FORENSIC SCIENCES SERVICES AND THE CRIMINAL JUSTICE SYSTEM AS VIEWED BY THE DEFENSE

• NCJ Number: 59428
• Journal: Journal of Forensic Sciences Volume: 24 Issue: 3 Dated: (JULY 1979) Pages: 673-680
• Author(s): J F KEEFE
• Date Published: 1979
• Length: 8 pages
• Corporate Author: American Acad of Forensic Sciences
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: PRESENTED AT THE SPECIAL NATIONAL WORKSHOP ON 'FORENSIC SCIENCES SERVICES AND THE ADMINISTRATION OF JUSTICE' SPONSORED BY THE NATIONAL INSTITUTE OF LAW ENFORCEMENT AND CRIMINAL JUSTICE, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, HELD IN KENNER, LA ON MARCH 22-23, 1978

Annotation

THE LIMITED USE OF THE FORENSIC SCIENCES IN CRIMINAL PROSECUTIONS, PARTICULARLY IN THE DEFENSE OF CRIMINAL CASES, IS ADDRESSED AND POSSIBLE SOLUTIONS TO THE PRESENT SYSTEM ARE PROPOSED.

Abstract

PHYSICAL EVIDENCE IS OFTEN OVERLOOKED DURING POLICE INVESTIGATIONS. LACK OF EDUCATION, TRAINING, AND AWARENESS OF WHAT FORENSIC SCIENCES CAN DO IN INCRIMINATING OR EXCULPATING THE ACCUSED ALL CONTRIBUTE TO THE PROBLEM. IN ADDITION, MONETARY ISSUES MITIGATE AGAINST THE CLIENT WHOSE ATTORNEY IS A PUBLIC DEFENDER. FOR EXAMPLE, A WEALTHY CLIENT WHO HIRES A PRIVATE CRIMINAL PRACTITIONER CAN ALSO AFFORD TO FINANCE THE SERVICES OF EXPERT WITNESSES TO RESEARCH AND SUPPORT HIS DEFENSE. IN CONTRAST, THE MIDDLE- OR LOW-INCOME CLIENT MUST DEPEND ON HIS COUNSELOR'S KNOWLEDGE OF FORENSIC SCIENCE, AND IRONICALLY ON THE RESULTS OF THE PROSECUTION'S CRIME LABORATORY. MOREOVER, THE POLICE PHILOSOPHY WHICH STRESSES THE OBTAINING OF A CONFESSION AT ALL COSTS, MEANS THAT EVIDENCE NOT CONSISTENT WITH THE POLICE THEORY OF A PARTICULAR CRIME IS IGNORED OR RELEGATED TO INSIGNIFICANT STATUS. THERE SHOULD BE SEPARATE FUNDING FOR THE JUCICIARY, THE PROSECUTING ATTORNEY, AND THE PUBLIC DEFENDER'S OFFICE AS WELL AS CONTINUING EDUCATION PROGRAMS CONCERNING THE APPLICATION OF FORENSIC SCIENCE EVIDENCE IN CRIMINAL CASES. IN ADDITION, POLICE INVESTIGATION SQUADS SHOULD BE EDUCATED IN THE FORENSIC SCIENCES AT REGULAR INTERVALS. PRESENT ON-THE-JOB TRAINING PROCEDURES SHOULD BE DISCOURAGED, IF NOT TOTALLY ELIMINATED. ALSO, FINANCIAL RESOURCES FOR BOTH STATE AND LOCAL CRIME LABORATORIES SHOULD BE INCREASED. FINALLY, THE FORENSIC SCIENCES MUST DELINEATE CRITERIA, STANDARDS, AND CERTIFICATION PROCEDURES FOR THE VARIOUS DISCIPLINES TO WEED OUT SELF-PROCLAIMED EXPERTS AND OPPORTUNISTS. THROUGH LONG-TERM EDUCATION BY FORENSIC SCIENTISTS, THE HOSTILE ATTITUDES OF FORMER POLICE EXPERTS TOWARD THE DEFENSE MAY BE CHANGED. REFERENCES ARE PROVIDED. (LWM)