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Why do we need good forensic science ? A Jamieson.

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Presentation on theme: "Why do we need good forensic science ? A Jamieson."— Presentation transcript:

1 Why do we need good forensic science ? A Jamieson

2 The history of the justice systems of the world provide many examples of flawed decisions. The history of the justice systems of the world provide many examples of flawed decisions. A direct consequence of flawed eye witness testimony. A direct consequence of flawed eye witness testimony.

3 The scope for error in the forensic process The diligent, professional, dispassionate and impartial scientist. The diligent, professional, dispassionate and impartial scientist. will glean the maximum information from the most meagre physical evidence. will glean the maximum information from the most meagre physical evidence. The unintentional may be caused by an error anywhere in the chain of search, recovery, analysis, interpretation or report. The unintentional may be caused by an error anywhere in the chain of search, recovery, analysis, interpretation or report.

4 Explanation Who is the target. Who is the target. What is the purpose of the explanation. What is the purpose of the explanation.

5 Quality of Evidence The quality of evidence must not be confused with the standard of analytical accuracy and precision. The quality of evidence must not be confused with the standard of analytical accuracy and precision.

6 Science The scientific expert must be constantly cognisant of at least the following facts. The scientific expert must be constantly cognisant of at least the following facts.

7 firstly, never totally discount the possibility that the effect that youobserve could have occurred in a different way to what you surmise. firstly, never totally discount the possibility that the effect that youobserve could have occurred in a different way to what you surmise. Secondly, know the limitations of the tests we use. Fewtests have no false positives or false negatives. Thirdly, know the difference between Thirdly, know the difference between experience and expertise.

8 Experience and expertise A scientific expert then requires special knowledge of science,not just a casual awareness gained through experience A scientific expert then requires special knowledge of science,not just a casual awareness gained through experience - What is science - What is science - What makes a conclusion - What makes a conclusion - Explanation scientific - Explanation scientific

9 USA - Expert witness 1 The Frye Test --->> General Acceptance 2 The Daubert Test - Relevancy - Relevancy - Reliability - Reliability - Peer review - Peer review - Known error rate - Known error rate - Standard controlling - Standard controlling - acceptance relevant community - acceptance relevant community

10 Thailand - Expert witness The Criminal Procedure Code Count 243 The Criminal Procedure Code Count 243

11 LAW 0F EVIDENCE 1. Admission 2. Absolute or lrrebuttable Presumption 3.Generally Known Fact 4. Evidence

12 Admissibility Of Evidence 1. Admissible Evidence 2. Inadmissible Evidence

13 the people whose lives will depend upon the practitioner's capability to report clearly and accurately the results of their investigation. If forensic science is to achieve and maintain the status it deserves, each of us owes this duty of care to all of those affected by our work. the people whose lives will depend upon the practitioner's capability to report clearly and accurately the results of their investigation. If forensic science is to achieve and maintain the status it deserves, each of us owes this duty of care to all of those affected by our work. Conclusion

14 THANK YOU THANK YOU


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