The Use of Forensic or Forensic Science - Essay Example

CHALLENGES POSED BY FORENSIC SCIENCES TO THE CRIMINAL JUSTICE SYSTEM STUDENT’S NAME INSTRUCTOR’S NAME CLASS NAME DATE WHEN DUE Challenges Posed By Forensic Sciences to the Criminal Justice System Introduction The use of forensic or forensic science involves the use of science in questioning things of the legal system interest. This is an investigative system that has been in the legal system, in questioning causes of a particular crime. Indeed, forensic science is an application of sciences in getting evidence on some aspect that may have led to a particular crime.1 In this system of investigation, in most cases, it will involve a series of various science applications in answering questions that relate to examinations and comparison of trace evidence, impression evidence, firearm evidence, drug evidence and most inclusively, biological evidence. This is a system that has been in use within the criminal justice system for quite some time, bringing in various benefits in regard to the provision of evidence in almost all crimes. Therefore, this is a resource in the criminal justice system that is highly important due to its role in investigations of different modes of crimes. Apparently, Forensic science as a uniquely vital element of the criminal justice system has subsequently been faced with various challenges. This is majorly in some of its techniques used in criminal investigations.2 Many police departments across the world have relied on the use of forensic in most of their investigation, and; therefore, the challenges facing this investigative unit poses a great threat to the entire investigative bodies in many criminal justice departments worldwide. Consequently, forensic science in major criminal investigations has proved to be highly helpful, though some of its challenges truly act as a drawback to its efficiency in investigative practices. The movie industry, particularly in the United States, has played a bigger role in depicting the use of this method in crime investigations. The popular television series CSI or Crime Scene Investigation is a good example of the how forensic science is used in crime investigations, showing exclusive activities of the forensic scientists. It is important to note that, the work of forensic science laboratories highly varies, and is extremely complex. The technical analyses that are usually performed are required to be able to forestall, and subsequently defeat any challenge. In order to be able to defeat any challenges in this investigative procedure, forensic science laboratories must always stay abreast of, as well as have an access to the latest forms of technology and methods.3 In assessing the current states of the national forensic science laboratories in the United States, it has been found that, although necessary technologies, as well as methods are available, they are still faced with the use of certain forensic technologies in their investigations. Some investigations have turned to be quite uninformed and out of context, due to use of failed technologies or unfamiliarity with the use of such technologies. In the recent years, the use of forensic science in criminal investigation has evolved quite significantly, providing well certified practitioners, as well as guidelines in regard to the conducts of their investigative activities.4 With the adequacy of technology in everyday use, forensic science techniques have been highly applied to a wide range of digital equipment and media, hence posing quite many challenges to the experts and the subsequent people who make use of these skills.5 According to information on the use of forensic science in criminal justice of the United States, there has been much inefficiency that has in the recent past reported to have happened mainly due to the subsequent changes of technological use to their investigations. Consequently, forensic techniques may also address the mode of analysis, as well as reporting of digital evidence after any incident has occurred, only with an aim of goal of preparing legally acceptable materials for judicial purposes or proceedings. Challenges facing the use of forensic science It is important to understand that, many forensic matters subsequently do not go to trial. This is commonly in the business arena, where in most cases the convincing set of data will often suffice to an induction of an out of court settlement, leaving the forensic evidence completely not useful. In other scenarios, forensic investigative techniques are applied, basically, on a need to know basis, in a way defocusing the usual lead into any justified resource of crime information. In most cases, out of court settlement undermine the efforts of the forensic science in the criminal justice, which is, indeed, expensive considering the time it takes to analyze, and eventually formulate a forensic report in regard to that particular crime.6 Forensic investigations are so much detailed, and in most cases, they are found to be 100 percent precise on their report; thus, they are a reliable asset to the criminal justice system. Acts of various the out-of-court settlements to throw away findings and conclusions made by forensic experts, indeed, undermines its widely informed work. Ostensibly, there have been problems mainly related to the interpretation of forensic evidence. In most cases, in the various criminal prosecution, as well as civil litigation, numerous forensic evidence are offered in support of the conclusions about individualization, which are sometimes referred to as matching of specimen, usually to a particular individual, or just a different source. The specimen produced by the forensic experts, primarily, targets at implicating a particular suspect into the crime, majorly using evidences collected from aspects related to the suspect, either DNA evidence, or use of figure print evidences. As a matter of fact, there is actually no other forensic method that has proven to be consistence, and with a high degree of certainty, as well as precise connection between evidence and the specific individual or source, than the nuclear DNA analysis. But, it is important to understand that, there are more established protocols, as well as available research, majorly for finger print analysis that is the case for lite marks analysis. Also in this connection, there are also variations within each and every discipline. It should be understood that, the interpretation of such complex analysis relatively requires more elaborate interpretation so as to increase, and ensure highly quality of precision. It should be understood that, not all fingerprint evidences are equally good, due to the fact that, the value of evidence is determined by the quality of a clear latent fingerprint image. These kinds of disparities between and within the forensic science disciplines show a major problem in the forensic science community.7 It is argued that, the interpretations of the forensic evidences are not always based on the various scientific principles to determine their specific validity. It is, indeed, a serious problem for the criminal justice to rightly rely on this type of evidence. Although research is primarily done in some disciplines, there is subsequently notable dearth of a more per reviewed, various published studies rightly showing the scientific bases, and finally, validity of the different varieties of the forensic methods used in the criminal justice. The forensic science evidences in the criminal justice face a stiff challenge in the measures of performances of research, and conduct of the various forensic evidences.8 This is majorly experienced in the evaluation of the accuracy of the forensic analysis, which is stated to essential in clarifying the type of question the specific analysis is referred to in the address. It is found that, while some of the techniques used in these methods may be too imprecise to allow accurate identification of a particular individual, there may be provision of very useful information in regard to the questions of classification. For instance, the infamous microscopic hair analysis may, indeed, provide highly reliable evidence on various characteristics of the person from which the specimen were taken from, but it may consequently not be able to provide a reliable match to the specimen with a particular individual. Nevertheless, the definition the ideal question is just the first step of the performance evaluation of the forensic technique. It is feared that, a body of research is subsequently required in establishing the limits, as well as performance measures, so as to be able to address the effect of sources of variability and the potential bias. Therefore, such extensive research is sorely required, though at times, it may seem to be lacking in the majority of the forensic science disciplines that primarily rely on the subjective assessments of matching characteristics. It should be understood that, this discipline need to gradually develop rigorous protocols to guide the various subjective interpretations, and rightly pursue equal research and evaluation of the different forensic programs. Also, development of such research programs are said to be quite useful as they can benefit from other areas, mostly from the large research body on the evaluation of observer performance in the area of diagnostic medicine, as well as findings from the cognitive findings on the potentiality for human error and biases. Forensic science faces a great challenge in its use in the criminal justice system, entirely because of the nature of the admission of forensic evidence in litigation. It is important to acknowledge that, forensic experts, as well as the evidence, are routinely used in the Criminal justice system. The DNA testing has been quite helpful in determining rape case across many states in America, as well as in other countries across the world. In this case, DNA testing is significantly used in determining whether sperm found of a particular rape victim comes from the accused individual or party.9 In the case of a fingerprint found on a particular gun, may be used rightly to determine whether an accused individual handled the weapon. In the occasion of drugs, a drug analysis as a forensic discourse may be used to determine whether some pills found in an individual’s possession were illicit. In a murder case, forensic research will use autopsy to determine the cause, as well as the manner of death, of a particular murder victim. In order to fully qualify for a forensic audit, complete forensic evidence is equally necessary, and anything contrary to this aspect poses a bigger challenge to the viability of the forensic science in criminal justice system. Moreover, it should be clear that a clear guideline and level of care be taken to the material for forensic analysis. Failure to fully attach the various forensic evidences will pose a great challenge to its validity in the criminal justice system. Improper ways of handling elements at a crime scene, for instance, deny a proper forensic audit, probably due to the interference of the materials that could be used for evidence.10 Finding a substantial piece of evidence for forensic analysis may at times be quite difficult. For example, the latent fingerprint is said to be badly smudged when found, and thus cannot be usefully saved, explained, or even analyzed. Also in the event of drug analysis, inadequate drug sample may not be enough to allow a proper analysis by the forensic team. In the use of DNA, tests that are performed on a contaminated, or a compromised sample, pose a great challenge for forensic analysis as they cannot be used reliably in identification, or even in the elimination of an individual subsequently as the perpetrator of a particular crime.11 These are quite crucial matters that involve the proper and an ideal way of conducting an inclusive and relatively exclusive forensic analysis. As a matter of fact, the greatest dilemma to the criminal justice in its greatest reliance on the forensic evidence, raising concerns of whether it should be considered for the majority of crime related issues. Another major challenge that the criminal justice face in regard to the forensic analysis is the fact that, most of the forensic laboratories are relatively under resourced and understaffed. This has contributed to a case of backlogs, an aspect that likely makes it quite difficult for the laboratories to do less in the analysis of materials related to a particular crime. Due to this reason, many forensic laboratories are more likely to do less in their capacity of informing investigations, provision of strong evidence for prosecutions, and may not be able to avoid errors that could eventually lead to imperfect justice.12 The aspect of being under resourced, definitely means that, the respective tools for forensic analysis, as well as the knowledge base that equally underpins the specific analysis and subsequent interpretation of the evidence, hinder the potentiality of this forensic method. Therefore, forensic analysis, as well as the interpretation is rightly hindered from excelling up to its proportionality. Providing the necessary tools for forensic analysis will, of course, guarantee the criminal justice a fair presentation of evidence at any given time. Contrary to this aspect, subsequently means that the forensic in incapacitated directly, limiting how just the criminal justice system should be like in any given country.13 Having minimal support to the forensic laboratories, indeed, compromises the ideal elements of provision of quality evidence to the criminal justice system. Apparently, there are many people who are truly hardworking and conscientious as well, in the forensic science community, subsequently limited by the elements of under sourcing, probably from the government or the relevant bodies. In addition, resources are quite necessary in creating high quality and self-correcting system of any judicial or criminal justice system across the world. Increasing staff would be necessarily essential in enhancing the capabilities of the forensic analysis. Forensic science enterprise is also said to be hindered by its extreme disaggregation. This is usually marked by multiple types of practitioners, who are often found to be from different educational levels and training. Others are even from different professional cultures, as well as standards for performance and variety of reliance on apprentice type training and guide-like structures of disciplines, which are said to work hand in hand against the goal of attaining forensic science profession. It has been found that, most forensic scientists are only given a scant of opportunities for the professional activities, which may include attending of ceremonies, or even publishing their research, an aspect that could be helpful in strengthening this profession, and ultimately offset some of the elements of disaggregation. Some existing federal agencies in the United States with other missions subsequent pose a huge challenge to the forensic science role in the criminal justice.14 Some of these agencies are said to get involved in undertaking projects that go in contrary to the primary principle of the forensic analysis, therefore, directly affecting the forensic community in the United States. Such agencies should be left to only deal with their stipulated duties, and not to interrupt activities that entail forensic analysis. This is because; an interruption to the forensic science directly affects the entire criminal justice system in the United States. In the recent years, the progress of the use of the forensic science in the criminal justice system has been found to have been adversely affected by acts and interferences of the federal government agencies in most states, in America. The federal agencies should, thus, be independent in addressing the various needs of the forensic science community, and, accordingly, should not directly interfere with its activities. Conclusion In conclusion, the challenges that are primarily posed by the forensic science to the criminal are, indeed, a threat to the integrity of the courts in the United States. Consequently, any elements that determine the integrity and the just nature of the courts are significantly alarming issues, which should be acutely resolved at whatever the cost.15 Implication of innocent people into crime cases will become the norm of the judicial systems, if the negative attributes of the forensic analysis prevail in the courts, in the United States. Therefore, there is a dire need to support the activities of the forensic scientist in order to achieve the best out of criminal justice system in the United States. Most importantly, equipping the forensic personnel in their investigative capacity would, indeed, improve the value of their findings. In most cases, the forensic laboratories are said to be underequipped, and subsequently understaffed, an aspect that significantly demeans the integrity of forensic analysis. Ensuring that the forensic scientists have the most adequate resources to conduct their analysis, definitely guarantees precise results, which would guarantee a fair trial in the criminal justice system. The forensic science community needs to be strong and independent in order to effectively deliver a substantial amount of quality analysis of respective specimen. Forensic science is quite vital in the criminal justice system, and thus, deserves to be fully supported and equipped so as to ensure fair judgments are delivered in courts whenever used. Bibliography Austin, Wendy, M. Boyd, and Wendy Austin. Psychiatric & Mental Health Nursing for Canadian Practice. Philadelphia: Wolters Kluwer/Lippincott Williams & Wilkins, 2010. Bartol, Curt R., and Anne M. Bartol. Current Perspectives in Forensic Psychology and Criminal Behavior. Thousand Oaks, Calif: SAGE, 2012. Hammer, Rita M., Barbara Moynihan, and Elaine M. Pagliaro. Forensic Nursing: A Handbook for Practice. Burlington, MA: Jones & Bartlett Learning, 2013. Jones, Andy, and Craig Valli. Building a Digital Forensic Laboratory Establishing and Managing a Successful Facility. Burlington, Mass: Butterworth-Heinemann/Syngress Pub, 2009. . Karagiozis, Michael Fitting, and Richard Sgaglio. Forensic Investigation Handbook: An Introduction to the Collection, Preservation, Analysis, and Presentation of Evidence. Springfield, Ill: Charles C Thomas, 2005. National Institute of Justice (U.S.). Status and Needs of Forensic Science Service Providers: A Report to Congress. Washington, D.C.: U.S. Dept. of Justice, National Institute of Justice, 2006. Pyrek, Kelly. Forensic Science Under Siege: The Challenges of Forensic Laboratories and the Medico-Legal Death Investigation System. Amsterdam: Elsevier Academic Press, 2007. Shelton, Donald E. Forensic Science in Court: Challenges in the Twenty-First Century. Lanham, Md: Rowman & Littlefield Publishers, 2011. Towl, Graham J., and David A. Crighton. Forensic Psychology. Chichester, West Sussex: BPS Blackwell, 2010. . Read More