Page 27 - Forensic News Journal Oct Nov 2017
P. 27

Science And Technology: Their Relationship with Law

        the extent of actual and             but they testify together at  How would these tech-

        latent damage to humans              trial-discussing the case,           niques benefit the justice
        and environment, and                 asking each other ques-              delivery system?
        there are uncertainties in           tions, responding to inqui-

 F      accepting the technology             ries from the judge and the  Is our society ready for the

 O      installed by the polluter to  lawyers, finding common                     implications that genom-
 R      conform to environmental  ground and sharpening the  ics brings to every facet of
 E      standards. In some civil             open issues. According               our lives?

 N      cases where handwriting,             to UCLA law professor                Is our society struggling
 S      forgery, or paternity issues  Jennifer Mnookin, “’Hot                     with the ethical and social

 I      are involved there is ex-            Tubbing is much more                 issues thrown up by the
 C      tensive use of scientific                                                    new biology such as
        techniques. The Courts                “Science is a compel-                  human cloning, use of

 M      are thus dependent and,               ling and commanding                    animals in biomedical
 E      in fact, compelled to                 weapon in the armory                   research, etc.?

 T      analyze evidence of ex-                 of administration of
 H      perts examined on each                 justice. Forensic Sci-                With the rapid progress
 O      side. There is again the                                                     in science, are laws in

 D      difficulty of evaluating               ence is a science per-                their present form really
 O      the conflicting expert                     taining to law”                   able to deliver justice

 L      evidence adduced by                                                          efficiently or is some re-
 O      the contesting parties                                                       thinking in the form of
 G      in an adversarial judicial           interesting than neutral ex- new laws or amendments

 Y      process. However, none               perts.”                              to existing laws required?
        can deny that expert wit-
        nesses retained by parties           DEVELOPMENTS                         Before any major changes

        often are partisan. In such  TILL DATE AND THE                            can be effected, all stake-
        cases, the technique of              RECENT TREND                         holders have to sit to-
        “Hot Tubbing” must be                                                     gether and look for the

        embraced. The Australians  In this era of genomics, of  answers to these unsolved
        discovered the technique             crime prevention and of              problems. This contact

        of “Hot Tubbing” to im-              conviction the following             which was missing in
        prove expert evidence. In            questions need special at-           India became a reality
        this procedure, also called  tentionIs the legal profes-                  when the first ever confer-

        concurrent evidence, par-            sion ready for this new              ence of this kind was held.
        ties still choose experts,           information?                         This conference, who’s


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