JUSTICE FOR ALL

Session Overview

The Intersection of Science and Justice: Does Forensic Science Have a Role in Ensuring Justice for All?

Science, as a general discipline, is the practice of using systematic, rigorous observation, experimentation, and testing of theory-based hypotheses in environments over which the scientist has some control or can control for in their analyses. Though "science" is often used to describe a vocation, it is actually a philosophy. Science is a way of thinking, answering questions, and building an understanding of the world and the things and people in it. Forensic science, as a subdiscipline of general science, is broadly defined as the application of science to matters of the law. The tasks undertaken by forensic scientists incorporate many features seen in other types of science (i.e., practitioners must obtain and analyze evidence, interpret results, and provide critical information to support or refute hypotheses); however, there are some notable differences.

As opposed to most conventional scientific endeavors, in which debates over hypotheses and conclusions occur between scientists themselves and primarily in the academic realm, the practices of forensic science operate in a unique arena in which results are routinely presented to non-scientists (e.g., law enforcement professionals and triers of fact), with some cases finding their way into courts of law. This requires forensic scientists to navigate the differing interests, values, and/or needs of law enforcement, the legal community, public safety, individual liberty, and public perception all within an adversarial legal system staffed by professionals with varying degrees of scientific literacy. 

Complicating matters further, forensic work, although typically performed under the direction and auspices of law enforcement and prosecutorial agencies, may also be performed under the direction of defense counsel or other agencies, lending an inherent view that forensic practices are biased. Although there are an increasing number of so called "independent" forensic laboratories, experts, or organizations, many of these entities still operate within a government structure which, although less direct, may still be subject to certain subjective pressures providing the appearance of bias.

Scientists and forensic experts should strive for impartiality and objectivity at all times. Ideally, they should be the most objective component in any legal system as they must adhere to the facts, and present only information and opinions supported by a thorough scientific analysis of evidential data and/or a methodical consideration of information empirically demonstrated in the literature. Beyond the traditional forensic setting, some would hold that the scientist's role should remain the same, with an impartial view of the world and opinions limited to matters strictly in accordance with scientific or legal inquiry. Others; however, view the scientist's role as one that should go beyond this setting, into the public domain, where their objective pursuits of the truth could lend expertise towards improving matters of social significance. 

"Justice for All," as a mantra, is a pervasive societal theme with a significant presence in both the forensic and legal realms, as any individual accused of committing a crime is entitled to due process in the same manner as any other individual regardless of demographics. This theme: however, is more often associated with philosophical discussion within legal circles, rather than matters of scientific significance. The purpose of this session will be to examine the concept of "Justice for All" from the perspective of the forensic scientist, with the goal of elucidating what role, if any, the forensic scientist may play towards ensuring fairness within the larger legal context. 

Some of the questions to be discussed during this session include: Does forensic science play a role in ensuring "justice for all"?; Do forensic scientists have an obligation in this matter and, if so, to what extent?; What measures are being taken to ensure forensic science produces equitable results?; And, what further work needs to be done to bring forensic sciences closer to these goals?