NEPAL FORENSIC SOCIETY
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                         JUSTICE BY FORENSIC SCIENCE

Forensic Science and Qualification of Forensic Scientist

 Advocate Padma Raj Kaphle

Handwriting & Fingerprint Expert**

"If the law has made you a witness, remain a man of science.
You have no victim to avenge, no guilty or innocent person to convict
or save — you must bear testimony within the limits of science."'

— Dr. P.C.H. Brouardel
19th Century French Medico-legalist

The word forensic has been derived  from the Latin word forensis: Its modern definition is suitable to courts of judicature. That is any branch of science, used for the purpose of a law, is a forensic science. Now a days its role other than civil and criminal justice is expanding. This science is a important tool for investigators and courts to determine truth in different kinds of  questions of science in the justice system. Issues range from questions of the validity of a thumb prints or a signature on a document, to a claim of product liability and the protection of constitutionally guaranteed individual and human rights.

  The facts developed by forensic scientists, based on scientific investigations, are not circumstantial evidences or  unreliable testimony of witnesses, but they are   truth which are  proved in prescribed procedure by the scientific way to establish and convince the courts with demonstrative technique. 

Examination result of the forensic scientist declares that the existence or non existence crime or present or absent suspect at seen of crime. It  may make  connection to a crime and criminals too. The forensic scientist provides information and expert opinion to investigators and courts which is helpful in determining the innocence or guilt of the accused.

Our courts are bound to fallow the rule of law. It is based on the belief that the legal system which is universally accepted principle of law and justice.  One of the principle of law is that no one should be punished without sufficient proof against suspect.  The subject "forensic science" is not taught in almost colleges in Nepal, however, one of the School of Law has started to teach this subject too. Therefore, almost judges and lawyers are not understand this subject fully  and mistrust some time of expert's opinion and used to say that  expert's opinion is "necessary evil" . Of course, the forensic scientist cannot change skepticism and mistrust from the minds  at once.  we should, however, contribute to restoring faith in judicial processes by using science and technology in the search for truth in civil and criminal cases with demonstrating facts , quoting authorities, producing photographs, charts and understandable  reports with simple language. We should try to educate them either by organizing training, seminar or by our reports which we used to produce different courts in Nepal.  

We, the  forensic scientists, no matter where and  by whom  are appointed or employed, should find truth and work only for truth, not for their employer's or party's  interest. We must make sure that the examinations are done scientifically, completely and correctly according to the prescribed principle of respective science.  The interpretation of the data or facts must be scientific .The written reports must be illustrative and easily understood by the general  men/women and the testimony must be complete and truthful with related photographs and charts. If the answers of the questions of the courts are not clear or insufficient and vague, the opinion may be rejected and not acceptable in the courts.
To make an opinion  scientific, the fallowing four steps of "ACE_V" procedure of examination must be fulfilled.

A_nalysis :      Discovery of facts.

C_omparison: Comparison of those finding facts.

 E_valuation : Result of the comparison.

 V_erification: To verify by other than first examiner,  if any discrepancy  present.

Lay witness express his  verbal statement  under oath, in the courts. The ordinary witness can testify only on the basis of his personal knowledge of a situation gained through the use of his five senses. He could not express opinions formed on any other basis. He can narrate the situation and facts  only.

On the other hand,  forensic scientist can testify not only on the basis of personal knowledge or belief, but also in the form of opinion based on his finding facts interpretation and  evaluation of those facts which can be demonstrated in  open court too. Scientists interprets facts and deducts the result which becomes a scientific opinion. The report  or statement in the courts are the pictures of the qualification, skills, experience and ability of forensic scientist "Expert". If he does not shows his expertise's or  above mentioned skills in his report and statement "Bakpatra" in respective court, he will be considered an scientific "expert" witness otherwise he will be  only  an ordinary or "fact" witness. He will not be supposed a qualified expert. His opinion may be rejected. An expert's qualification is determined through his report and statement stated in the courts, not by the Certificates of Degrees or Trainings. Certificates are only gate pass to entry in the courts.

Beyond  above mentioned criteria, there are other four necessary criteria that are accepted by the courts of civilized countries to qualify a person as an expert witness in principle.

These are:

1: Special knowledge gained by educational degrees or by     training.

2: Number of years of occupational experience in the field,

3: Membership in professional organizations, and

4: Professional articles or books that the person has published.

The forensic scientist, as an "expert" witness, must be able to explain complex chemical reactions, the working of scientific instruments, modern equipments such as computers, scanners, or medical conditions, interpretation of characteristics of handwriting fingerprints, drugs in simple everyday language understandable to anyone. Not scientific jargon. This is not easy. It is so difficult that before a new scientist. 

The forensic scientist must be impartial and unbiased. He/She must tell all of the truth, "the whole truth," no matter what it is or whom it hurts or helps. An expert opinion can be offered  upon scientific data (facts) only. If data are not found sufficient in examination to  form an opinion, must not be express or write positive or negative opinion.

The work of the forensic scientist should be examined carefully  by the courts to find any imperfection whether in the examination performed or in the interpretation of those facts or the basis of  opinion on which it is  based. Forensic scientists are entirely responsible for the work they performs; no one else can write  reports on behalf of them nor testify the opinions in the courts or excuse for their mistakes.

If the forensic scientist "expert" could not show the facts of investigation result and could not  satisfy with his interpretation to the court, the opposing lawyer  will try to undermine or discredit testimony which may be rejected  present opinion and also his future opinion.
 

Therefore, the forensic witness must be qualified and knowledgeable of both his special area of scientific knowledge and expertise and the rules of evidence that govern the admissibility of opinions and conclusions.

**Founder President ( 1996-1999) and Present President (2006- )

 NEPAL FORENSICS SOCIETY