An Analysis of Ethical Issues in Forensic Science

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An Analysis of Ethical Issues in Forensic Science

6.4 – Forensic Science & Medical Jurisprudence


Academic Year: 2021-2022
Semester: VI

Submitted By -

Jidnyasa Kshirsagar
UID: - UG 19-55

Submitted To

Ms. Devyani Sharma


Assistant Professor of Law

&

Ms. Karishma B. Gavai


Assistant Professor of Law

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR


Table of Contents
Review of Literature..................................................................................................................3
Research Question......................................................................................................................3
Research Methodology...............................................................................................................3
Introduction................................................................................................................................3
Professional Vs Personal Ethics.................................................................................................5
Ethical dilemmas in forensic science.........................................................................................6
Objectivity in forensic science...................................................................................................7
Ethical dilemmas in forensic psychology..................................................................................8
Ethical dilemmas in forensic genetics......................................................................................12
Testing the samples/ using the results......................................................................................13
Access and retention of DNA samples.....................................................................................13
Misuse of genetic research in application of genetics to forensic sciences.............................13
Conclusion................................................................................................................................13
Review of Literature
To answer the project's research topic, the student will consult a variety of books, journals,
research papers, and legitimate websites. Students and professors have referenced to several
of the texts. The project also contains various dynamic blogs, as well as web sources and
preserves articles.

Research Question
1. What are Ethical dilemmas in forensic science?

2. What is the Objectivity in forensic science?

3. What are Ethical dilemmas in forensic psychology?

4. What are Ethical dilemmas in forensic genetics?

Research Methodology
To approach the study's objectives and research issues, which the researcher will be
discussing. And a thorough examination of the concerns surrounding the subject will be
carried out. The Researcher addressed the Research Methodology's doctrinal model. The
researcher looked into primary materials such as newspapers, books, and online sites. Many
academics, specialists, and professors participated in this study and contributed significantly
to it. E-resources were the primary source of information for the research, which allowed the
researcher to think more broadly about the issue by providing current news and pertinent case
law.

Introduction
Forensic science is that the interface of science Associate in Nursingd law wherever
principles of science are used for legal purposes. Hence, the ethics of forensic science are the
ethics referring to the appliance of science to law. rhetorical science has several moot moral
sides and forensic humans are usually encircled by difficult ethical disputes. There persists an
impulsive distinction between ethics and morals that permits them to avoid many ethical
dilemmas. Personal ethics or morals within the field of forensic science ask ‘the issues a
forensic scientist has, that are supported personal ethics (morals) or non secular
considerations which are not derived from skilled Associate in Nursingd/or scientific roles.
On the contrary, the professional ethics ask the codes or tips that regulate the professional and
scientific conduct that are additional basic compared to non-public ethics or morals.
(Weinstock et al. 2013). moral dilemmas in rhetorical science Siegal has classified ethical
dilemmas generally into six categories. i. skilled credentials These embrace untruth of the
credentials before the court of law. Misrepresentations include instructional degree
attainment (e.g. claiming an unearned Ph.D. or a degree was earned from a specific
establishment when, in fact, it had been not), professional licensures or certifications (e.g.
incorrectly claiming certification as a rhetorical medical specialist from the yank Board of
Pathology or a standard plan of action of equation having earned actual certification with
being board “eligible”), employment history and knowledge concerning previous testimonies
resembling variety of times, locations, and so forth most frequently this is often done to
impress the client, the choose or jury to keep at bay the challenges such as examination by
exaggerating the qualifications. because of lack of resources and fact-checking methods, such
exaggerations are rarely caught, and such acts are unethical and should be dissuaded. ii.
Laboratory analytical procedures Most laboratories have validated and well-established
protocols to be followed throughout tests of research additionally as recording these tests and
their results. Laboratories place priority within the implementation of such protocols but, not
up to often, such protocols aren't followed by the rhetorical human that is unethical.
Unethical problems embrace creating depleted or indiscriminate analysis, and analysis to suit
the written law. typically forensic scientists report the results while not even gap the
containers; a follow referred to as ‘dry-labbing’. Results and conclusions offered by forensic
scientists should be specific and clear.

In the courtroom, forensic scientists face many ethical dilemmas as they testify. Ethical
dilemmas associated with interpreting analytical data and providing testimony in court can
include forensic scientist bias, use of scientific jargon, use of confusing or misleading
testimony, excessive ambiguity, and advocacy. Another problem with forensic laboratories is
the way results and conclusions are reported. Some labs report results as low as
with no helpful or adequate explanations. In addition, the forensic scientist who performed
the analysis often does not even need to be present in court to testify.IV. Private Forensic
Scientists
An increasing number of private consulting practices have posed a serious threat to forensic
ethics. No disciplinary code can be applied to such private consultants. A member's
professional integrity is perhaps less of an issue in forensic science than in other professions
as we possess or perhaps suffer from the most stringent form of quality control in the form of
cross-examination in court where misconduct, omission or fraud is very likely
be revealed. Private counseling carries the highest risk of misconduct as there is less
oversight, less peer review and more financial incentives.v. Public Forensic Scientists
In the case of public forensic laboratories, it should be noted that they are not part of or
managed by local governments or local law enforcement agencies. This leads to the
development of a general perception that these labs are part of a local law enforcement
agency. In such a case, it is very important to preserve the autonomy of these laboratories in
order to maintain a high ethical basis.
sawDuties to the Forensic Science Profession and Maintaining Professional Skills
As scientists, investigators, and professionals, all forensic science professionals have an
innate responsibility and obligation to the forensic science profession to uphold the highest
ethical standards and values. Ethical dilemmas fall into three categories, namely failure to
keep up with recent advances and knowledge, misuse of competency tests, and continuation
of inappropriate educational practices.

Objectivity in forensic science

Applebaum (1997) pointed in his paper on ethics in forensic psychiatry that the simple
precept of ethics is telling the reality and distinguishes among subjective and goal reality
telling. Subjective reality telling is to kingdom what we agree with is real while the goal is to
understand the constraints of techniques used to attain conclusions. It consists of spotting the
constraints of our medical and expert information which has brought about deduction of
conclusions. It is goal to encompass literature in reviews which support, in addition to
contradicts our conclusions with a view to use the explanatory framework this is broadly
conventional through the medical community. In his treatise on standard psychotherapy,
Jasper (1997) differentiated among the goal and subjective phenomena; he diagnosed the goal
as ay educated observer in which they're perceived through our senses while the subjective
can't be perceived through feel organs. Norko (2005) said that the subjective detail of reality
telling includes the expert’s honesty while the goal detail pertains to his information and
testimony. Similarly, forensic scientists ought to continue to be goal even as accomplishing
conclusions that may be attained thru education and following a trendy moral code. The
moral forensic scientist is a scientist who strives to attain conclusions primarily based totally
on examinations finished with none bias or extending themselves past their competencies or
talents (Murdock and Holmes 1991). They ought to now no longer neglect about that
objectivity is their primary characteristic and they ought to take a look at all of the angles
earlier than accomplishing conclusion. They have duties toward the public, therefore, their
examinations and analyses ought to be responsible and goal (Murdock and Holmes 1991).
Ethical dilemmas in forensic psychology Shapiro (2016) underlined the subsequent moral
troubles after reviewing numerous moral codes gift throughout the world. Misuse of work All
over the world, to be had moral codes made tries to make it unambiguous that the psychology
career ought to now no longer be misused through psychologists and different groups alike.
Under no circumstances, the usage of the career ought to contain a deprivation of simple
human rights (American Psychological Association 2010). In instances in which any
violation of moral codes is discovered, one ought to attempt to both clear up the difficulty or
limit its effect. Psychologists want to keep away from or refuse to take part in practices
opposite to the legal, civil or ethical rights of others in addition to refuse to help all people
who may use a psychologist’s information to advise, educate or deliver records to all people
to violate human rights (Canadian Psychological Association 2000).
Competence

It is expressed that psychologists should work as per and to the simplest of their ability
boundaries, supported their education, coaching, supervised expertise, consultation, study or
skilled experience (American Psychological Association 2010). They either are or become
fairly accustomed to the judicial or body rules governing the roles they play. to work out the
competence, we tend to must take into thought the relative quality and nature of the service to
be provided, relevant training and experience, preparation and study they were able to devote
to the matter, and also the chance for consultation during a specific material space (American
Psychological Association 2010). it's the moral duty of rhetorical psychologists to tell the
referral supply on whether or not there's a famous basis in either analysis or follow to answer
the actual question being asked. they need to avoid falsehood of research in any way.
Awareness of legal and skilled standards, law, rules and procedures concerned must not result
in threatening or impairment of the rights of the affected individual yet as being sensitive to
and intimate people (Canadian Psychological Association 2000). the idea for scientific and
professional judgments These must be supported established scientific and professional
knowledge, up to this point research, with relevant literature and continued education
(American Psychological Association 2010; Canadian Psychological Association 2000).

Delegating work to others

Legally referred to as Vicarious Liability, is the idea of supervision, wherein the manager is
answerable for the paintings of these beneathneath his supervision. He have to take affordable
steps to keep away from delegating the paintings to humans who've a few kind of more than
one relationships with the ones being served, that could cause exploitation or loss of
objectivity. (American Psychological Association 2010; Canadian Psychological Association
2000). Avoiding damage Although it's far uncommon for a psychologist to apply this expert
excellence to damage a person deliberately, occasionally the state of affairs arises wherein
damage is introduced unintentionally. Forensic psychologists have to keep in mind long-time
period harms earlier than giving any evaluation. One such instance of accidental damage is a
case wherein a forensic psychologist has to study execution of a criminal. If the perpetrator is
located equipped to be executed, he then can be inflicting damage to a existence. In a counter
argument, many will trust that if the perpetrator isn't always located equipped to be executed,
he's saving a existence as well (Shapiro 2016). Multiple relationships It is described as being
in a expert position with someone and on the identical time in every other with the identical
man or woman or a intently related man or woman or promising to go into into every other
dating with someone or a intently associated man or woman (Shapiro 2016). If the
psychologist is needed via way of means of law, institutional coverage or uncommon
occasions, to serve more than one roles in prison proceedings, they have to make clear their
position expectancies and the quantity of confidentiality on the outset and as occasions
change (American Psychological Association 2010). In addition, forensic psychologists have
to now no longer expect a expert position in the event that they have some other hobby that
would in all likelihood impair their competency, objectivity or effectiveness in doing mental
paintings (American Psychological Association 2010). Shapiro (2016) offered a case that
illustrated the predicament of more than one relationships in a shiny manner. The
psychologist in query became ordered via way of means of the courtroom docket to offer
remedy to a baby who became sexually abused and to offer periodic reviews to the courtroom
docket concerning the identical case. She, in any respect times, appeared her position as a
therapist, now no longer a forensic examiner. Later, a grievance became filed via way of
means of the alleged abuser concerning the incompetency of the psychologist given that she
didn’t comply with the moral guidelines. The psychologist said that her position, became now
no longer forensic, it became healing, and for that reason, she did now no longer want to
comply with the guidelines. However, she had now no longer made this difficulty clean till
the grievance became filed. In different words, on the time she normal the kid beneathneath
her supervision, she didn't make herself clean that she became simplest imparting the healing
offerings and that her reviews had been now no longer to be taken into consideration for
forensic evaluation.
Exploitation

A forensic psychologist have to now no longer make the most the ones whom one supervises
or wherein an expert function exists, along with clients, patients, college students,
supervisees, studies contributors and personnel to in addition political or enterprise hobbies,
or the exceptional hobbies of the studies contributors, college students or personnel. This
exploitation might also additionally consist of soliciting of clients, sexual relationships or
horrifying people into receiving offerings. Informed consent One have to are seeking the
consent of each the character worried and the representing council. An lawyer have to be
received if the character is legally incapable of supplying the consent himself. The forensic
psychologist have to tell the person approximately the exclusive parameters associated with
the expected offerings along with the boundaries of confidentiality. Oral consent may be
taken in instances wherein the written consent can not be received. However, on this case, the
intervention of exam have to be simply said and defined to the person (Shapiro 2016). There
is an severe duty at the a part of the psychologist to discover whether or not the customer is
represented via way of means of a council or now no longer. The fees, preceding private or
expert relationships or the sort of parameters which could have an effect on the connection in
later ranges have to be looked after out on the beginning (American Psychological
Association 2013). The forensic psychologist have to think about what would possibly
motive a probable bias along with struggle of interest, examiner’s competence, and the
medical foundation or limitations. The knowledgeable consent additionally extends to
collateral reassets of statistics that would have an effect on their choice to participate
(American Psychological Association 2010). Confidentiality It is the high duty of a forensic
psychologist to take affordable precautions to shield the customer’s confidentiality and have
to make it clean as or its limits. The disclosure have to be made simplest with the customer’s
consent or consent of the legally legal person; it could additionally be made with out the
customer’s consent simplest if mandated via way of means of regulation or while the
psychologist makes use of the statistics for session or safety of the customer (American
Psychological Association 2010). Forensic methodology It is the responsibility of the forensic
practitioner that he have to now no longer withhold, distort or regulate any applicable
statistics, misread the to be had evidence, and try and keep away from or deny the opposite
evidence. The forensic psychologist have to now no longer make any untimely conclusions.
Once the realization is reached, the psychologist have to endorse his evaluations forcefully
and with suitable vigor (American Psychological Association 2013). He have to appropriately
constitute his credentials, warding off misrepresentation and preserving competence in
regions of exercise and specialty (Canadian Psychological Association 2000). Information
reporting have to be as correct now no longer to result in any opportunity hypothesis (Meta
code of Ethics 2005).
Documentation

Proper data should be maintained to facilitate the supply of research, institutional


requirements, accuracy in billing and compliance with the law. Obviously, confidentiality
should nevertheless be maintained even even as preserving their data. However, those data
may be utilized in emergency situations whilst required (American Psychological Association
2010). Records should be sufficient to assist the continuity and suitable coordination of sports
with the ones of others (Canadian Psychological Association 2000). Assessment It should be
primarily based totally on enough facts such as a non-public exam except it isn't practical.
Tests used for the evaluation should be dependable and validated. Also, the strengths and
boundaries of the take a look at facts should be discussed. Ethical dilemmas in forensic
genetics Wallace (2014) and Cordner (2001) mentioned the moral problems associated with
the forensic database. Collection and garage of DNA samples Obtaining samples for DNA
database is one in every of the largest and maximum debated upon problems. The first trouble
is who might be supplying samples in admire to the crook investigation? The 2nd trouble is
who might be required to offer a pattern, the profile from so one can be saved in DNA
database (Cordner 2001)? The UK National DNA database become first forensic DNA
database mounted in 1995. Its enlargement to encompass DNA profiles of hundreds of
thousands of harmless residents into the database become extensively criticized for it become
taken into consideration as a breach of private space. In 2008, the Grand Chamber of the
European Court of Human Rights withinside the case of Marper vs. the United Kingdom
reached a unanimous judgment that the indefinite retention of harmless people’s DNA
profiles, fingerprints and samples breached privacy (Wallace et al. 2014). Different nations
have special standards to whose DNA pattern should be obtained. For instance, in Australia,
samples of people who are suspected of getting dedicated crimes for which the penalty is
extra than five years are taken. Samples and profile should be destroyed inside three hundred
and sixty five days if the rate sheets aren't filed, the prosecution is abandoned, or the accused
is acquitted. On the opposite hand, if the accused has been convicted, his profile is retained
withinside the database. In the United Kingdom, the profiles of all of the accused of
recordable crimes that encompass offenses for which there may be a prison time period if
convicted, are recorded withinside the database. In France, the database is reserved simplest
for the ones accused of sexual crimes (Cordner 2001). An audit device to reveal and save you
the unethical use of such databases is likewise vital.

Testing the samples/ using the results

Correct pattern collection, security, transport, garage at the side of processing and evaluation
are vital situations required for the super database management. Meeting those situations
outcomes in excessive stage of self belief which in flip outcomes in excessive reliability and
excessive credibility. Contamination troubles are a excessive quandary and sturdy purpose for
dubious credibility. Contamination can arise at numerous steps of analytical techniques
together with pattern collection, securing, transport, garage, and evaluation. Although
contaminations can by no means be prevented, it's miles vital that they ought to be minimized
and estimation mistakes are calculated (Cordner 2001). Access and retention of DNA
samples DNA profiles are saved in databases. Many authors declare the correlation of DNA
markers with the bodily characteristics. Moreover, DNA may display infection history. In
pursuit of setting up such correlations and investigating them, researcher has a tendency to
overuse those databases. This will in addition placed strain on different databases to offer
data for researcher’s assistance (Cordner 2001). Misuse of genetic studies in software of
genetics to forensic sciences One of the mentioned subjects relate to the ethnic and racial
labels to the genetic samples. Often forensic scientists attempt to use outcomes from genetic
studies to place ethnic and racial labels at the samples encountered at the crime scene.
However, many authors agree with that the ethnic and racial variations are cultural in nature
instead of organic or genetic. Many have raised questions about the clinical software of racial
classifications. Conclusion Scientists and researchers are constantly baffled via way of means
of the position of ethics. In a couple of situations, ethics and studies move the path. Ethics are
the soul of any career and with out it, the that means of career is indistinct and ambiguous.
Ethics additionally assist in setting up quality, validity, and authenticity of the career.
Although what is moral to at least one man or woman can be unethical to another, concepts of
ethics ought to be accompanied. Forensic technological know-how offers with the prison
factors and can assist in setting up the guilt or exonerating the accused. Therefore, it's miles
obligatory for each forensic organisation to have an moral code which publications forensic
scientists to carry out their responsibility with honesty and passion. Definition and bounds of
following moral hints may also range from man or woman to man or woman however the
minimal set of ethics ought to be made obligatory to be accompanied in particular withinside
the area of forensic technological know-how.

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