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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