Ethics in Forensic Science: Professional Standards for the Practice of Criminalistics

by Barnett; Peter D.

• ISBN13: 9780849308604
• ISBN10: 0849308607
• eBook ISBN(s): 9781040080511
• Format: Hardcover
• Copyright: 2001-06-27
• Publisher: CRC Press
• More Book Details

Summary

With the complexity of the interactions between the methodology of science, the principles of justice, and the realities of the practice of law and criminalistics, ethical issues frequently arise. One of the hallmarks of a profession is a code of ethics to govern the actions of members of the profession with one another, with users of the professional service, and with those who are affected by actions of the practitioner. Ethics in Forensic Science: Professional Standards for the Practice of Criminalistics examines the necessity for a code of ethics for forensic scientists, describes the fundamental features of such an ethical code, illustrates some ethical conflicts that arise in the course of professional practice, and gives examples of resolution of some of these conflicts.This volume also describes the development of alternative ethical codes that have been adopted by forensic science organizations. It explores the strengths and weaknesses of varied codes and provides concrete examples that illustrate alternative courses of action that might be taken and how different codes of ethics may require, permit, or proscribe alternatives under consideration.

Table of Contents

Section I BACKGROUND, HISTORY, AND REVIEW OF ETHICS IN FORENSIC SCIENCE
Introduction	3	(8)
Ethics Are Important	4	(2)
Purpose of This Book	6	(1)
Existing Codes of Ethics	7	(1)
Enforcement of Codes of Ethics	8	(1)
Sanctions	9	(2)
Why Are Professional Ethics Necessary?	11	(16)
Importance of Codes of Professional Ethics	11	(1)
Legal vs. Scientific Practices	12	(2)
Ethics and Morals	14	(2)
Credibility as a Reason for a Code of Ethics	16	(3)
Obligations of the Expert Witness	19	(2)
Other Rules Are Not Enough	21	(1)
Competence	22	(2)
General Societal Obligation	24	(3)
Development of a Code of Ethics	27	(16)
Various Models of Codes of Ethics	27	(5)
Making a Complaint	32	(11)
Application of Codes of Ethics: How Ethical Requirements Impact the Daily Work of a Forensic Scientist	43	(10)
The Ethical Requirements for Work Done on a Case	43	(2)
Interactions between the Forensic Scientist and the Client	45	(3)
Interactions with Colleagues	48	(5)
Section II ETHICS IN ACTION
Ethical Issues Involving Professional Practice	53	(36)
Introduction	53	(1)
Recovery of Physical Evidence by a Defense Investigator	53	(7)
Criticism of Work Not Done	60	(5)
Selective Evidence Examinations	65	(5)
Identifying Another Examiner's Markings on Evidence	70	(4)
Agency Proposes to Retain an Incompetent or Unethical Criminalist	74	(4)
Attempting To Avoid the Rigors of Cross-Examination	78	(4)
Evidence Is Discovered by a Defense Criminalist	82	(7)
Ethical Issues Involving Technical Competence	89	(32)
Wrong Gun Identified	89	(5)
Attacking Incorrect or Incompetent Work	94	(5)
Ambiguous Blood Stain Analysis	99	(12)
Preservation of Test Results	111	(10)
Appendices	121	(92)
1 Code of Ethics and Conduct, American Academy of Forensic Science	123	(2)
2 The Code of Ethics of the California Association of Criminalists	125	(6)
3 Procedure for the Code of Ethics Enforcement of the California Association of Criminalists	131	(12)
4 American Academy of Forensic Sciences Good Forensic Practice Guidelines	143	(2)
5 American Society of Crime Laboratory Directors Code of Ethics	145	(8)
6 American Board of Criminalistics Code of Ethics	153	(2)
7 Council for the Registration of Forensic Practitioners England Code of Conduct	155	(2)
8 Daubert v. Merrell Dow Pharmaceuticals	157	(12)
9 Kumho Tire Company v. Patrick Carmichael	169	(14)
10 People v. Donald Richard Nation	183	(10)
11 Arizona v. Larry Youngblood	193	(20)
Index	213