Ethics: The reality in different fields of

Forensic Science

Forensic science is the application of science to criminal and civil laws, mainly on the criminal side during criminal investigation. The number of professionals working in the field of forensic science is relatively low in comparison to those working in other fields such as medicine and law. 

Forensic scientists help law enforcement officers, lawyers, judges, and juries in delivering justice by providing results and conclusion. They work in forensic science laboratories associated with law enforcement or other governmental agencies that have ethical codes developed specifically for their organizations. 

Ethical codes are organization-specific and are applied partly to forensic scientists, then there is a need to establish codes that are specific to forensic scientists. Such codes will guide them in a situation where ethical issues arise from the type of work the criminalist does. 

     

Professional vs personal ethics:

Personal ethics or morals in the field of forensic science refer to the concerns a forensic scientist has, that are based on personal ethics (morals) or religious considerations which are not derived from professional and/or scientific roles. Professional ethics refer to the codes or guidelines that regulate the professional and scientific conduct which are more fundamental compared to personal ethics or morals.

Ethical dilemmas in forensic science:

It is classified ethical dilemmas broadly into six categories.

Professional credentials: These include misrepresentation of the credentials before the court of law. Misrepresentations include educational degree attainment, professional licensures or certifications this is done to impress the client, the judge or jury to ward off the challenges such as cross examination by exaggerating the qualifications.

Laboratory analytical procedures: Laboratories place priority in the implementation of such protocols but such protocols are not followed by the forensic scientist which is unethical. Unethical issues include making insufficient or indiscriminate analysis, and analysis to fit the written law. Forensic scientists report the results without even opening the containers; a practice known as ‘dry-labbing’.

Interpretation of analytical data and presentation of testimony in a court of law: Ethical dilemmas associated with the interpretation of analytical data and presentation of testimony in a court of law may include bias on the part of forensic scientists, use of scientific jargons, use of confusing or deceptive testimonies, excessive equivocacy, and advocacy.

Privately employed forensic scientists: Consulting a private forensic scientists results in serious likelihood to the ethics in the field of forensic science. The private consultancy offers the greatest risk of malpractice as there are less supervision, less peer review, and more financial incentive. No disciplinary code can be applied to such private consultants.

Publicly employed forensic scientists: Public forensic laboratories are a part of local law enforcement agency. And it is necessary to maintain the autonomy of these laboratories to maintain high ethical ground.

Obligations to the forensic science profession and professional skill maintenance: All forensic scientists have the innate responsibility and obligation towards the forensic science profession to maintain the higher ethical values and standards. Ethical dilemmas include three categories that are a failure to keep up to date with recent advancements and updated knowledge, improper use of proficiency tests, continuing the improper educational practice.

Objectivity in forensic science: The basic principle of ethics is telling the truth and distinguishes between subjective and objective truth telling. Subjective truth telling is to state what we believe is true whereas the objective is to recognize the limitations of methods used to reach conclusions. The ethical forensic scientist is a scientist who strives to reach conclusions based on examinations performed without any bias or extending themselves beyond their capabilities or talents.

Ethical dilemmas in forensic psychology:

The following are the ethical issues after reviewing various ethical codes present across the world.

Misuse of work: Psychologists need to avoid or refuse to participate in practices contrary to the legal, civil or moral rights of others as well as refuse to assist anyone who might use a psychologist’s knowledge to advise, train or supply information to anyone to violate human rights.

Competence: Psychologists must work as per and to the best of their competence boundaries, based on their education, training, supervised experience, consultation, study or professional experience. Competence can be determined by the relative complexity and nature of the service to be provided, relevant training and experience, preparation and study they were able to devote to the matter, and the opportunity for consultation in a particular subject matter area.

The basis for scientific and professional judgments: These must be based on established scientific and professional knowledge, up to date research, with relevant literature and continuing education.

Delegating work to others: It is known as Vicarious Liability, is the concept of supervision, where the supervisor is responsible for the work of those under his supervision.

Avoiding harm: Forensic psychologists must consider long-term harms before giving any evaluation.

Multiple relationships: Defined as being in a professional role with a person and at the same time in another with the same person or a closely associated person or promising to enter into another relationship with a person or a closely related person. If the psychologist is required by law, institutional policy or unusual circumstances, to serve multiple roles in legal proceedings, they must clarify their role expectations and the extent of confidentiality at the outset and as circumstances change.

Exploitation: A forensic psychologist must not exploit those whom one supervises like clients, patients, students, supervises etc.

Informed consent: One must seek the consent of both the person involved and the representing council. Oral consent can be taken in cases where the written consent cannot be obtained.

Confidentiality: The prime obligation of a forensic psychologist to take reasonable precautions to protect the client’s confidentiality and must make it clear as or its limits.

Forensic methodology: The duty of the forensic practitioner is that he must not withhold, distort or modify any relevant information, misinterpret the available evidence, and attempt to avoid or deny the contrary evidence. The forensic psychologist must not make any premature conclusions.

Documentation: Proper records must be maintained to facilitate the provision of research, institutional requirements, accuracy in billing and compliance with the law.

Assessment: Tests used for the assessment must be reliable and validated. Also, the strengths and limitations of the test data must be discussed.

Ethical dilemmas in forensic genetics:

Collection and storage of DNA samples: The UK National DNA database was first forensic DNA database established in 1995. Its expansion to include DNA profiles of millions of innocent citizens into the database was widely criticized for it was considered as a breach of personal space. Different countries have different criteria to whose DNA sample must be obtained.

 

Testing the samples/ using the results: Correct sample collection, security, transport, storage along with processing and analysis are important conditions required for the high-quality database management. Meeting these conditions results in high level of confidence which in turn results in high reliability and high credibility.

Access and retention of DNA samples: DNA profiles are stored in databases. DNA might reveal illness history. While establishing such correlations and investigating researcher tends to overuse these databases. This will further put pressure on other databases.

Misuse of genetic research in application of genetics to forensic sciences: Forensic scientists try to use results from genetic research to put ethnic and racial labels on the samples encountered on the crime scene. However, many authors believe that the ethnic and racial differences are cultural in nature rather than biological or genetic.

Conclusion:

Ethics are the soul of any profession and without it, the meaning of profession is vague and ambiguous. Ethics help in establishing quality, validity, and authenticity of the profession. Forensic science deals with the legal aspects and may help in establishing the guilt or exonerating the accused. it is mandatory for every forensic organization to have an ethical code which guides forensic scientists to perform their duty with honesty and passion.