Page 26 - Forensic News Journal Oct Nov 2017
P. 26

Science And Technology: Their Relationship with Law

        Because there is a general  derstanding; however, it                      nals. A report published in

        lack of understanding of             demands definite findings  the New York Times (Au-
        each culture, these interac- of fact at given points                      gust 7, 2008) stated that
        tions often lead to a cog-           in time. The meeting of              with a new analytical tech-

        nitive friction that is both         these two disciplines in             nique, a fingerprint can              F
        disturbing and costly to             the courtroom magnifies              reveal much more than                 O

        the society. Scientists are          the differences between              the identity of a person. It          R
        distrustful of the lawyers           the two cultures. Even the  can also identify what the                     E
        and legal proceedings and  search of truth does not                       person has been touching:             N

        prefer not to venture into           serve the same aims and              drugs, explosives or poi-             S
        the courtroom. The scien-            may not be subject to the            sons, for example. Such               I

        tific community that be-                                                           a laboratory tech-           C
        lieves that its methods and                                                        nique can have a
        procedures are above legal                                                         wider application            M

        scrutiny and questioning                                                           in crime investiga-          E
        often frustrates lawyers.                                                          tion. The chemical           T

        Lawyers and scientists                                                             signature could              H
        seldom speak the same                                                              also help crime              O
        language. Each should                                                              investigators trace          D

        develop a better under-                                                            out one fingerprint          O
        standing of the principles                                                         out of the smudges           L

        and methods of the other’s                               Photo Courtesy of google.com  of many overlap-         O
        profession. Bridging the             same constraints and re-             ping prints if the person             G
        gap between the two cul-             quirements.                          had been exposed to a spe-            Y

        tures is a challenge that                                                 cific chemical.
        this conference seeks to             The Courts today deal

        address.                             with complex cases relat-            Then there are serious cas-
                                             ing to highly sophisticated  es of medical negligence
        Science and technology               crimes where criminals               and related torts where ri-

        seek knowledge through               take care to erase all               val parties seek to rely on
        an open-ended search for             evidence of their involve-           expert evidence. Even in

        expanded understanding,              ment. In such cases, mod-            the field of environmental
        whose truths are subject             ernized, scientific and              pollution involving toxic
        to revision. Law, too,               highly sophisticated meth- substances, there is seri-

        conducts an open-ended               ods are required to trace            ous difficulty in finding
        search for expanded un-              the involvement of crimi-            out the levels of danger,


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