How to differentiate laboratory analyst

Published: 2019-10-01 08:30:00
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According to various popular television programs, it has been suggested that almost all scientific methods used in solving crimes are infallible. Serious questions have however been asked concerning the practices in the laboratory management, the technical testimony veracity as well as the nature of the sciences that are involved. Hair analyst is the field that is highly suspected. Arson investigations have recently found that conflicts that have established beliefs. Ballistic testing on the other hand has led to comparison analysis to be debunked. DNA testing is also an evidentiary that has been minefield. Fingerprint analyses have on the other hand estimated to have yielded a false and positive in almost one quarter of all the involved comparisons. Lastly, the bite mark comparisons at all means cannot be reliably measured (Turvey, 2012).

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How to prevent such unethical behaviors

Defense attorneys

They are often in the position to defend clients who they clearly know that they are guilty. A lawyer is always supposed to assist clients with no regard to personal interest or preference. People who have unpopular causes as well as individuals who are guilty deserve counsel still. It is therefore an ethical duty of the defense attorney to always provide such counsel (Cross, 2006).

Attorneys should not in any way abandon their client unless in situations like the legal action meant for harassment or for malicious purposes, where a continued employment might result to violation of a certain disciplinary rule and a mental or a physical condition that renders effective counsel impossible.

Attorneys must therefore not represent their clients in a situation where their interest conflict those of the attorney. Attorneys must also not represent more than one client who has got opposing interest.

Plea bargaining

This is always considered by many people to be the most efficient and inevitable if not right (Cross, F.2006). It always makes sense in a situation where the goals of the system are either bureaucratic efficiency or crime control. It is also harder to make justifications in case the legal goals of a given system are due process and protection on the rights of individuals.

Zealous defense

Defense counsel must also always zealously defend clients rather than committing unethical acts in so doing. They can be done by the counsel by not; engaging in motions or actions that maliciously or intentionally harm others. They should as well know in time crimes or defenses that are unwarranted. They should also either counsel or fail to disclose that which one is required by the law to reveal. They should knowingly make use of perjured testimony or even false evidence.

Confidentiality

Attorney client privilege should always prevent compelling attorneys to be disclosing information that is confidential concerning their clients. If it has to be done, let be done with the consent of the client, when the law or court requires it or when to defend against a given accusation or a wrongful conduct.

Prosecutors

They must always seek justice and not convictions. They should also have discretion to ether charge or not to charge defendants. This is one of the most decisions that is used in the criminal justice process.

The discretion of prosecutors to charge should always be based of efficiency of the system, rehabilitation of the defendant, legal sufficiency and trial sufficiency (Turvey, 2012).

Conflict of interest such as problems that related to part time prosecutors, political aspirations of the prosecutor and asset forfeiture of laws should also be avoided by all means.

References

Turvey, B. E. (2012). Forensic fraud: Evaluating law enforcement and forensic science cultures in the context of examiner misconduct. Gold Coast, Qld: Bond University.

Trevino, L. K., & Nelson, K. A. (2011). Managing business ethics: Straight talk about how to do it right. New York: John Wiley.

Cross, F. B. (2006). West's legal environment of business. S.l.: South-Western.

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