Criminology experts and legal practitioners are concerned about the role of forensic science in the process of trial and acquittal according to the case and the available evidence. In particular, practitioners from a range of forensic science specialties have begun a reflective appraisal to determine various shortfalls and validities that characterize forensic techniques that are applied during trial. Among the challenges encountered during the application of forensic science in the justice system include operational problems such as efficiency in their administration, admissibility of expert evidence, and performance of reliability tests. Others include structural problems such as the influence of the evidence tendered by experts on the jurors, the bias of legal representatives, and flawed assumptions in forensic sciences. Despite the challenges, forensic experts present solutions such as technology to translate and interpret various forensic rhetoric and a reliable expert witness to place it within a larger narrative to influence informed decisions according to the facts of the case.
Firstly, the prominent challenge identified in the application of forensic science in the justice system relates to the introduction of forensic evidence in the courtroom during the trial. Specifically, Stern, Cuellar, and Kaye indicate that high profile cases are characterized by tension vis-à-vis the relationship between science and the law as well as the participation of rights-based movements to determine the competence of the evidence (2019). Further, the application of forensic evidence is associated with underlying mistrust between the conflicting parties due to their reliability during the introduction at trial and their role in proving the facts of the case as alleged by Stern et al. (2019). Notably, there are concerns that forensic evidence plays a prominent role in wrong convictions following the innocent suspects who confess to having been incarcerated wrongly due to manipulated forensic evidence, as discussed under the auspices of an Innocence Audit.
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Besides, the reliability factor is also a critical challenge that characterizes forensic evidence as far as criminal trials are concerned. Specifically, Steadman (2015) illustrates that forensic evidence must consider various methodologies concerning it collects, storage, analysis, and presentation before the court of law to determine its reliability. For instance, cases such as Reed and Atkins presents circumstances where the court admitted unlawful evidence due to failure to adhere to critical procedures that characterize the use of forensic evidence in criminal trials according to the Law Commission's test. In particular, the judges indicated specific problems associated with a lack of ground truth databases for some of the branches of forensic science used in these cases.
Despite the challenges encountering forensic evidence in criminal cases, experts present that focus on reliable evidence is a crucial concern towards their successful application. Majorly, Stern et al. (2019) note the forensic practitioners emphasize that forensic evidence should be accompanied by reliable data that are statistically quantified to evade instances of manipulation at various stages of the trial. In addition to reliable data, the presence of experts and stakeholders interested in the case is also important towards the efficient application of forensic evidence in court cases. Notably, the participation of different experts ensures that evidence presented at every stage of the trial is reliable based on their examinations to avoid their manipulation by other parties.
Similarly, the rapport between forensic experts and the judiciary is also a competent means of solving challenges that characterize the application of forensic evidence in criminal cases. For instance, Steadman (2015) remark that there exists a general disagreement between scientists, legal representatives, and academics, and forensic practitioners concerning the threshold of determining the application and reliability of forensic evidence. Academics recommend statistical quantification of forensic evidence due to its relation to real science. Despite the divergent opinion, providing reliable data is the most crucial consideration in the application of forensic data in criminal cases.
References
Steadman, D. W. (Ed.). (2015). Hard evidence: Case Studies in Forensic Anthropology . Routledge.
Stern, H. S., Cuellar, M., & Kaye, D. (2019). Reliability and Validity of Forensic Science Evidence. Significance, 16 (2), 21-24.
