The Role of Forensic Science in the Criminal Justice System
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This essay discusses the importance of forensic science in the criminal justice system, its role in identifying evidence, and its limitations. It also highlights the impact of forensic science on delivering justice to the victim and punishing the accused.
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Table of Contents Essay................................................................................................................................................3 Discuss , the Criminal justice system id dependent upon forensic science................................3 REFERENCES................................................................................................................................8
Essay Discuss , the Criminal justice system id dependent upon forensic science Forensic science refers to the science in the service of law. The analysis of the forensic is applied in the investigation and also in the prosecution of both civil and criminal related cases. It helps in finding the related evidenceand person guilty who has committed the offence which can be used an evidence in the court of law(van Oorschot, et.al,2019). The role of forensic science in the justice system is to provide necessary guidance and also provide the court with the accurate information related to the criminal cases. The information produced through forensic science enable the courts to rely on these evidence in order to resolve the criminal and also civil cases(Mnookin,2018). The essay is based on the discussion whether Criminal Justice System depends upon the Forensic Science. Forensic science refers to the application of the science in the field of law. The application of forensic science is mostly used in the criminal casesin which the scientific research is conducted by the scientists In which that search and examine the physical traces that helps in identifying the offender who has committed crime(Laporte,2018.). Forensic science plays a very major role in the criminal and civil matter and refers to the physical evidence that is identified where the crime was committed. In order to provide justice to the victim , these evidence is used and that is why it plays an important role in criminal justice system. It helps in identifying the victims of the crime and by using the polymerase chainreaction(PCR) make copies of the DNAfrom the skin cellsand with the use of DNA techniques helps to find the criminals who has committed the crime and also victim(Towler, et.al, 2018). Forensic science uses various scientific methods and the data while conducting the investigation in the criminal matters. It is considered as the intelligence and effective tool that helps in identifying the related evidence regarding the criminal cases and present before the court which can helps in the delivery effective judgment .On the other hand the inconsistent practices can also lead to wrong results and information which can result into inaccurate results in injustice. The evidence that is gathered through the scientific research are considered as secondary evidence in the eyes of law and on the contrary the documents collected as evidence is considered as the primary source of evidence(Garrett,2019). The results from the forensic report and the documents collected as evidence are corroborated togetherand presented beforethe court that assist the to understand the relevant facts and make the judgements accordingly.
Role of Forensic science in the criminal justice system Forensic science helps in identifying the the character of the suspect who has committed the crimeand the evidence collected define the nature of the crime committed. During the investigation, various evidence are collected form the crime scene or collected form the person and are examined in the crime laboratoryand accordingly the resulted are collected and presented before the court. According to the study , it says that forensic science plays a very major role in the criminal justice system as it give a precise information about the crime.The research is conducted form the objects that are left behind by the criminal after committing the crime. The relevance of the forensic science in the investigation of the crime has to be conducted according the limitation of the law. It has to consider various constitutional valid of the technique, to what extent the law permits the use of scientific techniques and methods that can be applied in the investigation process.It is said that no accused of the offence can be compelled to be witness against himself(Passalacqua, et.al, 2019). It can be said that till there is nor proper evidence against the accused , that person is innocent till they are found guilty of the offence. The main purpose behind is the the protection of the accused from the torture during the investigation and in police custody. Under the Police and Criminal Evidence Act 1984 is to unify the powers of the police in order to carefully balance the rights of a person against the powers of the police officers The provisions of theCriminal Procedure and Investigations Act 1996 has to be complied with during the investigation that is carried out in relation to the criminal cases. With the help of Forensic Science, it has become very easy to find the evidence that can be presented in the court in order make the relevant judgments related to the crime that is committed. With the helps of forensic science , the information regarding the existence of the crime or the connection of the victim and accused by the scientific study of the samples and evidences that received. With the helps of the scientific research regarding the criminal cases there has been increase in the role of forensic science in the English judicial system. In the past decades due to lack of technology the courts has to rely on the non-forensic and scientific techniques tin order to solve the cases and consider the evidence that are gathers through this process(Riggs Romaine, and Kavanaugh,2019). The court takes the helps of using forensic evidence in the criminal related cases as it helps in gathering useful information about the case which can be applied in
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the court. On the other hand it is also observed that sometimes the results that is collected form the use of scientific research do not give relevant results. For example the samples that is collected form the crime scene are not properly preserved which showed in effective results and sometimes it is also observed that the DNA samples gets contaminated through which proper results and information is not obtained. While researching it also happens sometimes that the evidence are not delivered on time which results into decomposition of the evidence. Thecourt faces various obstacle while giving judgments as it has to consider every evidence that is collected and gathered for delivering justice to the victim and punish the accused. It is observed that forensic science in contributing in the justice of the criminal cases but it is also contributing in injustice which is caused by the improper evidence. This can be due to low level of technology used but the techniques that is used in the modern law enable to identity the correct samples. The studies also says that it involves unnecessary efforts and costs that is incurred by the police and courts in obtaining the information through forensic science. For example there was an evidence related to the drug traces on the banknotesthat was relevant in the courts of Unite Kingdom but was not admissible in other jurisdictions(Machado, and Silva, 2019). The efforts and cost involved did not yield the accurate justice. According to the study the researcher identifies the three core areas where improvement is required in order to improve the scientificevidencebase. Theareasaremitigatingthe limitationof theforensicscience, evaluation of the probative value of the DNA and assessing all the evidence that is gathered. It is observed that due to the forensic science there can be positive consequence of the DNA analysis that it helps in reopening of the old cases as various people were convicted of the crime such as rape and murder without having proper investigation. On the other handforensic science has also been criticiseddue to lack of proper knowledgeand practices that is required during the research(Bolton-King,et.al,2020). With the help of various new and advanced techniques even the degraded samples can also be analysed in the laboratory which results in positive results and evidences that can be used with the documents that us gathered and can be presented in the court in order to deliver justice to the party and punish the accused who committed the crime. The classical theory in the criminal justice states that the accused commits the crime willingly and also understands the consequence of the offences that is committed by that person.
After considering this theory, it is observed that the society should and court should enforce the punishment according the crime that is committed by the accused. It is believed that enforcing punishment against the accused will helps the criminal to develop fear in them and spread awareness of the results regarding to the violations of the law. Biological theories assumes that some people are 'born criminals'. It states the basic determinants of the human behaviourand are determined by the genetics and pass from one generation to another. The theory states that it depends upon the biological nature of the person to commit the crime or not. This theory is opposite to the sociological theory(Wagstaff, and LaPorte,2018). The court follows the new techniques and methods in order to find the evidences that can be presented in the court which can be helpful for the court to take the decisions accordingly. The role of the forensic science is important in the criminal justice system as with the help of new and scientific techniques, the evidences can be gathered from the crime scene which can help in analysing the nature of the crime committed . In the present situationand with the increase in the rate crime it is very important for the court to consider various factors and with the application of forensic science its will be helpful to find accurate results and information which can be helpful and act as an evidence that courts can consider n order to provide justice and also punish the accused(Casey,2019). On the other hand various people is of the opinions that use of the scientific techniques can also result in irrelevant information which and can result into injustice to the victim. In the case study of the R v. Suzzanne Holdsworth in which a babysitter was accused of murdering two year old boy. The accused murdered the boy by repeatedly ramming his head against the banister railand was jailed in the year 2005. The investigation took place and medical examination was conducted. The forensic science helped in collecting various evidences and information which was against the accused and is found guilty of the crime that was committed for murdering the boy. It has been observed that the scope of forensic science has revolutionised and has become more effective in investigating the crime. With the increase in the scientific methods and technologies , the laws have been made more effective that can helps in resolving the criminal cases and helps the court to take deliver justice to the victim(Wickenheiser,2019). But is is not considered as primary evidence but is combined with the information that is collected which is in the form of documents which helps the courts to punish the accused and justice to the victim.
From the above discussion it can be concluded that Forensic science has undergone a massive growth in the past recent years and has had great importance in the filed of criminal justice system. With the development of science and technology has enable the development of the forensic science as well. It can be said that with the application of scientific method during investigation can help the court to provide justice accurately and fairly. But on the other hand it is also observed thatthe forensic science can also result into irrelevant information which can result into injustice. The laws are also framed that can help to get more desirable results that can be helpful in delivering rights judgments to the parties(Edmond, et.al,2018). With the application of the scientific methods has help in identifying number of criminal which was not possible in the earlier times and court has to depend upon the evidence that is collected which sometimes not effective. So it can be said that the the new modern techniques can have positive ad negative impact on the judgements of the court. After considering the evidences , it is the decision of the court to announce their orders which is binding on the parties. The government should take measures in order to spread the knowledge of the forensic science in the criminal justice system and police and other investigation experts should be trained in the progress of science and technology and should understand the importance of the evidence.
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REFERENCES Books and journals Bolton-King,et.al,2020. Increasing the accessibility and impact of justice-related student and practitioner research.Forensic Science International: Synergy.2. pp.60-71. Casey, E., 2019. The chequered past and risky future of digital forensics.Australian journal of forensic sciences.51(6). pp.649-664. Edmond,et.al,2018.Sciencefriction:Streamlinedforensicreporting,reliabilityand justice.Oxford Journal of Legal Studies.38(4). pp.764-792. Garrett, B.L., 2019. The costs and benefits of forensics.Hous. L. Rev..57. p.593. Laporte, G., 2018. Wrongful convictions and DNA exonerations: Understanding the role of forensic science.National Institute of Justice Journal.279. pp.1-16. Machado, H. and Silva, S., 2019. What influences public views on forensic DNA testing in the criminal field? A scoping review of quantitative evidence.Human genomics.13(1). pp.1-13. Mnookin, J.L., 2018. The uncertain future of forensic science.Daedalus,147(4), pp.99-118. Passalacqua, et.al, 2019. Scientific integrity in the forensic sciences: Consumerism, conflicts of interest, and transparency.Science & Justice.59(5). pp.573-579. Riggs Romaine, C.L. and Kavanaugh, A., 2019. Risks, benefits, and complexities: Reporting race & ethnicity in forensic mental health reports.International Journal of Forensic Mental Health.18(2). pp.138-152. Towler, et.al,2018. Are forensic scientists experts?.Journal of Applied Research in Memory and Cognition.7(2). pp.199-208. van Oorschot, et.al,2019. DNA transfer in forensic science: a review.Forensic Science International: Genetics.38.pp.140-166. Wagstaff, I.R. and LaPorte, G., 2018. The importance of diversity and inclusion in the forensic sciences.National Institute of Justice Journal.279.pp.81-91. Wickenheiser, R.A., 2019. A crosswalk from medical bioethics to Forensic Bioethics.Forensic Science International: Synergy,1, pp.35-44.