Title: Ethics in Forensic
1Ethics in Forensic Science
- Ethics and evidentiary law in forensics
- By- Mr. A/Aziz Ahmed(Sunabdi)
- (BSc, PGD, and MSc)
- May.2023
2CHAPTER 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
3Ethics 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
8Duty-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
9Moors 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.
14The 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
19Character 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
20Good 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
21Bad 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
24Role 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
28Research 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
29Ethical 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.
31Ethical 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
321. 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
33Forms 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.
34Protecting against plagiarism
- Always acknowledge the sources and contributions
to your ideas. - 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. - Acknowledge every source you use in writing,
whether you paraphrase it, summarise it, or quote
it directly. - 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. - Do not copy sections of your previously published
work into a new manuscript without citing the
publication and using quotation marks
352. 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
38Appropriate 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.
41Forensic 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
43The 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.
44What 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.
45What 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
46Why 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 - .
47Crime 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
49Admissibility 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
52Forensic 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.
53Litigation 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
55Modern 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
56The 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?
58Forensic 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.
65- 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.
66Fraud 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).
67- This is all about the BS Assignment
- Thank you for the time you have with us!!!