FSC271 Lecture 7 - Evidence Testing - PDF

Lecture 7- Evidence testing: Ethical Considerations Considerations of Crime Scene Laboratories What samples to collect? → do you collect only the most important ones or do you collect everything? What samples do you send...

Lecture 7- Evidence testing: Ethical Considerations Considerations of Crime Scene Laboratories What samples to collect? → do you collect only the most important ones or do you collect everything? What samples do you send to a laboratory? How many samples do you send? Should all samples be tested? Case Sampling There is a balance (and prioritization) for what needs to be done for each case Police evaluate evidence and decide whether there are forensic analyses that can assist their case (using expertise to determine the testing that is required) Evidence may not be submitted if there is: A lack of knowledge or training Excessive backlog (lack of resources) Connection to medicine: Doctors requesting the need for additional medical tests Discussion: Does Case Type and History Matter? Case importance - Which of the following is more important? Homicide Death investigation Assault Sexual assault Firearms examination (robbery) Lecture 7- Evidence testing: Ethical Considerations 1  Case history- What is more important? Known vs unknown assailant Violent vs non-violent? Discussions: Homicide and sexual assault cases may be more prioritized Having a known offender is prioritized over an unknown offender A case with known witnesses may be prioritized because if witness statements are susceptible to memory loss In the CFS, the oldest case gets worked on first, unless there are exceptions Expedited cases Some cases may be moved to the top of the priority list. This includes cases that: Are an imminent threat to public safety Have forensic evidence that is prone to degradation Have director approval Are high profile Ethics: Forensics vs Medical Ethics in forensics share parallels with medicine Both are applied sciences in relation to individual case circumstances Both are frequently guided by a number of factors including: Scientifically based testing (e.g., what tests are available) Education (i.e., whoever is performing the tests has the right training and knows what needs to be done) Experience Training Lecture 7- Evidence testing: Ethical Considerations 2  Why is training and knowledge important? Forensic labs only do analysis once it has been submitted. A potential submitter has to recognize the need to submit evidence Scientists need to educate submitters on: How to recognize evidence Evidence collection and preservation techniques Why is ethical guidance needed? Forensic science follows well developed QA programs but are directed more towards scientific and technical issues Having proactive ethical guidelines Decisions should be made on ethical reflection rather than just following rules and policies The main goal is to maximize the value of evidence For instance, you may want to test samples instead of everything to avoid overwhelming people working in the lab Normative Ethics The idea of normative ethics is that it provides a framework for deciding between what is right and wrong I.e., answers the question of what we ought to do Three common frameworks (or ethical streams): Deontology (duty based) Utilitarianism Revisiting utilitarianism and its relation to evidence testing: Resources are limited in forensic science There is only one opportunity to collect evidence at a crime scene; hence, all evidence is collected which is deemed potentially probative Lecture 7- Evidence testing: Ethical Considerations 3  As the case is investigated, a subset of evidence is analyzed However, should you analyze all collected evidence? Prioritization of some evidence over others Analysis may depend on the type of evidence and case Virtue ethics Case Priority Every redundant test is one less examination on the next (perhaps more) important case Forensic analysts must maximize forensic significance in each case while not wasting resources E.g., RCMP with backlog concerns (slow casework) for turnaround time due to increased demand and case processing requests Example criteria for DNA testing Reasons why items may not initially be accepted: Item has a reduced success rate or expectation of obtaining reliable results (e.g., evidence degradation) Item is not the most relevant in addressing allegations Limitations of the results preclude examination (e.g., the outcome of the testing may not address the question at hand) Case Examples 1. Scarborough Rapist Timeline: May 1987- December 1992: Paul Bernardo raped/sexually assaulted at least 18 women in Scarborough, Peel, and St. Catherines He also killed three women in St. Catherines and in Burlington November 21, 1990 - Bernardo’s samples are submitted to the CFS for conventional serology testing Lecture 7- Evidence testing: Ethical Considerations 4  December 1990 - The serology results indicated that it was suitable for DNA testing December 13, 1990 - The CFS has a written request from the Toronto Police Service to test Bernardo’s sample for DNA February 1, 1993 - Bernardo’s test results are released to the Toronto Police Issues: There was a delay of 25.5 months before serology results are given to the police In that period of time, there were 5 other suspect samples suitable for DNA analysis If these samples had been given the highest priority on December 13, 1990, the DNA inclusion to Bernardo could have been found January of 1991 The priority of this case dropped because Bernardo had not been active for a period of time During this time frame, Bernardo would go on to rape 4 women, and raped, tortured, and killed 3 others There was no system to recognize that the Scarborough rapist was going to kill someone and give the case a high level of coordination among all agencies involved in the investigation Additionally, there was no system to recognize the wider public interest, in the apprehension of a serial sexual predator, beyond the insular interests of one particular community Implications: Delays in DNA testing can endanger public safety Delays in DNA testing can cost millions of dollars in the investigation of offences that can be prevented Potential legal liability of the government for failing to provide a reasonable standard of public protection Lecture 7- Evidence testing: Ethical Considerations 5  It is important to find the balance between spending public funds to maintain turnaround times vs the financial costs of failing to do so 2. The Rape Kit Backlog 5-6 years ago Thousands of rape kits left untested; causing a disservice to the victims of sexual assault Reasons for backlog/untested kits: Evidence was never submitted to a laboratory for testing (i.e., hidden backlog) Financial cost of rape kits $500-$1500 per kit → does this mean that certain serious crimes (e.g., rape is too expensive to prevent and prosecute?) Sending the wrong message? If police and forensic scientists continue to allow sexual assault kits testing to be delayed (or even never analyzed), what messages does that send, not only to the victims, but to the perpetrators? Victims may not trust the police in using rape kits to collect evidence knowing that it will not be tested anyways Violation of utilitarian framework, the pain of the an victim is always greater than the pleasure an officer may have from victim blaming Re-opening old cases Testing SA kits in older cases can raise legal and psychological issues for the victim Notifying victims can trigger memories and feelings regarding the assault, and this re-traumatization can cause flashbacks and other symptoms; exacerbate PTSD and other mental issues; and affect substance use/abuse Destruction of rape kits Lecture 7- Evidence testing: Ethical Considerations 6  This leads to: No justice for complainants No samples available for testing in cases where a miscarriage of justice may have occurred Reasons for destroying a rape kit: Limited storage space Costs Uncooperative complainant The bar for an “uncooperative” victim is very low For example, sometimes emails are sent to victims to contact a detective within 10 business days or else their case will be dropped (Missouri) Detectives have concluded that the case does not met the legal standard for rape Prosecutors decline to prosecute National Registry of Exoneration (US) The ability to test or re-test the items in a rape kit was important in overturning as least 195 convictions for rape, murder, and other crimes since 1992 Conclusions There are no one simple answer as to how forensic laboratories and scientists prioritize testing A focus should be on the larger picture → considerations on how the testing will fit into an investigation or society Lecture 7- Evidence testing: Ethical Considerations 7