
    field
  • The Hippocratic Oath doctors should do not
    harm to their patients.
  • Professional engineers code of ethics hold
    paramount the safety, health, and welfare of the
    public.
  • First law of robotics A robot may not injure a
    human being.

6
  • A breach of ethics is considered a very serious
    offence punishable within the profession and
    sometimes also by law
  • kinds of ethical theories
  • Consequence-based
  • Duty-based
  • Moors Just-Consequentialist Theory

7
  • Consequence-based Theory
  • Espoused by Jeremy Bentham and John Stuart Mill
  • Maximization of good
  • Principle of social utility
  • Ability to measure social utility
  • Act utilitarianism
  • Act should bring about greatest good for
    greatestnumber
  • As long as good outweighs bad, no problem
  • Rule utilitarianism
  • Consequences of rules, not acts

8
Duty-based (deontological) theories
  • Immanuel Kant
  • Performance of duty doesn't necessarily lead to
    happiness
  • Humans are rational creatures
  • Humans are ends-in-themselves
  • Humans have equal moral worth
  • Treat individuals as ends, not means
  • Act as though you would want your principle to be
    a universal law

9
Moors Just-Consequentialist Theory
  • Combines elements of consequence-based,
    duty-based, and virtue ethics
  • Prevent harm, support justice, rights, and duties
  • Moors Ethical Framework of Just -Consequentialism
  • A two-step strategy1. Deliberate/discuss over
    various policies from an impartial point of view
    to determine whether they meet the criteria for
    being ethical policies.
  • A policy is ethical if it a. does not cause
    any unnecessary harms toindividual groups b.
    supports individual rights, the fulfilling of
    duties, etc

10
  • 2. Select the best policy from the set of just
    policies arrived at the deliberation stage by
    ranking ethical policies in terms of benefits and
    justifiable(harms).
  • In doing this, be sure to
  • a. weigh carefully between the good
    consequences and the bad consequences in the
    ethical policies and b. distinguish between
    disagreements about facts and disagreements about
    principles and values, when deciding which
    particular ethical policy should be adopted
    (Knowledge about the facts surrounding a
    particular case should inform the decision-making
    process.)

11
  • 3.2 Code of conduct for law enforcement
    officials
  • The CCLEO consists of eight articles. (UN in its
    resolution 34/ 169 of 17 December 1979)
  • It is not a treaty but the category of
    instruments that offer authoritative guidance to
    governments on issues related to human rights and
    criminal justice.
  • Article1 states that LEOs shall at all times
    fulfill the duty imposed upon them by law
  • Article 2 LEOs, in the performance of their
    duty, to respect and protect human dignity and
    maintain and uphold the human rights of all
    persons.
  • Article 3 limits the use of force by LEOs to
    situations where it is strictly necessary and to
    the extent required for the performance of their
    duty.

12
  • Article 4 states that matters of a confidential
    nature in the possession of LEOs shall be kept
    confidential, unless the performance of duty or
    the needs of justice strictly require otherwise.
  • The nature of law enforcement duties places LEOs
    in apposition where they may obtain information
    relating to the private life of individuals, or
    information that could be harmful to the
    interests or reputation of others.
  • The disclosure of such information other than for
    the needs of justice or the performance of duty
    is improper and law enforcement officials must
    refrain from making any such disclosure.

13
  • Article 5 reiterates the prohibition of torture
    or other cruel, inhuman or degrading treatment or
    punishment.
  • Art 6 relates to the duty to protect the health
    of persons deprived of their liberty and provide
    medical care whenever necessary.
  • Art 7 forbids LEOs to commit any act of
    corruption and enjoins them to rigorously oppose
    and combat any such act.
  • Art8 is the closing provision urging LEOs to
    respect the law.

14
The National Code of Professional Responsibility
for Forensic Science
  • In 2010, the Education, Ethics, and Terminology
    Inter-Agency Working Group (EETIWG) of the
    National Science and Technology Councils
    Subcommittee on Forensic Science developed a
    National Code of Ethics and Professional
    Responsibility for the Forensic Sciences
    (NCEPRFS).
  • forensic service provider must meet the
    requirements enumerated below
  • Accurately represent his/her education, training,
    experience, and areas of expertise.
  • Pursue professional competency through training,
    proficiency testing, certification, and
    presentation and publication of research findings

15
  • 3. Commit to continuous learning in the forensic
    disciplines and stay abreast of new findings,
    equipment and techniques.
  • 4. Promote validation and incorporation of new
    technologies, guarding against the use of
    non-valid methods in casework and the
    misapplication of validated methods.
  • 5. Avoid tampering, adulteration, loss, or
    unnecessary consumption of evidentiary materials.
  • 6. Avoid participation in any case where there
    are personal, financial, employment-related or
    other conflicts of interest

16
  • 7. Conduct full, fair and unbiased examinations,
    leading to independent, impartial, and objective
    opinions and conclusions.
  • 8. Make and retain full, contemporaneous, clear
    and accurate written records of all examinations
    and tests conducted and conclusions drawn, in
    sufficient detail to allow meaningful review and
    assessment by an independent person competent in
    the field.
  • 9. Base conclusions on generally-accepted
    procedures supported by sufficient data,
    standards and controls, not on political pressure
    or other outside influence.

17
  • 10. Do not render conclusions that are outside
    ones expertise.
  • 11. Prepare reports in unambiguous terms, clearly
    distinguishing data from interpretations and
    opinions, and disclosing all known associated
    limitations that prevent invalid inferences or
    mislead the judge or jury.
  • 12. Do not alter reports or other records, or
    withhold information from reports for strategic
    or tactical litigation advantage.
  • 13. Present accurate and complete data in
    reports, oral and written presentations and
    testimony based on good scientific practices and
    validated methods.

18
  • 14. Communicate honestly and fully, once a report
    is issued, with all parties (investigators,
    prosecutors, defense attorneys, and other expert
    witnesses), unless prohibited by law.
  • 15. Document and notify management or quality
    assurance personnel of adverse events, such as an
    unintended mistake or a breach of ethical, legal,
    scientific standards, or questionable conduct.
  • 16. Ensure reporting, through proper management
    channels, to all impacted scientific and legal
    parties of any adverse event that affects a
    previously issued report or testimony

19
Character of criminal Investigator
  • 3.1 Good characteristics of a Criminal
    investigator
  • good characteristics.
  • Honesty
  • Loyal to the constitution and other laws
  • Respect human right
  • Good moral and ethical standards
  • Integrity
  • Courage

20
Good character
  • Impartial or fair
  • Devoted to his/her profession
  • Democratic attitude
  • Law abiding in enforcement
  • Imaginative
  • Creative
  • Persistent
  • Self-discipline
  • Knowledge of the law, etc

21
Bad characteristics of an investigator
  • Seeking profit by victimizing others
  • Assuming other people exist for him only to be
    used for his own advantage
  • Whatever he may have been taught that about right
    and wrong has nothing to do with the conduct of
    his life
  • Brutality the excessive or unreasonable use of
    force in dealing with suspects and offender or
    citizens

22
  • Shakedowns the practice of appropriating
    expensive items for personal use during an
    investigation of a break-in, burglary or unlocked
    door and attributing their lose to criminal
    activity
  • Perjury testifying in court falsely and attempts
    to circumvent ( to find a way of overcoming or
    avoiding) the rules

23
  • Abuse of authority the tremendous power and
    discretion given to the police provide numerous
    opportunities for the police to abuse their power
    or authority. For example, on article 28 of the
    CPC, the police have vested the power to release
    on bail relying on certain preconditions.
  • Other misconducts like rudeness, racism,
    corruption, violence, mistreating victims,
    suspects, witnesses and others, conducting
    coercive interviews that are physical or
    psychological coercion

24
Role of Attorney(Lawyers)
  • Attorney shall at all times maintain the honor
    and dignity of their profession as essential
    agents of the administration of justice.
  • The duties of lawyers towards their clients shall
    include
  • (a) Advising clients as to their legal rights and
    obligations, and as to the working of the legal
    system in so far as it is relevant to the legal
    rights and obligations of the clients
  • (b) Assisting clients in every appropriate way,
    and taking legal action to protect their
    interests
  • (c) Assisting clients before courts, tribunals or
    administrative authorities, where appropriate.

25
  • Attorney, in protecting the rights of their
    clients and in promoting the cause of justice,
    shall seek to uphold human rights and fundamental
    freedoms recognized by national and international
    law and shall at all times act freely and
    diligently in accordance with the law and
    recognized standards and ethics of the legal
    profession.
  • Lawyers shall always loyally respect the
    interests of their clients
  • ATTORNEY MISCONDUCT
  • Is behavior by an attorney that conflicts with
    established rules of professional conduct and is
    punishable by disciplinary measures

26
  • Attorney misconduct may include 
  • making statements outside of court in an attempt
    to influence a proceeding.
  • refusing to represent a client for political or
    professional motives,
  • false or misleading statements, knowingly
    accepting worthless lawsuits, hiding evidence,
    abandoning a client, failing to disclose all
    relevant facts, arguing a position while
    neglecting to disclose prior law which might
    counter the argument, or having sex with a client
  • Eg. Duke Lacrosse case,2006
  • Fedral prosecutors, 2007

27
CHAPTER SIX
ETHICS IN FORENSIC SCIENCSE
  • Objective of the chapter
  • At the end of this chapter the audience will be
    able to-
  • Understand research ethics in science, ethical
    consideration for scientific conduct
  • Know fundamental ethical principle for scientific
    writing(research)
  • Acquire the concept of Ethics in Forensic Science

28
Research Ethics in Science
  • Ethics in Science is maintaining honesty and
    integrity in all stages of scientific conduct.
  • includes all aspects of scientific activity, such
    as experimentation, testing, education, data
    collection, data analysis, data storage, data
    sharing, peer review, etc.
  • Also other activities that have a direct bearing
    on science, such as government funding or
    staffing of research teams

29
Ethical considerations for scientific conduct
  • All behaviors involved in the research process,
    such as developing a theory, collecting data, and
    testing hypotheses, are subject to ethical
    considerations, codified and uncodified.
  • Research involving human subjects in institutions
    that receive federal research funding must
    receive ethical clearance by an independent
    review board.
  • IRB(Institutional Review Board) must approve any
    research with human subjects before it is
    initiated.

30
  • An IRB evaluates
  • the extent to which participation in a study
  • is voluntary,
  • does not exert physical or psychological stress,
    and
  • not cause other kinds of damage to participants
  • whether participants must give consent regarding
  • how their data will be used
  • how their data will be reported
  • how the data will be protected in terms of
    anonymity or confidentiality
  • whether participants have the right to withdraw
    from participation at any time.
  • how data is stored and analysed
  • Involves ownership, storage and backup, privacy,
    confidentiality, access, and reuse.

31
Ethical considerations for scientific writing
  • A subset of ethical issues in scientific conduct
    that relates only to the reporting of research
  • Very important part of scientific ethics because
    it is typically only through reported research
    that an ethical issue is revealed
  • we typically cannot learn about data fabrication
    or amendment until those data are disclosed.
  • We cannot identify a lack of attribution of
    credit until an unnamed contributor sees it in
    writing

32
1. Plagiarism
  • the wrongful appropriation, close imitation, or
    purloining and publication of another authors
    language, thoughts, ideas, or expressions and
    their representation as ones own work.
  • the act of passing off someone else's work as
    your own, whether intentionally or
    unintentionally.
  • The most common form of scientific misconduct

33
Forms of plagiarism
  • Intentional plagiarism
  • a writer knowingly lifts text directly from other
    authors work without giving appropriate credit.
  • Duplicate publication
  • an author submits for publication a previously
    published work as if it were original.
  • Self-plagiarism
  • a writer copies large parts of an earlier
    manuscript word for word into a new manuscript.
  • can occur when individuals pursue large programs
    of research over many years on the same topic, so
    they are constantly building on their own work
    and in their own language.

34
Protecting against plagiarism
  1. Always acknowledge the sources and contributions
    to your ideas.
  2. Enclose in quotation marks any passage of text
    that is directly taken from another authors work
    and acknowledge that author in an in-text
    citation.
  3. Acknowledge every source you use in writing,
    whether you paraphrase it, summarise it, or quote
    it directly.
  4. When paraphrasing or summarising other authors
    work, reproduce the meaning of the original
    authors ideas or facts as closely as possible
    using your own words and sentence composition.
  5. Do not copy sections of your previously published
    work into a new manuscript without citing the
    publication and using quotation marks

35
2. Recognition of co-author contributions
  • Concerns the appropriate acknowledgement (not too
    much or too little) of collaborators substantial
    contributions to a piece of scholarly work.
  • An ethical issue that appears frequently in
    scientific work because collaboration is the
    norm, not the exception.
  • Working alone means less productivity
  • Working alone means having to do every thing well
  • Collaboration means sharing workload,
    complementing skills, broadening the domain of
    interest

36
  • Making co-authorship decisions is important
    because on the one hand co-authorship confers
    credit to individuals for their contribution to
    academic tasks, which can have academic, social,
    and financial implications but on the other
    hand, co-authorship also implies responsibility
    and accountability for published works.
  • Recognizing co-author contributions
    appropriately be difficult to deal with because
    the correct attribution of credit sounds easy but
    is hard to identify in practice

37
  • Ethical issues relating to co-authorship
  • Coercion authorship
  • occurs when intimidation is used to gain
    authorship credit, such as when a senior person
    pressures a more junior person to include the
    senior persons name on a paper to which he or
    she has not contributed enough to qualify for
    authorship.
  • Gift authorship
  • Occurs when individuals are given recognition as
    co-authors without having made substantial
    contributions, often for reasons like
    acknowledging friendship, gaining favour, or
    giving the paper more legitimacy by adding
    well-known senior researchers to the list of
    authors

38
Appropriate use of language
  • Refers to the wording of scientific reports so
    they are not biased in terms of gender, race,
    orientation, culture, or any other
    characteristics.
  • Stipulates using gender-responsible,
    ethnicity-responsible, and inclusive language
    wherever possible.
  • Guidelines
  • Specificity
  • describe specific behaviors rather than
    stereotypes e.g., calling a behavior dominant
    and opinionated instead of typically male.
  • Labelling
  • Refer to concrete labels rather than abstract
    class tags, e.g., referring to countries
    populationsMexicans or Chineseinstead of
    classes like Hispanics or Asians
  • Professional acknowledgments
  • Use professional classifications, not personal
    labels, like medical practitioner or doctor
    instead of female doctor.

39
  • The following are Six Fundamental Ethical
    Principles for Scientific Research
  • Scientific honesty
  • Scientists should not commit scientific fraud by,
    for example, fabricating, fudging, trimming,
    cooking, destroying, or misrepresenting data.
  • Carefulness
  • Scientists should avoid careless errors and
    sloppiness in all aspects of scientific work
  • Intellectual freedom
  • Scientists should be free to pursue new ideas and
    criticize old ones and conduct research on
    anything they find interesting

40
  • Openness
  • Whenever possible, scientists should share data,
    results, methods, theories, equipment, and so on
    allow people to see their work and be open to
    criticism
  • Attribution of credit
  • Scientists should not plagiarise the work of
    other scientists. They should give credit where
    credit is due but not where it is not due.
  • Public responsibility
  • Scientists should report research in the public
    media when the research has an important and
    direct bearing on human happiness and when the
    research has been sufficiently validated by
    scientific peers.

41
Forensic Scientist Ethics
  • Forensic Science is the study and application of
    science to matters of law (criminal and civil)
  • Includes the business of providing
    timely,accurate, and thorough information to all
    levels of decision makers in our criminal justice
    system
  • Also called criminalistics
  • As with other witnesses, forensic scientists
    obliged to tell the truth.
  • It must attempt to state facts without distortion
  • Omission of relevant information (statistics)
  • Allowing incorrect inferences to be made
  • A witnesss expertise allows them to properly
    present the evidence

42
  • It applies the principles and techniques of the
    physical and natural sciences to the analysis of
    the many types of evidence that may be recovered
    during a criminal investigation.
  • May also provide expert court testimony Known as
    an expert witness
  • expert witness is Individual whom the court
    determines possesses knowledge relevant to the
    trial

43
The Role of the Forensic Examiner
  • A forensic examiner refers to any professional
    who examines and interprets physical evidence
    with the expectation of courtroom testimony.
  • Forensic examiners analyze evidence in a
    scientific manner to interpret the results
    objectively and report their findings faithfully.
  • Forensic examiners employ the physical evidence
    as a tool to sift out case theories that can
    either be supported or refuted, and report this
    to the decision makers.
  • The first onus of the forensic examiner is to
    establish the objective facts of a case as
    determined by a scientific examination of the
    evidence.
  • Forensic examiners educate investigators,
    attorneys, courts, and juries with findings. They
    do not have an investment in the outcome.

44
What are some common ethical standards for
forensic scientists to follow?
  • Accurate representation of qualifications
  • Maintain the integrity of the evidence
  • True and accurate representation of data
  • Clear and complete documentation
  • Impartiality of the examination
  • Impartiality of testimony
  • Confidentiality and disclosure
  • Reporting of colleagues who violate the
    professions ethical code.

45
What are some common ethical issues for forensic
scientists?
  • Misrepresenting qualifications or credentials
  • Pressured testimony (adrenaline factor)
  • Omitting unfavorable information
  • Lying about the knowledge of the evidence planted
  • Falsifying the data or notes
  • Biased examination

46
Why do you think forensic scientists mishandle,
manipulate, or misrepresent evidence?
  • Own personal agenda
  • Pressure from agencies in control of crime lab
    most crime labs controlled by government agency
    so would be on prosecutors side
  • .

47
Crime Scene
  • A crime scene is any physical scene, anywhere,
    that may provide potential evidence to an
    investigator.
  • It may include a persons body, any type of
    building, vehicles, and objects found at those
    location.
  • Primary crime scene
  • secondary crime scene

48
  • The Crime Scene Team
  • A group of professional investigators,
    eachtrained in a variety of special disciplines
  • Team members include
  • First police officer on the scene
  • Medics (life supporter) if necessary,
  • Investigator(s)
  • Medical examiner
  • Photographer and/or Field Evidence Technician
  • Lab Experts

49
Admissibility of Evidence
  • In order for scientific evidence to be useful,
    the method must be reliable.
  • Two slightly varied tests are used to determine
    admissibility
  • Frye test (1923)
  • Is the scientific theory generally accepted in
    the scientific community?
  • Is the scientific method used generally accepted
    in the scientific community?
  • Has the technique been applied correctly?

50
  • Daubert test (1993)
  • Has the scientific theory or technique been
    tested?
  • Has the scientific theory or technique been
    subjected to peer review and publication?
  • What are the known or potential error rates of
    the theory or technique when applied?
  • Do standards and controls exist and are they
    maintained?
  • Has the theory or technique been generally
    accepted in the relevant scientific community?

51
CHAPTER SEVEN
EVIDENTIARY LAW IN FORENSIC
  • Objective of the chapter
  • At the end of this chapter audience will be able
    to-
  • Understand Forensic Science and the legal process
  • Understand probability in in Forensic science
  • Acquire the concept of Forensic result in the
    view of evidentiary law

52
Forensic Science and the legal process
  • When there is a criminal complaint, law
    enforcement investigators are responsible for
    conducting a criminal investigation.
  • To assist with this effort, it is necessary to
    examine the physical evidence.
  • Evidence generated through science is called
    forensic evidence
  • Forensic evidence is circumstantial evidence
  • E.g. Finding a suspects blood at a crime scene
    implies the suspect was also at the crime scene.

53
Litigation as history
  • There were three types of devices of crime
    investigation or detection under the old
    procedural law of Ethiopia. These were known as
  •  leba shay,
  • afarsata,(gathering to screen criminals ) and
  • the investigations undertaken by the market
    guards (arada zabagna) and secret guards
    (mistir zabagna)

54
  • Litigation, at its initial stage, was a voluntary
    and spontaneous form of arbitration.
  • A party to a dispute was entitled by law to call
    upon any passer-by to decide his case.
  • However, if a decision could not be obtained
    which was satisfactory to both parties, they
    would go to the regular court

55
Modern Steps in Pursuing Justice
  • If a crime is committed these are the steps
    totake while pursuing justice
  • Police investigate what happened
  • Information is collected
  • Crime scene is documented and searched
    forevidence
  • All info is assembled into a report and sent
    toDistrict attorney
  • Investigation continues until probable cause
    isestablished
  • An arrest warrant is issued for the suspect
  • The suspect is arrested
  • Individual is booked, fingerprinted,
    photographedand informed about his/her rights

56
The Miranda Rights
  • Before a law enforcement officer may question a
    suspect regarding the possible commission of a
    crime, he or she must inform the detainee about
    his or her Miranda rights, making sure the
    detainee understands them.
  • Warning of Rights
  • You have the right to remain silent and refuse
    toanswer questions
  • Anything you do or say may be used against you
    inthe court of law

57
  • You have the right to consult an attorney before
    speaking to the police and to have your attorney
    present during questioning now or in the future
  • If you cannot afford an attorney, one will be
    appointed for you before any questioning if you
    wish
  • If you decide to answer questions now without an
    attorney present, you will still have the right
    to stop answering at any time until you talk to
    an attorney
  • Knowing and understanding your rights as I have
    explained them to you, are you willing to answer
    my questions without an attorney present?

58
Forensic Science, Probability and the Law
  • In any forensic science investigation we need
    to deal with uncertainty
  • How likely is it that the recovered trace came
    from the suggested source?
  • - Fibers from a coat
  • - Paint on a jacket
  • - Hair from an individual
  • We need a way of assessing the likelihood of a
    specific event
  • Given the use to which our assessment is being
    put, it is desirable that our assessment is not
    wholly based on intuition.

59
  • Science of statistics refers to two distinct but
    linked areas of knowledge
  • - Counts, analysis of events, etc.
  • -Examination of uncertainty
  • We are interested in the second of these
  • We can define two types of probability
  • - Aleatory deduce from observation of a system
  • Ideal
  • - Epistemic induce from observation of a system
  • Real

60
  • Deduction - Conclusion from stated premises from
    the general to the specific
  • Induction - Deriving general principles from
    facts or instances specific to the general
  • In forensic science we are generally concerned
    with the likelihood of one specific event
  • Eg. What is the probability it will rain
    tomorrow? How might we arrive at that decision?
  • - Weather today, yesterday, this week, etc. -
    Month - Season - Last year - Etc. Some principle
    in Forensic..(If the weather today..)

61
  • A way of doing this is to consider two competing
    propositions for a particular event and then
    assess the probability of the observations in
    each case
  • We can then calculate a Likelihood Ratio (LR)
  • In forensic science we can frame propositions
    like these to consider trace evidence
  • What is the probability of the observations we
    have made (E) if the prosecution hypothesis (Hp)
    is correct and the suspect did leave the trace?
  • What is the probability of the observations we
    have made (E) if the defense hypothesis (Hd) is
    correct and the trace was left by a random other
    person?

62
  • In mathematical language the Likelihood Ratio
    (LR) is
  • P ( E /Hp )
  • LR
  • P ( E/ Hd )
  • Lets assume that the probability of making one
    particular observation if the prosecution
    hypothesis (Hp) is correct is 0.9
  • Therefore, the probability of making the same
    observation if Hd is true is 0.1
  • What is the LR?

63
  • LR 9
  • A LR which is greater than 1 indicates that the
    observations are more likely if Hp is true than
    Hd
  • Now lets assume that the probability of making
    one particular observation if the prosecution
    hypothesis Hp is correct is 0.5
  • Therefore, the probability of making the same
    observation if Hd is true is 0.5
  • What is the LR

64
  • LR 1
  • This means the evidence is of no assistance
  • It is equally likely to make the observations in
    each case
  • Forensic Result in the view of evidentiary law
  • Fruit of the poisonous tree doctrine is
    applicable for Forensic result.
  • The doctrine extends the exclusionary rule to
    make evidence inadmissible in court if it was
    derived from evidence that was illegally
    obtained.

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  • Making conclusions without considering other
    possible explanations because
  • Identical scientific results can be presented
    differently in court, so avoid being overly
    definitive or overly inconclusive
  • Example
  • The gun appeared to be 2.2 meters from the
    wall.
  • Problem
  • This is overly inconclusive. If it was measured
    to be 2.2 meters, just say that.

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Fraud Forensic result may occurs
  • Forensic fraud occurs when forensic examiners
    provide sworn testimony, opinions, or documents
    bound for court that contain deceptive or
    misleading information, findings, opinions, or
    conclusions, deliberately offered in order to
    secure an unfair or unlawful gain.
  • Forensic examiners can be cross-categorized as
    having used one or more of the three general
    approaches to committing fraud
  • Simulators those examiners who physically
    manipulate physical evidence or related forensic
    testing.
  • Dissemblers those examiners who exaggerate,
    embellish, lie about, or otherwise misrepresent
    findings.
  • Pseudoexperts those examiners who fabricate or
    misrepresent their credentials(expertise).

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  • This is all about the BS Assignment
  • Thank you for the time you have with us!!!
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