Ethics

Question 1

Forensic science ethics (4)

Answer 1

• expert witnesses are obliged to
• tell the truth
• state facts without distortion
• use relevant information - not misleading
• properly present evidence

Question 2

what is meant by professional ethical conduct in forensic science?

Answer 2

the principles, values and constraints imposed on practitioners by their profession and workplace

Question 3

What is expected of forensic scientists?

Answer 3

• competent
• thorough
• objective
• freely communicate results and significance of their analysis

Question 4

Outline the role of the forensic expert?

Answer 4

• give expert opinion within an area of expertise
• clarify procedure and interpretations using scientific facts and foundations
• educate jury and aid with their decision making

Question 5

What does forensic science support?

Answer 5

• forensic science supports justice, not necessarily prosecution or defence

Question 6

Stefan Kiszko case

Answer 6

• lesley molseed failed to return home after visiting shops in 1975
• she was found three days later and had been stabbed twelve times
• none of her clothing was disturbed but her body had been posed and killer had ejaculated on her undewear
• stefan kiszko case fitted their profile of sort of person likely to have killed lesley molseed even though he had never been in trouble with the police
• police pursued evidence which might incriminate him and ignored other lead that might have taken them in other directions
• acting upon the teenage girls’ information and their suspicions of Kiszko’s idiosyncratic lifestyle - and having allegedly found girlie magazines and a bag of sweets in his car
• the police arrested him on 21 December 1975.
• during questioning, the interviewing detectives seized upon every apparent inconsistency between his varying accounts of the relevant days as further demonstration of his likely guilt
• Kiszko confessed to the crime after three days of intensive questioning. -
• prior to the Police and Criminal Evidence Act of 1984, suspects did not have the right to have a solicitor present during interviews, and the police did not ask Kiszko if he wanted one
• “…I started to tell these lies and they seemed to please them and the pressure was off as far as I was concerned. I thought if I admitted what I did to the police they would check out what I had said, find it untrue and would then let me go“
• he was sentenced to life imprisonment
• police officers praised by the judge - “..for their great skill in bringing to justice the person responsible for this dreadful crime and their expertise in sifting through masses of material”
• “I would like all the officers responsible for the result to be specially commended and these observations conveyed to the Chief Constable”.
• after spending years in prison and several violent attacks
• and told that he would only ever be eligible for parole if he admitted to having carried out the murder
• he cannot produce sperm
• three females involved gave false evidence which led to kiszkos arrest and conviction and that they had lied for a laugh and because at the time it was funny
• in 2006, ronald castree was arrested in connection with the murder
• DNA evidence was alleged to have shown a direct hit with a sample found at the scene of the murder

Question 7

What do forensic scientists contribute to in court?

Answer 7

• contribute scientific reliability in court
• ensure guilty receive punishment and free innocent people

Question 8

what is meant by an ethical dilemma

Answer 8

• a type of ethical issue that arises when the available choices and obligations in the specific situation do not allow for an ethical outcome

Question 9

What 4 themes do ethical dilemmas commonly follow on?

Answer 9

• truth vs loyalty (choosing between maintaining personal integrity or keeping fidelity pledged to others (e.g. friends, family members, core workers, employers and organisations))
• individuals vs group (choosing between interests of an individual or a few and those of a larger community
• immediate vs future (choosing between present benefits and those that are longer term)
• justice vs compassion (choosing between fair and dispassionate applications of consequences and the individual need)

Question 10

What are some general guidelines to remaining ethical given by Bowen in 2010?

Answer 10

1 - do not use misinformation to support your claims
2 - do not represent yourself as an expert if you are not
3 - do not use misleading or unfounded reasoning
4 - do not divert attention away from an issue
5 - do not miss use people’s emotions by presenting topics that have little to do with the main idea
6 - do not deceive people of your intentions, viewpoints, or purpose
7 - do not hide potential consequences, positive or negative
8 - do not oversimplify issues to convolute a point
9 - do not advocate the things that you do not support

Question 11

How does Bowen 2012 identify the four distinct sources of pressure?

Answer 11

• the police service who are usually the clients and submitters of forensic material
• the adversarial system in which results are evaluated
• the science on which our data are based
• our personal sense of ethics and morals

Question 12

What are some examples of ethical tensions suggested by Bowen

Answer 12

• preparation of reports containing minimal information
• reporting findings without an interpretation
• omitting a significant point from a report
• failure to report or acknowledge any witnesses
• failure to differentiate between opinions based on experiment and opinions based on experience
• expressing an opinion with greater certainty than the data justify

Question 13

Preece v H.H. advocate (1981)

Answer 13

• long distance lorry driver was convicted by majority of the murder by strangulation in a lorry in Scotland of a woman whose body was found buried on the English side of the border near Carlisle
• principal evidence against Preece had been scientific evidence of blood and seminal stains, hairs, fibres, grass seeds and other material said to link Preece with the victim
• the scientific evidence was given mainly by Dr. C a forensic scientist who made the tests corroborated by a junior colleague who carried out no tests himself
• after preece had been in prison for more than 7 years questions were raised as to the quality of the scientific evidence and the scientific detachment of Dr. C and the case was referred back to the high court
• Dr C had withheld evidence he should have given about the victims blood group, had failed to disclose that stains he had tested were not isolated seminal stains but mixed seminal and vaginal stains, and had reached unwarrantable conclusions thereon

Question 14

What are the 6 motives associated with the role of expert scientists that result in conflict or tension?

Answer 14

• competition (some people within legal system may see their actions and the consequences as a game or competetion)
• job security (specifically for the self-employed such as independent experts or consultants who will seek to gain further employment and work in this sense
• economic reward (when an expert receives payment to testify about something with the sole purpose of confusing the issue is to damage the opposing side’s case)
• principle (when one expert testifies against another for unprofessional motivations such as revenge, spite, or economic reward
• recognition (forensic scientists may seek recognition and work only on high profile cases)
• ego (some experts may feel that they do not need to prepare as thoroughly for testimony on some subjects because of who they are, the background they have, or the type of case that they work upon)

Question 15

Dr Joseph Kopera

Answer 15

• this is a case of false credentials and involves a police ballistic expert who worked in the field for over 40 years
• this person was very well respected until it was revealed he did not hold degrees from the Rochester Institute of Technology or the University of Maryland as he had claimed in numerous court cases
• estimated that he testified between 100 and 125 times per year and became the Supervisor of the State Police Firearms and Tool Marks Laboratory in 2000
• at this time he also managed the Integrated Ballistic Identification System (IBIS)

Question 16

What was said about Dr Joseph Kopera

Answer 16

• many denounced these fabrications - citing that someone who is gone to these lengths to create a false background will go some lengths to fabricate information about ballistics evidence itself
• there were others from the State Attorneys office that thought the lack of a degree was not enough to question evidence from past cases because much of an expert’s knowledge is gained through on-the-job experience

Question 17

What are some examples of ethical misconduct in crime scenes and labs suggested by Fisher (2000)

Answer 17

• planting evidence at a crime scene to point to the defendant
• collecting evidence without warrant by claiming exigency of circumstances
• falsifying lab examinations to enhance prosecutions case
• ignoring evidence of the crime scene that might exonerate a suspect or be a mitigating factor
• reporting on forensic tests not actually done out of misguided belief that the tests aren’t necessary
• fabricating scientific opinions based on invalid interpretations of tests or evidence to assist prosecution
• examining physical evidence when not qualified to do so
• extending expertise beyond ones knowledge
• using unproved methodologies
• overstating and expert opinion by using terms of our unfamiliar to juries
• failing to report a colleague, superior, or subordinate who engages in any of the previously listed activities to the proper authorities

Question 18

Ann Chamberlain

Answer 18

• conducted a DNA test on her husbands underwear in the crime lab where she was employed to determine if he was adulterous
• she then testified to conducting this investigation at the divorce hearing
• Although Chamberlain had won awards for her work on the testified more than 50 cases, she was dismissed from misusing the Crime Laboratory
• chamberlain stated that the tests were conducted outside of work hours with expired chemicals
• it was later discovered through court testimony that she had previously conducted paternity test for one of her husband’s friends and had allowed him to access the laboratory while she ran the sample
• she was subsequently dismissed for violating State policy. Her husband’s lawyers felt that she should face criminal charges for stealing from taxpayers
• the president of the Forensic Science Consultants, where Chamberlain also worked stated that she was an excellent scientist who had made an error of judgement caused by stress

Question 19

Los Angeles police commission in 2008

Answer 19

• after police had arrested at least two innocent people based on erroneous fingerprint identifications (2008), the Los Angeles Police Commission requested a review of the policies and procedures of the city’s Fingerprint Analysis Unit
• post investigation reports cited a poorly run operation, sub-standard work, a lack of oversight and lost or misplaced evidence and records
• it was shown that people were checking over their ‘friends’ work and at times approving it without actually conducting a review.
• the department had 78 Fingerprint Analysts and two analysts who would verify results for accuracy
• one fingerprint analyst was dismissed
• three were suspended
• two supervisors in that section were replaced
• officials were keen to take quick action stating that guilty people could be set free and innocent people can be jailed

Question 20

What does bowen site the dangers of occupational subcultures?

Answer 20

• they violate the ethics of public service
• they undermined the relationship between justice practitioners and clients
• they allow goals to remain achieved
• they are conducive to corruption, which could destroy the integrity of an agency
• they are based on ignorance, bias and egoism

Question 21

Ray Cole

Answer 21

• a san diego analyst who falsely described his degree within his CV
• although Cole claimed that he had a degree from the University of California – Berkeley in pre-medical studies, he actually received his degree in political science
• some people said that
• the strength of his testimony was based on his experience, not what he actually studied in college.
• how is a false statement made on a CV going to have a significant effect on his testimony about whether the suspect was intoxicated?
• when he was recruited in 1974, a degree was not a requirement for his position
• his supervisor listened to the audio tapes of his testimony in a particular case and confirmed that he did not testify to having a degree in premedical studies
• others said that
• he misrepresented himself directly which affects his credibility as a witness.
• if he is willing to lie about one thing, who is to say that he is not willing to lie about other things?
• does the fact that a degree was not necessary for his position at the time he was employed make you feel better or worse about this situation? Why would this be?

Question 22

Latent fingerprint identification

Answer 22

• is similar to many other areas of forensic analysis
• latent print evidence differs crucially from most other types of evidence in the manner in which source attributions are phrased
• for example, in forensic DNA analysis, the scientist typically testifies that the defendant cannot be excluded as a possible source of the DNA sample
• this statement is then accompanied by a random match probability which indicates the frequency with which randomly chosen individuals within the same racial or ethnic background would also be consistent with the unknown DNA match.
• when latent prints examiners make a match
• they always testify that the defendant is the source of the latent print
• to the exclusion of all other possible sources in the universe

Question 23

Fred Zain

Answer 23

• in West Virginia, the former Head Serologist of the State Police Crime Laboratory, Trooper Fred Zain, falsified test results in as many as 133 cases from 1979 to 1989.2001
• a team of outside forensic scientists found that “when in doubt, Zain’s findings would always inculpate the suspect.”
• he later became notorious for providing incriminating testimony in capital murder cases without having done any analysis
• after being dismissed in the West Virginia, Zain was rehired in a Texas Forensic Science Laboratory.
• eventually he was convicted of fraud.

Question 24

Michael West

Answer 24

• an Odontologist from Mississippi who frequently testified that a particular weapon had indeed and without doubt caused a particular wound
• after stating that he did not believe in reasonable scientific certainty as an appropriate standard,
• he stated that his opinions were based simply on gut instinct

Question 25

Alison Lancaster

Answer 25

• she was a DNA Analyst at a laboratory that required all staff to rotate weekends working on drug cases
• she was unhappy and angry so she wrote reports without doing analyses
• she was caught because of analysts thought it was strange that no reagents were being used up after her work over the weekend

Question 26

Joyce Gilchrist

Answer 26

• an example of the pressures of a Forensic Scientist operating under the direct control of the Police or operating as a Forensic Scientist who is also a Sworn Officer
• Gilchrist was a Hair Examiner who received inadequate training and had no science mentor
• she was popular with management and prosecutors because she always produced what, for them, were the right answers
• she was convinced that she had never seen hairs from two individuals that she could not differentiate

Question 27

Annie Dookhan

Answer 27

• former chemist from Mass. who was responsible for the state having to dismiss hundreds of criminal cases because she falsified lab results at a state operated drug facility, was sentenced to three to five years in prison in 2013 after pleading guilty to obstruction of justice, perjury, and tampering with evidence
• at least 1,100 criminal cases had to be dismissed because she was caught falsifying lab results
• Dookhan originally pleaded not guilty to the charges at her arraignment earlier this year, but changed her plea today in court
• also pleaded guilty to falsely claiming that she held a master’s degree in chemistry
• she was also ordered to have mental health evaluations after leaving prison.
• dookhan admitted to “dry labbing,” a scam where she’d test only a small selection of samples, but then deem them all as testing positive for illegal drugs, to “improve her productivity and burnish her reputation.”
• the extent of her dry labbing was so vast that the lab had to be shut down in 2012

Question 28

What are 6 guiding principles for profession in forensic scientists?

Answer 28

• technical competence
• employ reliable methods of analysis
• maintain honesty with respect to qualifications
• should confine examinations to their area of expertise
• should partake in intellectual honesty concerning the scientific data on which the conclusions and opinions are based
• objectivity in the review of evidence and the delivery of expert testimony

Question 29

Who decides if the scientist is a qualified expert and if their testimony is reliable

Answer 29

• judge

Question 30

What does credibility of forensic scientist depend om?

Answer 30

• depends on reliability and accuracy of the work performed
• it isn’t acceptable not to partake in continual competency training and testing

Question 31

Sonja Farak

Answer 31

• Sonja was a chemist at the state drig lab in Amherst, Massachusetts.
• she tested evidence collected in drug cases, but in 2013 was arrested for stealing drugs from her workplace.
• it emerged that she had been stealing the likes of meth, LSD and amphetamines from the controlled substances used for testing, and taking them at work.
• she even ended up stealing from the evidence itself, and using cocaine she had stolen to make crack, which she then smoked at work

Question 32

Evidence of funnel

Answer 32

• evidence in entirety
• evidence observed
• evidence collected
• evidence submitted
• scientific value
• investigative value
• admissible

Question 33

What can be said about the amount of evidence that makes it into court?

Answer 33

• is a portion of the total evidence

Question 34

What are the two things evidence can be that results in scientists having to make decisions and justify them

Answer 34

• definitive or interpretational

Question 35

Why can forensic evidence by circumstantial evidence?

Answer 35

• finding a suspects blood at a crime scene implies the suspect was also at the crime scene

Question 36

What is meant by the scientific method?

Answer 36

• pursues general impressions to the specific level of detail
• pursues testing by breaking hypothesis (alternative explanations) into their smallest logical components, one part at a time
• allows tests either to prove or to disprove alternative explanations (hypotheses)

Question 37

What 4 characteristics do reliable methods posess?

Answer 37

• integrity
• competence
• defensible technique
• relevant experience

Question 38

How does ethics relate to scientific method?

Answer 38

• the scientist should be inquiring, progressive, logical and unbiased
• they must make adequate examination of all materials, applying those tests essential to proof (they will not utilise unwarranted and superfluous tests in an attempt to give greater weight to the results
• scientific analyses will not be conducted by secret process nor will conclusions in case work be based upon tests and experiments
• proper scientific method demands reliability of validity in the materials analysed
• conclusions will not be drawn from materials which themselves appear unrepresentative, atypical or unreliable
• a truly scientific method requires that no generally discredited or unreliable procedure be utilised in the analysis
• progressive worker will keep abreast of new developments in scientific methods and in all cases view them with an open mind

Question 39

How does ethics relate to opinions and conclusions?

Answer 39

• no interpretations will not be knowingly distorted
• conclusions reached using analytical tests are properly verified by re-testing or the application of additional techniques
• where test results are inconclusive or indefinite, any conclusions drawn shall be fully explained
• scientific mind is unbiased and refuses to be swayed by evidence or matters outside the specific materials under consideration
• it is immune to suggestion, pressures and coercions inconsistent with the evidence at hand being interested only in ascertaining facts
• forensic scientist will be alert to recognise the significance of a test result as it may relate to the investigative aspects of a case
• must be aware of their own limitations and refuse to extend themselves beyond them
• where test results are capable of being interpreted to the advantage of either side of a case, the forensic scientist will not choose that interpretation favouring the side by which they are employed merely as a means to justify their employment
• must be aware of various possible implications of their opinions and conclusions and be prepared to weigh them

Question 40

How does court presentation relate to ethics?

Answer 40

• expert witness has greater knowledge of given subject than average person therefore expert opinion is properly defined as the formal opinion of an expert
• ethical expert does not take advantage of the privilege to express opinions by offering opinions on matters within their field of qualification which they have not given formal consideration
• regardless of legal definitions, the forensic scientist will realise that there are degrees of certainty represented under the single term of expert opinion
• they will not take advantage of the general privilege to assign greater significance to an interpretation than is justified by the available data
• where circumstances indicate it to be proper, the expert will not hesitate to indicate that while they have an opinion, derived of study, and judgement within their field, the opinion may lack the certainty of other opinions they might offer
• the forensic scientist will avoid the use of terms and opinions which will be assigned greater weight than are due them
• it is not the object of the forensic scientist’s appearance in court to present only that evidence which supports the view of the side which employs them. They have a moral obligation to see to it that the court understands the evidence as it exists and to present it in an impartial manner
• will not by implication, knowingly or intentionally, assist the contestants in a case through such tactics as will implant false impression in the minds of the jury
• forensic scientist, testifying as an expert witness, will make every effort to use understandable language in their explanations and demonstrations in order that the jury will obtain a true and valid concept of the testimony
• forensic scientist will answer all questions put to them in a clear, straightforward manner and refuse to extend themselves beyond their field of competence
• where the expert must prepare photographs or offer oral BG info to the jury in respect to a specific type of analytic method, this information should be reliable and valid
• any and all photographic displays shall be made according to acceptable practice, and shall not be intentionally altered or distorted with a view to misleading the court or jury