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What Influences Forensic Science?

2010 Feb 20 Posted by Laura Pettler

What Influences Forensic Science?

The ebb and flow of forensic science is influenced by several variables: politics, policy, technology, and culture just to name a few. While these variables act independently, each as a cog in the machine, they interrelate as well. Politics has a tremendous influence on forensic science in that the legislature of each state determines the budget for the crime lab each year. The crime lab then knows how much equipment can be purchased, how many tests can be run, and how many cases can ultimately be handled realistically.

Take for example a serial burglary case. How many serial burglary cases can one county have per year – One, two three, five, or 20? If one county has three serial burglary cases in one year with 20 burglaries in each case, it is possible that each case could have a minimum of 20 swabs for touch DNA analysis. Three cases with 20 swabs each would be 60 swabs. If a 100 county state submits 60 swabs each, that is 6,000 swabs just for serial burglary cases. Burglary is not a violent crime. If a touch DNA test costs $25 each $150,000 in touch DNA tests. This is the tip of the iceberg.

Policy influences forensic science. Law enforcement has moved towards becoming more professionalized in recent decades. More agencies are requiring college degrees for employment than ever before. Some administrators who run CSI Units have been assigned to those units because of necessity, not because of education in forensic science. This can lead to problems in the crime scene processing process when CSIs are in the field trying to do their jobs, but are being rushed or told not to complete certain tasks because the administrators do not understand the need for them. As an agent of the District Attorney’s Office System, I witness this from some agencies regardless of any explanation that is given for why a specific policy may need to be amended pursuant to proper processing procedure.

Technology influences forensic science tremendously. One of most recent examples of advancement is the Tubular Dowel Reconstruction System. Using traditional shooting incident reconstruction techniques, researchers developed a system using lasers to demonstrate the trajectory of a bullet’s path from the shooter, through the victim, to the trajectory’s end point. This advancement in technology has changed the way juries perceive a shooting incidents and is currently being used several states across the United States, Bermuda, Colombia, and will be used in Costa Rica in May 2010.

The culture of law enforcement, the culture of a law enforcement agency specifically, and American culture all influence forensic science. The culture of law enforcement is unique. It can be a very closed culture; one where members earn their acceptance in the group. The culture of a law enforcement agency is paramount to the practice of forensic science within that agency. If the culture is progressive, proactive, technologically advanced, etc., then the practice of forensics will most likely follow suit. If the culture is seated in the practices of the 1970s and 1980s, similar to the television shows like the Dukes of Hazard or Andy Griffith, then forensic practices may not exist at all.

I look forward to a very interesting discussion on this topic.

February 20, 2010 | Filed under: Uncategorized
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5 Responses to “What Influences Forensic Science?”

John Means Says:

At its root Forensic Science is about seeking the truth. Practitioners should have an active sense of curiosity that leads them to seek if not answers, than at least questions. While your ability to do this can be influenced by the tools at your disposal, it should not stop you from seeking the truth.

Many of the techniques and tools used in crime scene investigation and crime lab investigation were developed by people who used their curiosity to develop them without super expensive tools. In many cases this was necessitated by the lack of resources to obtain more traditional methodologies. To become too reliant on any single tool whether it is DNA, or some other technological wonder is a mistake. We are never going to have a DNA lab in every crime lab in America, nor do I think we should.

As outlined by a study from the National Academy of Science, commissioned by Congress, Strengthening Forensic Science in the United States: A Path Forward, Forensic Science in our nation is in serious need of a overhaul. One recommendation is that the responsibility for forensic services be removed from law enforcement and be placed in independent, suitable funded agencies. This would eliminate the perceived bias in results from labs associated with law enforcement.

Law enforcement leaders and educators need to be out front in recommending changes to our current system that work for law enforcement or be prepared to see the changes made for us.

April 5th, 2010 at 4:52 pm

Laura Pettler Says:

Hi John,

Thank you for your most informative post. We appreciate your contribution to the discussion. I hope that as we move forward as a learning community, we see positive change towards fair and impartial, non-biased testing and reporting of results from crime labs and law enforcement agencies. Prosecutorial bias is a danger to us all.

Laura

April 18th, 2010 at 3:59 am

Jeff Fennell Says:

This discussion is reliant on the fact that Forensic units (CSIs) should remain under control of a police or sheriff’s department. In truth, they should be a separate neutral entity working for the truth in an investigation no matter if it benefits the prosecution or defense. This is something the National Academy of Sciences report mentions and should be the first step taken to improving forensic unit services. However, this will not happen for some time due to the current economic downturn. As a CSI, I would like to see this change happen immediately rather than 5-10 years from now.

April 26th, 2010 at 4:58 pm

John Means Says:

It is the role of law enforcement to seek the truth, not to prosecute. If they are truely following this role then you do not have a conflict of interest. In this respect I believe it is more of a conflict to have it reside in the prosecuters office.

Having an inhouse forensic capability allows law enforcement the flexibility to pursue confidential investigations as well as followup on evidence were no crime has been charged. Without this ability many crimes will go unsolved.

I believe that forensics should remain a law enforcement activity. We just need to take safeguards against bias, just as we should in all aspects of the criminal justice system.

I myself have been called by the defense to testify when my findings tend to exonerate their client. When this occurs I present my testimony just a well as when I testify for the prosecution.

May 10th, 2010 at 10:50 am

Ken Morse Says:

“Forensics” as it used today is greatly expanding beyond its traditional law enforcement function. Though Forensics will continue to be a very valuable tool within the Criminal Investigations field, recent years have seen the use of Forensics, as well as biometrics, taking a growing role in national defense and homeland security. Material collected and analyzed today may find itself being utilized for a multitude of functions (criminal investigations/prosecution, battlefield decision making and targeting, as well as homeland and border security).

John, your point that it may need to be moved away (at least in part) from the traditional law enforcement community is partially valid. The need for Forensic Professionals within the law enforcement community will always be present and they cannot be dependent upon outside organizations for rapid response. But, in order for the field to grow, new techniques to be developed, and further credibility to be established; it must embrace its other potential uses. In order to do so, the Law Enforcement community cannot be the sole managers of forensic technologies and laboratories.

June 23rd, 2010 at 7:55 am

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