Ethics of Evidence Testing Flashcards
What needs to be considered when collecting evidence from a crime scene?
What samples should be collected?
What should be sent to the lab?
Should all of the samples be tested?
How can evidence testing be compared to medicine?
In an ideal world, you would be tested for anything that could possibly be wrong with you. However, due to time, lack of resources, etc. doctors often will only do the tests they believe to be most relevant. Same with evidence. There needs to be a balance between what needs to be done and what we are able to do.
Why might police choose not to submit a piece of evidence to the lab?
Lack of training/knowledge
Excessive backlog
Why do we need ethical guidance in evidence testing?
Main goal is to maximize value of the evidence. Decision should be made after ethical reflection, not just simply following rules and policies in QA programs.
What do scientists need to educate submitters on?
How to recognize evidence.
Collection and preservation techniques.
What is normative ethics?
Answers the question of what we ought to do. Focuses on providing a framework for deciding what is right and wrong.
What are examples of normative ethics frameworks?
Deontology
Utilitarianism
Virtue ethics
How might utilitarianism be used to guide decisions about evidence testing?
Resources are limited in forensics.
All evidence deemed potentially probative is collected
As the case progresses, subset of evidence is analyzed.
Just because something is collected doesn’t mean it should be analyzed
Every “redundant” test is one less exam on the next case.
Forensic analysts must maximize forensic significance in each case while not wasting resources.
What is the goal turnaround time for evidence analysis
45 days on average, 30 days for criminal cases
Why has demand for evidence testing increased?
More technology means more testing can be done
What types of things are considered when making decisions related to evidence testing?
Is the assailant known?
Was the crime violent or non-violent?
Is it a possible serial killer/rapist?
Is the public in danger?
History of the victim - suicide?
Family wanting closure
Will additional testing change COD or MOD? Or will it be redundant?
What cases may be expedited for evidence testing?
Imminent threat to public safety
High-profile
Minors involved
Upcoming trial
Why might items not initially be accepted for DNA assessment?
Item has reduced success rate or expectation of obtaining reliable results
Item is not the most relevant to address the allegations
Limitations of the results preclude the allegation (question may not be addressed)
Explain the background of the Paul Bernardo case.
Between May 1987 and December 1992, Bernardo raped/SAed at least 18 women across the GTA and killed 3 women.
Summarize DNA evidence in the Paul Bernardo case.
Nov 1990 - Bernardo’s samples submitted to CFS for conventional serology testing
Dec 1990 - Results show his serology suitable for DNA testing
13 Dec 1990 - CFS receives written request from TPS to test Bernardo’s sample for DNA
Feb 1993 - Test results released to Toronto Police
There were 5 other suspect samples suitable for DNA analysis. If given priority, inclusion would have been found in early Jan 1991. During this time he raped 4 women and raped and murdered 2 others.
