Ethics and the practice of forensic sciience/ Robin T. Bowen

1 What Is Ethics? 1
Introduction 1
Ethical Theories 2
The Study of Ethics 3
Utilitarianism: The Greater Good 4
Deontological Ethics: Obligation and Intention 6
Comparing Approaches for Forensic Science 8
Ethical Decision Making 9
Framework for Ethical Decisions 12
Rule 1: Inherent Good Surpasses Noninherent Good 13
Rule 2: Noninherent Evil Surpasses Inherent Evil 14
Rule 3: When Selecting between Levels of Good or Evil,
Select the Highest Good or the Lowest Evil 14
Result of Decisions 14
2 The Ethics of the Criminal Justice Culture 19
Introduction 19
Recruitment 20
Culture 21
Ethics of Criminal Justice 23
Ethics Training 25
Unethical Behavior 26
Sources of Pressure for the Forensic Scientist 31
3 Ethics in the Courtroom: The Scientist's
Perspective
Introduction
Role of Attorneys 34
vii
Vlll
Attorney-Expert Relationship
Misconduct
Examples of Misconduct
Duke Lacrosse Case, 2006
Federal Prosecutors, 2007
Research Ethics in Science
Introduction
Science, Technology, and Society
Research and Publication
Ethics in Science and Research
Misconduct
Ethics in Forensic Science
Introduction
Crime Scene
Laboratory
Role of the Scientific Expert Witness
Qualification
Admissibility of Scientific Evidence
Table of Contents
The Frye Case
67
The Daubert Case
Parameters
69
Misconduct
71
Unethical Behavior: The Fork in the Road
75
Introduction
75
Unethical Behavior
77
Motivation
82
Justification
85
Consequences 86
Whistle-Blowing 88
Good Examples of Bad Behavior
93
0. J. Simpson Case
Case Studies
False Credentials (Associated Press, 2007a)
94
Misleading Degree (Moran, 2006)
Pros
Cons
Abuse of Power (North, 2001)
36
38
40
41
42
45
45
46
48
51
52
57
57
58
59
61
64
66
68
93
94
96
96
96
97
Table of Contents
Supporting a Habit (Huicochea, 2008)
"Errors" (Armstrong, 2007)
Prosecutor Pressure (Moxley, 2008)
Detroit (Clickondetroit.com, 2008)
Procedure (Johnson, 2008)
Fingerprints (Associated Press, 2008)
Personal Gain (Bone, 2007)
Research (Associated Press, 2006)
So What Happened?
What Was the Scientists' Defense?
On the Other Hand...
FBI Whistle-Blower
Notorious Examples Every Forensic Scientist Should Know
Fred Zain
Michael West
Kathleen Lundy
Allison Lancaster
David Petersen
Joyce Gilcrist
Houston Police Department Crime Laboratory
8 Codes of Ethics
Introduction
National Forensic Center
Developing Codes of Ethics
Purpose
Council of Scientific Society Presidents Study of Codes of
Ethics
Familiarity with Codes of Ethics
The American Academy of Forensic Sciences (AAFS)
Article II. Code of Ethics and Conduct
The American Board of Criminalistics (ABC)
Rules of Professional Conduct
■ American Society of Crime Laboratory Directors
The International Association for Identification (lAI)
An Ethical Approach to Forensic Professionalism 123
Introduction
Education
Competence
Professions and Professionalism
IX
98
98
99
100
101
102
102
103
103
104
104
104
105
105
105
105
105
106
106
106
107
107
109
110
111
113
113
114
114
118
118
120
120
123
123
126
127
Table of Contents ix
Supporting a Habit (Huicochea, 2008) 98
"Errors" (Armstrong, 2007) 98
Prosecutor Pressure (Moxley, 2008) 99
Detroit (Clickondetroit.com, 2008) 100
Procedure (Johnson, 2008) 101
Fingerprints (Associated Press, 2008) 102
Personal Gain (Bone, 2007) 102
Research (Associated Press, 2006) 103
So What Happened? 103
What Was the Scientists' Defense? 104
On the Other Hand... 104
FBI Whistle-Blower 104
Notorious Examples Every Fore.isic Scientist Should Know 105
Fred Zain 105
Michael West 105
Kathleen Lundy 105
Allison Lancaster 105
David Petersen 106
Joyce Gilcrist 106
Houston Police Department Crime Laboratory 106
8 Codes of Ethics 107
Introduction 107
National Forensic Center 109
Developing Codes of Ethics 110
Purpose 111
Council of Scientific Society Presidents Study of Codes of
Ethics 113
Familiarity with Codes of Ethics 113
The American Academy of Forensic Sciences (AAFS) 114
Article 11. Code of Ethics and Conduct 114
The American Board of Criminalistics (ABC) 118
Rules of Professional Conduct 118
American Society of Crime Laboratory Directors 120
The International Association for Identification (lAI) 120
9 An Ethical Approach to Forensic Professionalism 123
Introduction 123
Education 123
Competence 126
Professions and Professionalism 127
Awareness
National Academy of Sciences Report
Appendix A: Initial Research Data on Ethics in Forensic
Table of Contents
Science 131
Appendix B: Additional U.S. Forensic Science
Professional Codes of Ethics
141
Appendix C: U.S. Law Enforcement Professional Codes
of Ethics 157
Appendix D: International Forensic Science
Professional Codes of Ethics
Bibliography
Index
128
129
171
165
187
Foreword
DOUGLAS M. LUCAS
Forensic scientists have been assisting the judicial process throughout the world
for at least several hundred years through the provision of scientific and techni
cal information derived from physical evidence of all kinds. This information
has been, and continues to be, delivered in the form of verbal or written reports
to investigators and attorneys or by means of viva voce testimony in courts or
tribunals of various kinds. Throughout this time, these specialized scientists
and technicians have usually performed their examinations according to the
appropriate professional standards of the day and the generally accepted ethics
of their professions. In earlier times, the latter were generally intuitive rather
than promulgated, but in more recent years professional codes of ethics have
I been developed to assist in the guidance of what is and is not acceptable.
Notwithstanding this, the timing of the publication of this book on ethi
cal practices in forensic science could not have been more appropriate. The
interest of the general public in ethical performance in all fields has been
Istimulated by the well-publicized departures from ethical practice by some
business executives (at, e.g., Enron, AIG, Martha Stewart Omnimedia) and
ty some in the world of sports (e.g., figure skating judges at the Salt Lake
'City Olympics, performance-enhancing drug users). Such deviations from
acceptable practice have not been restricted to boardrooms or athletic ven
ues; sadly, some have also occurred in forensic science laboratories. Although
he numbers are relatively small, such events, when they do occur, develop
■ery high profiles. Major media headlines have been generated by issues in,
or example, the laboratories of the Federal Bureau of Investigation (FBI), the
i)etroit Police Department, and the Houston Police Department. The latter
Insulted in more than 200 articles in a single newspaper over a four-year
reriod.
The enhanced interest of the public at large in ethics has been mirrored
additional emphasis by the forensic science profession on ethical con-
dict In 2008 the principal forensic science laboratory accrediting body, the
American Society of Crime Laboratory Directors Laboratory Accreditation
grard (ASCLD/LAB), began to require that staff of accredited labs receive
t.iining in the application of ethical practices in forensic science.
i In February 2009, the U.S. National Academy of Sciences in its report
Siengthening Forensic Science in the United States: A Path Forward recom-
rninded the following: