May, 2009

Ethical Issues in Forensic Science: Ethical Issues in Forensic Science:

A Mock Trial DebateA Mock Trial Debate ( (A Three Hour Lecture

Presentation)

Dr. John Wang of Forensic Science Dr. John Wang of Forensic Science Dept. of Criminal JusticeDept. of Criminal Justice

California State University-Long Beach California State University-Long Beach May, 2009

1. Logical Matrix for Forensic 1. Logical Matrix for Forensic Ethics Ethics

Ethical Standard in Forensic Science

Ethical Standard in Criminal Justice

Ethical Standard in Business

Ethical Standard in Science

2. Violation Spectrum

Criminal Violation

Ethical Violations

Misconduct/Misbehavior

Personal/ProfessionalEthical Standard

3. Three Basic Definitions1) Definition of Ethics• The rules of conduct recognized in respect

to a particular class, group, culture or human action etc.: medical ethics, Christian ethics

2) Definition of Forensic Sciences The application of scientific principles and

practices to the adversarial process where guilt or innocence is determined in court.

3) Components of Ethics• a. Provide written rules of professional

conduct;• b. Specify an ethical violation; • c. Decide consequences of that violation.

4. Comparison of Legal, Ethical, & Moral Standards

Legal StandardLaws and regulations a social

member must abide by.Legal Requirement

Ethical Standardhigh standard of honesty &

honorable conduct withmethods of reinforcement

Professional Requirement

Moral StandardGenerally accepted customsof conduct in a given society

Personal Choice

5. Ethical Standard in C.J. Community, Professional

Organizations, & Agencies

Ethical Standardsin Criminal Justice Community

Working definition of ethical standards

by professional organizations

Working definition of ethical standards

by agencies

6. Common Ethical Issues1) Misrepresenting qualifications or

credentials

2) Pressured testimony (adrenaline factor)

3) Omitting unfavorable information

4) Lying about the knowledge of the evidence planted

5) Falsifying the data or notes 6) Biased examination

7. Ethical Issues at Agency Level 7) Discrepancies in ethical

guidelines8) Determination of ethical

violations9) Lack of specific training on

unethical situations10) Need for a disciplinary

Forensic Ethics

8. Highlights of Ethical Standards 1)1) Accurate representation of Accurate representation of

qualificationsqualifications2)2) Maintain the integrity of the evidenceMaintain the integrity of the evidence3)3) True and accurate representation of True and accurate representation of

datadata4)4) Clear and complete documentationClear and complete documentation5)5) Impartiality of the examinationImpartiality of the examination6)6) Impartiality of testimonyImpartiality of testimony7)7) Confidentiality and disclosureConfidentiality and disclosure8)8) Reporting of colleagues who violate Reporting of colleagues who violate

the profession’s ethical code. the profession’s ethical code.

9. Three Simulated Situations9. Three Simulated Situations1) You arrive at a crime scene and find out it

is the house of your wife’s ex-husband and you have a long history of conflict in the past five years. Is it ethical for you to continue on the case?

““No, I would excuse myself from the case mainly to avoid No, I would excuse myself from the case mainly to avoid

appearanceappearance of impropriety.” of impropriety.”

“Yes, so long as I can explain my conflict of interest to my supervisor, and let him decide.”

““Yes, so long as I can separate the personal issue and Yes, so long as I can separate the personal issue and

not let it effect my judgment.”not let it effect my judgment.”

* Class vote and explain why

2) The defense attorney made a mistake in defending the case on a DNA data and would lose the case for sure. Do you have an obligation to correct him?

““No, each side will use findings in the manner in which No, each side will use findings in the manner in which they see fit. I can't change that, such is the nature of they see fit. I can't change that, such is the nature of the beast.”the beast.”

“Yes, if the statement is misleading or in error, as a scientist I must try to rectify the situation because a scientist can't knowingly let misleading or erroneous testimony stand.”

“Yes, I will inform my supervisor of it and let him decide.”

* Class vote and explain why

3) If you know your partner has falsified some data on a test you did together, would you report it to your supervisor?

“Yes, otherwise I could be part of it.”

“No, I am not the supervisor.”

“Depend on the nature of the consequences and/or misconduct”

* Class vote and explain why

10. Student Group Discussion

1) Write down the ethical issues you have observed from various cases;

2) Based on whose ethical standard, you decide if it is an unethical practice;

3) Any gray areas where it is difficult to decide.

11. A Special Issue: The Adrenaline Factor

1) Definition: The emotion caused by the heat of a cross-examination and the testimony to defend what is beyond one’s ability and capacity.

2) Explain some causal factors for this phenomenon.

3) What are your suggestion to prevent or reduce the phenomenon.

12. Cases in Point 12. Cases in Point Three Selected Landmark CasesThree Selected Landmark Cases

1) O.J. Simpson Case1) O.J. Simpson Case

2) Phi Spector Case2) Phi Spector Case

3) J.F.K Case 3) J.F.K Case

13. The Mock Trial Debate on O. J. Simpson Case (30 Minutes)

1) Watch a DVD on the O.J. Simpson case;

2) Ask the students to choose one of the groups. The Jury Group

The Prosecutor Group The Attorney Group

14. Ethical Issues Identified in the Case

1) Mishandling of the crime scene processing;

2) Blood evidence left in a hot van for over three hours;

3) Blood missing from the evidence chain of custody;

4) Two key forensic workers were found lying in court about their mishandling the crime scene.

15. The Mock Trial Debate1) The Prosecutor group introduce its

argument;2) The Defense group introduce its

counter-argument;3) The Jury group state its opinion.

The professor summarizes the ethical violations in the case.

16. Case Example: A Real Case (15 Minutes)

1) Lead Analysis of Bullets (DVD case)

Expert on lead analysis of bullets became upset at being frequently challenged in court by a former colleague.

17. Solutions

1) Understand the discrepancies amongForensic Community, Discipline/Field, and Agencies

2) Provide Proactive Training Classes for New Hires and In-Service Personnel

3) Discuss Real Cases and Simulated Situationsthrough “”what-ifs” or real case studies

18. The Policy Recommendations

Ask the class to suggest three policy recommendations

1)

2)

3)

19. Main Bibliographies19. Main BibliographiesInman, K. & N. Rudin (2000). Principles and Inman, K. & N. Rudin (2000). Principles and

practice of criminalistics. New York, NY: practice of criminalistics. New York, NY: CRP Press.CRP Press.

James, S., & Nordby, J. (Eds.) (2002). Forensic science. New York, NY: CRC Press.

Wecht, C. Eds.) (2006). Forensic science and Forensic science and law. law. New York, NY: CRC Press.

20. Related Bibliographies20. Related BibliographiesAshbaugh, D. (1999). Ashbaugh, D. (1999). Quantitative-qualitative friction ridge Quantitative-qualitative friction ridge

analysis. analysis. New York, NY: CRC Press.New York, NY: CRC Press.Butler, J. (2005). Butler, J. (2005). Forensic DNA typingForensic DNA typing. (2nd), San Diego: Elsevier . (2nd), San Diego: Elsevier

Academic Press. Academic Press. Butler, J., & Becker, C. (2001). Butler, J., & Becker, C. (2001). Improved analysis of DNA short Improved analysis of DNA short

tandem repeats with time-of-flight mass spectrometry. tandem repeats with time-of-flight mass spectrometry. Washington, DC: U.S. Department of Justice. Washington, DC: U.S. Department of Justice.

Clark, F., Diliberto, K., & Vernon, J. (Eds.) (1996). Clark, F., Diliberto, K., & Vernon, J. (Eds.) (1996). Investigating Investigating computer crimecomputer crime. New York, NY: CRC Press.. New York, NY: CRC Press.

Collins, C. (2001). Collins, C. (2001). Fingerprint science. Fingerprint science. Incline Village, NV:Incline Village, NV: Copperhouse Publishing Company.Copperhouse Publishing Company.

Coppock, C. (2001). Coppock, C. (2001). Contrast: An investigator’s basic reference Contrast: An investigator’s basic reference guide toguide to

• ingerprint identification conceptsingerprint identification concepts. Springfield, Ill: Charles C. . Springfield, Ill: Charles C. Thomas Publisher. Thomas Publisher.

Cowger, J. (1993). Cowger, J. (1993). Friction ridge skin: Comparison and Friction ridge skin: Comparison and identification of identification of

• fingerprintsfingerprints. New York, NY: CRC Press. . New York, NY: CRC Press. Federal Bureau of Investigation (1990)Federal Bureau of Investigation (1990). The science of . The science of

fingerprintsfingerprints. Washington, D.C.: U.S. Government Printing Office.. Washington, D.C.: U.S. Government Printing Office.Fisher, B. (2004). Fisher, B. (2004). Crime scene investigationCrime scene investigation. New York, NY: CRC . New York, NY: CRC

Press. Press.

Fletcher, P. (1998). Basic concepts of criminal law. Oxford: Oxford University Press.

Hall, E. (1996). Criminal law and procedure. Belmont, CA: Delmar Publishing.

Gaensslen, R., Harris, H., & Lee, H. (2007). Introduction to forensic science and criminalistics. Boston: McGraw Hill.

Isenberg, A. (1999). Mitochondrial DNA analysis at the FBI laboratory. Forensic Science Communications,1, 1-10.

Iseberg, A. (2002). Forensic mitochondrial DNA analysis: A different crime-solving tool. FBI Law Enforcement Bulletin, 71.

Rudin, N., & Inman, K. (2002). An introduction to forensic DNA analysis. (2nd), New York, NY: CRC Press.

Saferstein, R. (2007). Criminalistics. Upper Saddle River, NJ: Prentice Hall.

Sigel, L. (2007). Forensic science. New York, NY: Taylor & Francis.

TWGMFFI Members. (2005). Mass fatality incidents: A guide for human forensic identification. Washington, DC: U.S. Department of Justice.