A common definition of Forensic Science is “the science of law.” In other words, it is a type of science used to help settle legal arguments, especially when it comes to crimes requiring scientific testimony; i.e. homicides, robberies, sexual assault, etc. Attorneys, both the prosecution and defense, have their own set of policies to follow, as do forensic scientists. Forensic scientists, however, must work with the attorney they were hired by and follow not only the lab’s policies, but abide by the attorney’s as well. The variations in these policies can cause friction between the prosecution and defense, particularly when it comes to testing of evidence; specifically, if one side consumes that evidence before the other has a chance to examine it.
The American Bar Association has composed a list of standards to be followed varying from the collection of evidence all the way to destruction of evidence. According to these standards, a laboratory testing DNA evidence should be accredited every two years, be active in forensic science, and follow appropriate protocols (ABA, 2007). Standard 3.4 deals with consumptive testing. Obviously part of the DNA evidence tested should be preserved for further testing, but in some cases, that isn’t always possible. In this case, the American Bar Association requests that the laboratory not perform a test that could consume all evidence without permission from the prosecution (or defense, depending which side the lab was hired by); but before giving approval, the prosecution should provide the defendant a chance to object or move for a court order and vice versa (ABA, 2007). Some prosecutors, however, feel the only reason to alert the defense of possible consumption of evidence is out of common ...
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...r the Wrongly Convicted: Judicial Sanction for Destruction of DNA Evidence." Fordham's Law Review 77.6 (2009): 2918-925. 2009. Web. 19 Feb. 2014.
Laviana, Hurst. "Judge Defers Ruling on DNA Motion in Bluml Double-murder Case."Wichita Eagle. The Wichita Eagle, 31 Jan. 2014. Web. 22 Feb. 2014.
Pinkerton, James. "Judge Recommends New Trial in Rape Case After DNA Destroyed."Chron. Houston Chronicle, 28 Sept. 2009. Web. 21 Feb. 2014.
"Process for Post-Conviction Relief." Department of Justice, 16 Aug. 2010. Web. 19 Feb. 2014.
Pyrek, Kelly M. Forensic Science under Siege: The Challenges of Forensic Laboratories and the Medico-legal Investigation System. Amsterdam: Elsevier Academic, 2007.
United States. Department of Forensic Sciences. Practices for Evidence Viewing by Non-
Laboratory Personnel. District of Columbia Department of Forensic Sciences, n.d. Web. 22 Feb. 2014.
This illustrates the refusal of the rights of victims and the inevitable denial of justice for society. The coronial inquest that was conducted in 2011, corrected some of the initial issues with the investigation. Before the inquest, vital DNA evidence was disposed of, as a result of human error, which meant that the likely suspect could not be identified. As a result of human error the inquest provided some form of justice for society but due to how late it was conducted the family did not receive justice
Forensic Science Introduction: Someone in a restaurant has suddenly fallen ill and a mystery powder has been discovered with the victim. As the chief investigator, your duty is to identify the mystery substance through a lab. In this lab, it will consist of five known compounds and one unknown compound. Your job is to distinguish which one out of the five substances is the mystery powder. To figure out the mystery matter you will have to compare their physical and chemical properties and match them with the appropriate compound.
As we learned this week, DNA databases are used by various governmental agencies for several different purposes. We all have seen new magazine shows such as, 20/20 or Dateline, that show the collection of DNA samples from suspects in a case that is compared to those collected at the scene of the crime. But what happens when the sample is an incomplete match, compromised, or contaminated? The answer is the wrongful conviction of innocent citizens. The case that I have decided to highlight, is the wrongful conviction of Herman Atkins. In 1986, Atkins was convicted of two counts of forcible rape, two counts of oral copulation, and robbery in the state of California. It was alleged that Herman entered a shoe store, and raped, beat, and robbed a
“DNA Testing and the Death Penalty.” ACLU: American Civil Liberties Union. 3 Oct. 2011. Web. 22 April 2014.
To support their conclusion the board tells the story of two men who were exonerated after spending thirty years in prison for a crime they did not commit. Days after the rape and murder of eleven year old Sabrina Buie, half-brothers Henry Lee McCollum and Leon Brown confessed to the crime. Not only were their confessions made under pressure without parents or an attorney present, but the prosecution failed to present multiple pieces of evidence to the defense lawyers, DNA evidence that proved McCollum and Brown were not responsible for the murder. In fact, the DNA belonged to a Roscoe Artis, who was a suspect all along and was convicted of a similar crime just weeks later.
Therefore, the criminal justice system relies on other nonscientific means that are not accepted or clear. Many of forensic methods have implemented in research when looking for evidence, but the methods that are not scientific and have little or anything to do with science. The result of false evidence by other means leads to false testimony by a forensic analyst. Another issue with forensic errors is that it is a challenge to find a defense expert (Giannelli, 2011). Defense experts are required to help the defense attorneys defend and breakdown all of the doubts in the prosecutors scientific findings in criminal cases. Scientific information is integral in a criminal prosecution, and a defense attorney needs to have an expert to assist he/she in discrediting the prosecution (Giannelli,
Whereas the real picture of forensic evidence is unlike what is represented in movies and television shows where a fingerprint or a trace of hair is found, then it’s game over for the criminal. Reality is not as straightforward. As more people are exposed to the unreal forensic world through television and media the likeliness for a wrong conviction increases with juries assuming the evidence involves more science than what it really does, this is known as the CSI Effect. Further education and training is needed for the people of the court, the forensic specialists, and so called experts. The people in courts do not question any of the ‘professionals’ and just trust in their expertise. The court could overcome this perception by requiring explanation of error rates in a forensic field. To do this, testing examiner error rates will be necessary which means further research. Forensic science has such a large effect on the prosecution of suspects, experts have been known to provide questionable and at times incorrect evidence. When a false conviction occurs the true perpetrator is set free. Once realized, the public doubts the justice system and the reliability of the forensic evidence even more. At this point in time, forensic is an inexact
Christopher, Liam. “Mother ‘vindicated’ after girl’s murder suspect held.” Daily Post. 18 Aug. 2006: 19. Proquest Newsstand. Web. 28 Feb. 2014.
In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.
Singer, Julie A. "The Impact Of Dna And Other Technology On The Criminal Justice System: Improvements And Complications."Albany Law Journal Of Science & Technology 17.(2007): 87. LexisNexis Academic: Law Reviews. Web. 10 Mar. 2014.
the Use of DNA Evidence to Establish Innocence After Trial. National Institute of Justice, 10, 15. Retrieved from, https://www.ncjrs.gov/
Forensics Anthropology is the study that goes beyond the human skeleton. A forensics anthropologist can find out. How a person lived, the food that person ate, and the overall make-up of a human. The use of forensics has grown in recent years, it is used to solve crimes and locate missing persons. Snow, (1982) Forensics anthropology is not a new science. The first case forensics anthropology was used on was the Jezebel case, dating back to the nineteenth century. This case involved a person, who was thrown from a window. Snow, (1982) The remains found in this case were the skull, feet, and the palm of the victim’s hands.
Forensic Science, recognized as Forensics, is the solicitation of science to law to understand evidences for crime investigation. Forensic scientists are investigators that collect evidences at the crime scene and analyse it uses technology to reveal scientific evidence in a range of fields. Physical evidence are included things that can be seen, whether with the naked eye or through the use of magnification or other analytical tools. Some of this evidence is categorized as impression evidence2.In this report I’ll determine the areas of forensic science that are relevant to particular investigation and setting out in what method the forensic science procedures I have recognized that would be useful for the particular crime scene.
In 1987, United States used DNA evidence to prosecute and convict a serial rapist. It all started in Florida when a woman was awoken by noise. She woke up and a man was standing over her holding a knife towards her, threatening to kill her if she didn’t comply. While she was being raped she started fighting back, she was cut on her neck, legs, feet, and face. Once she was raped the rapist stole her purse and left her home. The victim reported the crime to police shortly after. During an examination a rape kit was performed and evidence of semen was f...
As far back as 1832, James Marsh was the first to use forensics at trial to give evidence as a chemist in 1832. Since that time forensic science and evidence has come a long way in various ways and technology to help in determine if the suspect is guilt or not, through such things as DNA testing, blood, and fingerprints. The first forensic police crime lab was created in 1910. The contributions of Dr. Edmond Locard, a French scientist and criminologist, proposed that “everything leaves a trace”. This principle is still valid today as it was so many years ago. No matter how small, the specialized trained technicians and investigators can take these methods and go to a crime scene to get evidence. “Forensic science is the application of sciences such as physics, chemistry, biology, computer science and engineering to matters of law.” (Office of Justice, 2017) These different sciences can help achieve and assist in solving a case. Forensic science has also the ability to prove that a crime was committed, it can find the elements of the crime, it can help place the suspect at the scene and whether the suspect had any contact with the victim. However, in the last several years the techniques and with the use of technology the evidence that forensic science uncovers can also exonerate an innocent individual who has been falsely accused of the