Criminal Justice System

Pathway to Justice:
The Changing Face of the Criminal Justice System and Forensic Science

Forensic science has perpetuity transformed our criminal justice system. Justice, “the quality or fact of being just, the principle of fairness that like cases should be treated alike, a particular distribution of benefits and burdens fairly in accordance with a particular conception, the principle that punishment should be proportionate to the offence, the administration of law according to prescribed and accepted principles, conformity to the law; legal validity, to treat or judge fairly, bring to justice to capture, try, and usually punish” (American Heritage Dictionary of the English Language, 2011). Our system of justice, in theory, is based
upon ethics, equality, human rights, religion, and solidarity. These founding principles are clearly stated in the US Constitution. The preamble to the Constitution states “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The Bill of Rights, was written to protect the rights of citizens and to set limits on governmental powers in issues involving judicial proceedings. The goal of our criminal justice system is to find truth and exact justice. The advances in the forensic sciences have greatly contributed to this goal.
The realm of forensic science encompasses both science and technology.
Forensic science is the application of scientific principles and techniques relating to matters of criminal justice; collection, examination, and analysis of physical evidence. Forensic science includes scientific areas; physical sciences (physics, chemistry, and biological sciences). Biological sciences are further specialized by biochemistry and biomedical sciences, pathology, odontology, anthropology, entomology, toxicology, and technology. Technological specialties include mechanical and electrical engineering, as well as, information and digital technology such as computers and other digital devices. In addition, forensic psychiatrists and psychologists are a specialization in forensics, behavioral science. These experts make the determination whether a person is competent to stand trial, their role revolves around whether or not a defendant had the mental capacity to form an intent to commit the crime and whether they knew right from wrong. Behavioral forensic scientists are also used to aid law enforcement and forensic pathologists in cases of serial crimes by creating psychological profiles of such criminals, they may even help in interviewing and interrogating
suspects.
Rudimentary forms of forensic science date back to the fifth century.
During the next thousand years, there were many advances in science. Toxicology was once of the first forensic sciences to emerge. The earliest case occurred in 1840, a man had died under mysterious circumstances, a French scientist Matheu Orfilia examined the remains and concluded the man had ingested arsenic, which occurred as a result of an intentional poisoning, the victim’s wife was later convicted of the crime. During the 18th and 19th centuries there was advances made in personal identification. Bertillion, a French criminologist, developed a method of recording physical features of a person that would be unique to that person. The Bertillion system was subsequently used by law enforcement and prisons in Europe and the United States up until 1903. In 1903 a criminal by the name of William West was being admitted into the Leavenworth Federal Prison in Kansas, it was found that there was a man with the same name and same set of measurements already incarcerated at the facility, unreliability of the identification system led the study of fingerprints. Modern blood and body fluid typing began around 1900 when Karl Landsteiner proved that human blood came in different types, his studies led to the ABO blood typing system. Landsteiner’s early work led to the discovery of other blood antigen systems, from these discoveries came the forensic typing of blood to distinguish one person from another.
The structure and functions of deoxyribonucleic acid DNA, (the molecule that transports the genetic structural basis for the growth, development, functioning and reproduction for each individual) was discovered in the early 1950’s, however, it was not until 1984 that forensic DNA technology was born. Today, DNA in the early part of the twentieth century, comparison microscopes began to transform forensic science laboratories, microscopy tools were used to compare bullets, cartridges, toolmarks, hairs, and fibers. Technological advances in forensic science, and especially DNA, have affected the criminal justice system, beginning with law enforcement in processing crime scenes to how the prosecution presents the case in court. DNA testing and analysis improvements have “substantially increased the successful DNA analysis of aged, degraded, limited, or otherwise compromised biological evidence” (National Institute of Justice). Crime scene evidence and trace evidence once thought unacceptable for testing can now be tested and analyzed, this evidence produces DNA profiles that are submitted to Combined DNA Indexing System (CODIS). CODIS is a valuable resource to law enforcement, the database can help to develop suspects in crimes by providing identifying DNA profiles.
Our legal system has always demanded proof beyond a reasonable doubt, before the government can to punish an alleged criminal. Therefore, with the advances in technology and forensic science, along with the popularity of CSI television programs, prosecuting attorneys are feeling increasing pressure to present forensic evidence at trial. “People who are watching crime shows are more likely to think crime shows are accurate and educational. Specifically, the viewing forensic and crime dramas, appear to be influencing people’s views of social reality and race influenced this perception” (Hayes & Levett, 2012). The forensic science and testing in the shows do impact the jurors and do influence their perceptions and expectations. This burden has passed down to law enforcement to increase their efforts in the collection of physical evidence.
The propagation in jurors’ knowledge and expectations have demanded that prosecutors address this issue and to incorporated it into their trial strategy; changing the way they prepare for trial. Prosecutors, defense lawyers, and judges need to become aware of these factors and expect that jurors now enter the courtroom with more information, about both the criminal justice system, and the availability and type of scientific evidence, jurors enter with a strong belief that forensic evidence should be an integral part of every case. Prosecuting attorneys, judges and trial consultants must be open to being proactive and approaching these issues before they arise in a trial. To contend with this potential problem, prosecutors should openly discuss, during jury selection, that they should not expect what they see on television will play out in the courtroom.