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Ethics in Forensic Science: A Review of the Literature on Expert Testimony

NCJ Number
195831
Journal
Journal of Forensic Identification Volume: 52 Issue: 4 Dated: July/August 2002 Pages: 449-462
Author(s)
Kathleen D. Saviers
Date Published
2002
Length
14 pages
Annotation
This paper compares a series of ethical and unethical behaviors in the presentation of expert testimony by forensic scientists.
Abstract
The goal of all forensic specialists is to provide unbiased, scientific information based upon data. In February 1987, at the Annual Meeting of the American Academy of Forensic Science, Joseph Peterson surveyed some of the attendees to determine what ethical problems existed and how much of a problem they were. Seven examples of unethical behavior were identified in Peterson's study. These were the misrepresentation of education, training, experience, or area of expertise; the knowing falsification of reports, examination procedures, data, or opinions; a lack of theoretical understanding of testing procedures or the use of inappropriate or unreliable tests or procedures; the writing of reports or delivering of opinions that exceed the limits of the data used; a lack of objectivity influenced by employers, case adversaries, or other nonscientific considerations of a case; the delivery of testimony in such a manner that it is misleading and likely to implant false impressions in the minds of nonscientific fact finders; and the failure to report serious unethical conduct of fellow scientists. Ethical conduct requires remaining competent in a wide range of scientific fields; being as objective as reasonably possible in the selection of samples and examinations, as well as the interpretation of results; being careful to produce results and reach conclusions within the capabilities and limitations of science and the expertise of the individual scientist; and being openly communicative with other scientists so as to provide opportunity for critiques from other experts in the field. Generally, forensic scientists must be trusted as truth-seekers; this means they must resist being used as a pawn in a legal game or as a stepping stone to personal fame or fortune. 25 footnotes