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