Download Module 2B

Survey
yes no Was this document useful for you?
   Thank you for your participation!

* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project

Document related concepts

Alasdair MacIntyre wikipedia , lookup

Virtue ethics wikipedia , lookup

Morality and religion wikipedia , lookup

J. Baird Callicott wikipedia , lookup

Kantian ethics wikipedia , lookup

Ethical intuitionism wikipedia , lookup

Crime wikipedia , lookup

Secular morality wikipedia , lookup

Sexual ethics wikipedia , lookup

Primary care ethics wikipedia , lookup

Declaration of Helsinki wikipedia , lookup

Thomas Hill Green wikipedia , lookup

Aristotelian ethics wikipedia , lookup

Ethics of technology wikipedia , lookup

Emotivism wikipedia , lookup

Ethics of artificial intelligence wikipedia , lookup

Marketing ethics wikipedia , lookup

Organizational technoethics wikipedia , lookup

Arthur Schafer wikipedia , lookup

Medical ethics wikipedia , lookup

Accounting ethics wikipedia , lookup

Clare Palmer wikipedia , lookup

Compliance and ethics program wikipedia , lookup

Ethics wikipedia , lookup

Jewish ethics wikipedia , lookup

Business ethics wikipedia , lookup

Ethics in religion wikipedia , lookup

Transcript
Module 2B
Forensic Science Ethics
Forensic Science Teacher Professional Development
Unit 2.6: What is Ethics?
 Ethics codes are a vital part of the designation
of a discipline as a profession.
 Ethics is the study of ideal human behavior and
the principles which guide that behavior.
 The philosophy of ethics deals with moral issues
of right versus wrong behaviors and good
versus bad outcomes and consequences.
 Morals are specific and generally agreed upon
standards of conduct considered societal norms.
 The principles of morality provide the practical
foundation for ethics.
Unit 2.6: What is Ethics?
 Ethics are a guide to problem solving within a
profession. Because of the trust given to forensic
professionals by the public, professional ethics is of
primary importance.
 Ethical behavior is a result of four processes:
(a) The ability to interpret situations, recognize the
ethical issue, and understand consequences, which
is moral sensitivity
(b) The ability to decide which act is morally justified,
which is moral judgment
(c) The commitment to doing what is ethical, using
ethical standards, and taking responsibility for
consequences, which is moral motivation
(d) The courage, determination, and confidence to
execute ethical behavior, which is moral character
Unit 2.7: Personal Ethics
 Individual personal ethics cannot be separated from
professional and legal ethics. Situations in which
individuals do not know the right course of action to
undertake are known as ethical dilemmas.
 In a personal context, ethics is comprised of five
basic elements: discretion, duty, honesty, loyalty, and
respect.
 Discretion is the ability to make choices in situations
that have no clear rules or social norms.
 Duty is the process of deciding between competing
obligations.
 Honesty, loyalty, and respect for others are also
important aspects of personal ethics.
Unit 2.7: Personal Ethics
 Ethics in the context of criminal justice
must balance aspects of peace, order,
liberty, security, and the law.
 In the criminal justice context, the law
dictates what people must do. However,
ethics is concerned with what people
should do.
 Forensic professionals must consider the
personal, social, legal, and criminal justice
contexts of ethics in the forensic
profession.
Unit 2.8: Ethics in Criminal Justice
 Justice is defined as the fair and equitable
treatment of all individuals under the law.
 There are several principles necessary for
justice in society.
 Each and every individual in society must have
the right to freedom.
 The rights for equal opportunities should be
based on ability and should not be subject to
politics or social interest.
 The criminal justice profession should be based
on the principles of fairness, equality, and
impartiality.
Unit 2.8: Ethics in Criminal Justice
 Law enforcement officers, who serve and
protect the public, have a great responsibility to
society.
 It is within their power to initiate the criminal
justice process or not initiate the criminal justice
process.
 Criminal justice professionals must work as a
team with politicians, legal institutions, courts,
and the society at large to address issues that
others are not called on to address.
Unit 2.8: Ethics in Criminal Justice
 Criminal justice practitioners are trained to follow the
common standards of natural law.
 Natural law is the sanction that regulates behaviors of
people on the basis of universal traits and common
experiences. Natural law is comparable to common
law, civil law, and religious law.
 Natural law guides natural human rights, such as life,
liberty, and freedom. The ethical implication of natural
law is to maintain dignity equally, regardless of
whether practitioners agree on the process.
Understanding the concept of natural law allows
police to follow a hierarchical order of virtues (for
example, human, American, and professional).
Unit 2.9: Scientific Ethics
 Scientists observe, analyze and perform
experiments in a systematic manner.
 Once that process is completed, scientists then
disseminate their results to interested parties;
this may include publication in professional
journals.
 Scientists strive to follow the scientific method in
their work, but the real world does not always
operate within the ideals of the scientific method.
Unit 2.9: Scientific Ethics
 Ethics are of utmost importance.
 In science, experimentation is commonly
performed in a closed setting without the
transparency that could allow for a check and
balance on proper scientific methods.
 Unethical scientists can use this secrecy to their
advantage to support their own agenda rather
than to promote truth and knowledge.
 Often inflated and unsubstantiated scientific
findings are so widely reported in the media that
society accepts those statements as fact.
Unit 2.9: Scientific Ethics
 Scientific knowledge is explored largely through
research and publication of the findings of that
research.
 The scientist is expected to pursue this process
in an unbiased, truthful manner.
 Because of this expectation, the integrity of the
individual scientist is paramount.
Unit 2.9: Scientific Ethics
 Obstacles in the peer review process may allow for unethical
scientists to abuse the process.
 These obstacles can include but are not limited to the
following:
• Lack of access to original data
• Bias on the part of the scientist and peer reviewers
• Time and funding constraints
• Knowledge and skill constraints
 Intentional deception is an effect known as the Matthew
effect, which may also play a part in the journal publication
process.
 The Matthew effect is a term created by noted criminologist
Robert K. Merton that states that there is a tendency for
renowned scientists to get more credit for current work than is
actually deserved due to their past accomplishments.
Unit 2.9: Scientific Ethics
 Scientists have a responsibility to ensure that their work
considers the relationship among ethics, values,
policies, and science.
 One study indicated that approximately one-third of
scientists admitted to misconduct in their work.
 This study indicates that scientists must be careful to
avoid conflicts of interest with funding sources that
might pressure them to compromise their ethics and
report results that the funding agency would like to see
rather than the actual results.
 Scientists should ensure that careful records are kept
that outline what steps were taken in each stage of
research.
 These records will ensure that proper replication of the
study can take place and that the study results are
reliable.
Unit 2.10: Crime Scene and Forensic
Laboratory Ethics
 The forensic science profession applies science within a legal
setting.
 Forensic evidence is used to prove or disprove facts in question
in a court of law.
 Typically, forensic science professionals are scientists who
have been trained in hard sciences such as chemistry and
biology.
 Increasingly the media glamorizes the forensic science
profession through a variety of television shows and movies.
 There is even a documented “CSI Effect” which indicates that
juries expect forensic science to be vital to proving a case,
whether or not the type of evidence is actually relevant to a
case.
 This public microscope on forensic professionals makes ethics
a vital part of the profession.
Unit 2.10: Crime Scene and Forensic
Laboratory Ethics
 Crime scene investigators are responsible for
documenting the scene and preserving and
collecting evidence.
 Each stage of this process can be susceptible to
mistakes or overt unethical acts by practitioners.
 Reliability of the evidence documentation and
collection procedures allows the evidence to travel
through the chain of custody into the forensic
laboratory for scientific analysis.
 Investigators rely on truthfulness.
 Courts rely on truthfulness.
 Ethics are vital to ensuring that justice is served.
Unit 2.10: Crime Scene and Forensic
Laboratory Ethics
 Communication is critical at each crime scene so that
investigators and forensic professionals understand
their proper role in collecting and preserving evidence.
 This communication should be documented in writing
at all stages of the scene processing.
 Written documentation of the crime scene ensures
proper sketching, photography, and other methods to
record the scene.
 The documentation of the evidence is vital to
reconstructing the circumstances of a crime.
Unit 2.10: Crime Scene and Forensic
Laboratory Ethics

After evidence is submitted to a forensic laboratory,
the investigators request appropriate laboratory
analyses.

Investigators will share information with the forensic
laboratory on the details of the crime and the
relationships among persons, places, and things
that are relevant to the circumstances.

Procedures dictate how evidence is handled and in
what order.

Prioritization may occur based on the severity of the
crime.

Next, evidence is compared to known standards to
determine facts about the evidence.
Unit 2.10: Crime Scene and Forensic
Laboratory Ethics

Ethical considerations in this process cannot be ignored.

The laboratory personnel have an obligation to examine all
relevant evidence, to prepare and consume samples
according to accepted standards, and to maintain the proper
chain of custody.

Personnel must conduct their work in a manner that ensures
the scientific standards of validity, reliability, accuracy, and
precision are followed.

If the scientific method is not followed, or the chain of
custody not maintained, then evidence will not be admissible
in court.

Forensic scientists do not serve as advocates for any party
to a case but should be impartial scientists who, upon
examination of the evidence according to accepted
standards, can provide facts on which investigators, judges,
and juries can rely.
Unit 2.10: Crime Scene and Forensic
Laboratory Ethics

Misconduct can be perpetrated by agencies and individuals.

The current professional climate may open the door for systemic
misconduct.

It is not mandatory for forensic laboratories to seek accreditation.
There is a voluntary accreditation process set forth by the
American Society of Crime Laboratory Directors-Laboratory
Accreditation Board (ASCLD-LAB).

States are increasingly requiring forensic laboratories to seek
accreditation or, at least, aspire to meet the criteria of
accreditation.

The American Society for Testing and Materials (ASTM) E30
standards for forensic science are set out as voluntary standards
to assist with accreditation of agencies.

The accreditation process only endorses the forensic laboratory
itself, not the individual scientists who work within that forensic
laboratory.
Unit 2.10: Crime Scene and Forensic
Laboratory Ethics

Another ethical consideration with forensic laboratories is
the pressure that influences a forensic scientist with
access to the laboratory and its resources.

Forensic laboratories typically support a parent agency,
which is customarily a law enforcement agency.

This structure allows police officers, detectives, crime
scene personnel, and prosecutors to have access to
laboratory services while defense attorneys do not have
access to the same resources.

Often, involvement with multiple agencies makes it difficult
to know whose professional ethics to follow.
Unit 2.10: Crime Scene and Forensic
Laboratory Ethics
In summary, the following ethical duties are expected of forensic
professionals:
1.
The duty to remain competent in a wide range of scientific
fields while often limited resources for library and professional
meetings are available
2.
The duty to be as objective as reasonably possible in the
selection of samples, examinations, and the interpretation of
results
3.
The duty to act thoroughly and to produce results and
conclusions within the capabilities and limitations of science
and within the expertise of the individual scientist
4.
The duty to be openly communicative
Because of the unique relationship between science and the law,
it is imperative that forensic scientists maintain ethical professional
standards while conducting their duties. These ethical standards
will ensure that their scientific findings will be admissible in court.
Unit 2.11: Courtroom Ethics

Testimony in a courtroom can be required of any
person involved in the investigation process.

Expert witnesses are used in court to provide their
knowledge and expertise in court.

Forensic scientists who serve as expert witnesses
have an ethical obligation to factually and honestly
define their area of expertise to the court and to
confine their testimony to the scope of their expertise.

It is important that the forensic professional be willing
to divulge information to the court. Even though he or
she is not legally bound to divulge information, ethical
considerations dictate he or she provides that
particular information.

Also, forensic professionals should be prepared to
acknowledge contradictory evidence and responsibly
report the limitations of their own findings.
Unit 2.11: Courtroom Ethics

Expert witnesses will be scrutinized heavily by either
side. Often, one side will try to attack the credentials
or findings of the expert witness.

It is important that expert witnesses maintain their
integrity, follow accepted standards of ethics, and not
misrepresent their background or their work.

Expert witnesses are not advocates for any side and
should refrain from becoming defensive.

It is the ethical responsibility of the expert witness to
only respond to questions directly asked by the parties
and to cease his or her testimony if interrupted by a
judge or attorney.

It is also unethical for an expert witness to avoid
questions that he or she thinks may support the other
side.
Unit 2.11: Courtroom Ethics

It is also the ethical responsibility of the expert witness
to properly maintain written documentation that
includes necessary details of the findings.

These reports should also acknowledge any work or
services conducted by others.

Forensic professionals as expert witnesses should
also avoid any speculation and should freely
acknowledge the limitations of their area of expertise.

Juries inherently trust the testimony of expert
witnesses, and ethical expert witnesses will ensure
they fully understand questions posed to them and
respond only to those questions.

The expert witness should also acknowledge any
limitations or weaknesses in their work. It is also
considered unethical for the expert witness to discuss
the case with outside parties.
Unit 2.11: Courtroom Ethics

It is the professional and ethical obligation of an expert
witness to prepare properly for court by reviewing his or her
notes.

Experts should provide adequate information and explain the
science involved to the attorneys.

Experts should avoid hearsay and maintain a professional
demeanor even if they have been mislead or
mischaracterized by the other side.

Following accepted standards of professionalism and ethics
during courtroom testimony will ensure that while differing
opinions may be presented by each side, the expert witness
is viewed as an honest and ethical professional.

Further considerations regarding expert witness testimony
and admissibility of evidence will be discussed in Module 3:
Legal Aspects of Forensic Science.
Unit 2.12: Ethics Enforcement

Unfortunately, not all forensic professionals will act
ethically, but there are provisions in place to discipline
unethical practitioners in the field.

Forensic professional organizations not only are
charged with developing formal codes of ethics, but
they are charged with the enforcement of those codes
when violated by their members.

These organizations have a formal process that is
followed to charge any member with ethical violations.

The goal of these codes is to provide written rules
which govern behavior based on moral values.

The codes of ethics set out what is legally, morally,
and ethically expected of members in the hopes that
members will be deterred from acting unethically.
Unit 2.12: Ethics Enforcement

Not all organizations related to forensic science have
established formal ethical codes of conduct.

This absence of a formal code should not imply that the
organization is unprofessional.

Of those organizations that have a written code of ethics in
place, there is also a formal procedure for enforcing violations
of that code.

The generally accepted standard of those enforcement
procedures is that the process for filing a complaint should be
straightforward enough to not intimidate the person
complaining, but have sufficient provisions in place so that the
process cannot be used to harass others.

The organizations also have procedures in place to investigate
alleged violations. Overall, while the procedures are in place,
most organizations have few complaints.
Unit 2.12: Ethics Enforcement
The ethics codes are concerned with public trust, integrity,
objectivity and independence of decisions, and professional care
and competence for technical and ethical standards of the
profession.
There are three types of codes:
1) The first type of code is general, which provides little value as
a guide in specific circumstances. It serves to supplement the
codes of ethics for individual specialization areas, such as the
American Academy of Forensic Sciences.
2)
The next type is specific, which helps to define a profession
for the first time. This type bridges the gap between law, which
has a strong ethical tradition, and science, which has tried to
develop professional recognition and self-governance. An
example of an existing specific code is the California
Association of Criminalists’ code.
3)
The final type is personal, which is used if no specific
principles or rules are present. People must rely on their
personal ethics for guidance.
Unit 2.12: Ethics Enforcement
The codes are a method of maintaining balance within
professional organizations when they are used to judge
disputes among members.
Codes of ethics serve several purposes:
1) First, the codes assure individuals outside of the
profession that there is a certain degree of uniformity in
standards of performance and moral conduct from
members.
2)
Next, the codes assure professionals that they can
similarly rely on colleagues to maintain a certain level
of technical and moral standards in exchange for
conducting themselves in accordance with the same
principles.
3)
Finally, the codes serve as a notice to the public that
individuals engaged in the profession who are
nonmembers of the association are not bound to the
code.
Unit 2.13: Professional Organization
Code of Ethics and Conduct
Please review the link below for an example of one
organization’s code of ethics and conduct.
AAFS Code of Ethics and Conduct
http://www.aafs.org/aafs-bylaws#Art2
Unit 2.13: Professional Organization
Code of Ethics and Conduct
The American Society of Crime Laboratory Directors
(ASCLAD)
 The ASCLD code of ethics deals with the various
professional responsibilities of forensic laboratory
directors.
 ASCLD’s code of ethics has served as a model for
many other forensic organizations.
 The ASCLAD code also encourages employees to
participate in professional society activities.
http://www.ascld.org/
http://www.ascld.org/docs/members/Code%20of%20Ethics.pdf
http://www.ascld-lab.org/wp-content/uploads/2014/07/AL-PD-1020_Proficiency_Testing__Review_Program_v1.1.pdf
Unit 2.13: Professional Organization
Code of Ethics and Conduct
The International Association for Identification (IAI)
http://www.theiai.org/
International Association of Chiefs of Police (IACP)
http://www.theiacp.org/
Unit 2.13: Professional Organization
Code of Ethics and Conduct
IACP Law Enforcement Code of Ethics
http://www.theiacp.org/PublicationsGuides/ResearchCenter/Publications/tabid/299/Default.aspx?id=82&v=1
“As a law enforcement officer, my fundamental duty is to serve the
community; to safeguard lives and property; to protect the innocent
against deception, the weak against oppression or intimidation and
the peaceful against violence or disorder; and to respect the
constitutional rights of all to liberty, equality, and justice.”
“I will constantly strive to achieve these objectives and ideals,
dedicating myself before God to my chosen profession … law
enforcement.”
End of Module 2B
Forensic Science Teacher Professional Development