Ethical Issues in Forensic Science:
A Mock Trial Debate
(A Three Hour Lecture Presentation)
Dr. John Wang of Forensic Science
Dept. of Criminal Justice
California State University-Long Beach
May, 2009
1. Logical Matrix for Forensic Ethics
Ethical Standard in
Forensic Science
Ethical Standard in
Criminal Justice
Ethical Standard in
Business
Ethical Standard in
Science
2. Violation Spectrum
Ethical
Violations
Personal/Professional
Ethical Standard
Misconduct/
Misbehavior
Criminal
Violation
3. Three Basic Definitions
1) 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 Standard
Laws and regulations a social
member must abide by.
Legal Requirement
Ethical Standard
Moral Standard
high standard of honesty &Generally accepted customs
honorable conduct with of conduct in a given society
methods of reinforcement
Personal Choice
Professional Requirement
5. Ethical Standard in C.J. Community,
Professional Organizations, & Agencies
Ethical Standards
in Criminal Justice Community
Working definition of Working definition of
ethical standards
ethical standards
by professional organizations
by agencies
6. Common Ethical Issues
1) 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 guidelines
8) Determination of ethical violations
9) Lack of specific training on unethical
situations
10) Need for a disciplinary Forensic Ethics
8. Highlights of Ethical Standards
1)
2)
3)
4)
5)
6)
7)
8)
Accurate representation of qualifications
Maintain the integrity of the evidence
True and accurate representation of data
Clear and complete documentation
Impartiality of the examination
Impartiality of testimony
Confidentiality and disclosure
Reporting of colleagues who violate the
profession’s ethical code.
9. Three Simulated Situations
1) 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 appearance
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 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 they
see fit. I can't change that, such is the nature of 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
Three Selected Landmark Cases
1) O.J. Simpson Case
2) Phi Spector 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 Debate
1) The Prosecutor group introduce its argument;
2) The Defense group introduce its counterargument;
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 among
Forensic Community, Discipline/Field, and Agencies
2) Provide Proactive Training Classes
for New Hires and In-Service Personnel
3) Discuss Real Cases and Simulated Situations
through “”what-ifs” or real case studies
18. The Policy Recommendations
Ask the class to suggest three policy
recommendations
1)
2)
3)
19. Main Bibliographies
Inman, K. & N. Rudin (2000). Principles and practice of
criminalistics. New York, NY: CRP Press.
James, S., & Nordby, J. (Eds.) (2002). Forensic science. New
York, NY: CRC Press.
Wecht, C. Eds.) (2006). Forensic science and law. New York,
NY: CRC Press.
20. Related Bibliographies
Ashbaugh, D. (1999). Quantitative-qualitative friction ridge analysis. New
York, NY: CRC Press.
Butler, J. (2005). Forensic DNA typing. (2nd), San Diego: Elsevier
Academic Press.
Butler, J., & Becker, C. (2001). Improved analysis of DNA short tandem
repeats with time-of-flight mass spectrometry. Washington, DC: U.S.
Department of Justice.
Clark, F., Diliberto, K., & Vernon, J. (Eds.) (1996). Investigating computer
crime. New York, NY: CRC Press.
Collins, C. (2001). Fingerprint science. Incline Village, NV: Copperhouse
Publishing Company.
Coppock, C. (2001). Contrast: An investigator’s basic reference guide to
• ingerprint identification concepts. Springfield, Ill: Charles C. Thomas
Publisher.
Cowger, J. (1993). Friction ridge skin: Comparison and identification of
• fingerprints. New York, NY: CRC Press.
Federal Bureau of Investigation (1990). The science of fingerprints.
Washington, D.C.: U.S. Government Printing Office.
Fisher, B. (2004). Crime scene investigation. New York, NY: CRC 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.