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1. In the 21st Century ____________ can be famous simply by being in the right place at the right time. They are the nobodies, turned somebodies, and are often turned into somebodies based on the ridiculous things they do. - (Andy Warhol)

2."Most men seem to live according to sense rather than__________." – (St. Thomas Aquinas)

3."___________ is the best policy." – (Benjamin Franklin)

4."If I feel depressed I will sing. If I feel sad I will laugh. If I feel ill I will double my labor. If I feel fear I will plunge ahead. If I feel inferior I will wear new garments. If I feel uncertain I will raise my voice. If I feel poverty I will think of wealth to come. If I feel incompetent I will think of past success. If I feel insignificant I will remember my goals. Today I will be the master of my

_____________." – (Og Mandino)

5."He who lives in ______________ with himself lives in _____________ with the universe." –

(Marcus Aurelius)

6."The higher the building the lower the __________." – (Noel Coward)

7."Do not worry about avoiding ________________. As you grow older it will avoid you." – (Joey Adams)

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1.We _____unite to resist oppression, and tyrants _____ not triumph over us.

2.You’ve been a good child and when we get home you ____ have a sweet.

3.Your boss _____ hear of this.

4.Members _____ write the names of their guests in the book provided. (Club rule)

5.This tenant _____ be responsible for all repairs. (Clause of lease)

6.Yachts _____ go round the course passing the marks in the correct order. (Extract from Yacht Racing Rules)

7.Club officers _____ be elected yearly and _____ not be eligible for re-election at the end of the year. (Extract from the club regulations)

8.They are going much too fast. I keep warning them to reduce speed but they _____ not do it. (Police officer in a loud-speaker van besides a motorway in thick fog)

9.Ten persons _____ constitute a quorum. (Committee regulations)

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CODE OF ETHICS

Board of Forensic Document Examiners

PREFACE

The statements in this Code of Ethics generally express the ethical standards expected of forensic document examiners who are certified by the Board of Forensic Document Examiners. It is our responsibility as professionals to maintain the highest ethical standards in our relationships with clients and in the opinions expressed concerning evidence examined.

282

CODE OF ETHICS

As a Board Certified Forensic Document Examiner, I hereby accept this Code of Ethics and the Code of Professional Responsibility and pledge to abide by the guidelines and constraints set forth in these Documents.

In my practice as a Forensic Document examiner, I will conduct myself and my business in a manner that is a credit to my profession.

In every case, my findings and opinions will be based solely upon the facts and merits of the evidence I have examined.

I will always seek to understand the truth, without bias, for or against any party.

I recognize the importance of privileged information and shall keep such information in trust.

I will communicate my findings and opinions as clearly and fairly as I am able, in the appropriate forum.

If a complaint for any breach of the Code of Ethics is made against me, the Ethics Committee of the BFDE shall have jurisdiction to review and take action on the complaint.

I will have the opportunity to present information to rebut any complaint alleging the breach of the Code of Ethics before the Ethics Committee. The Ethics Committee shall weigh the evidence and information presented to it and make a recommendation to the Executive Board of the Board of Forensic Document Examiners.

I agree that the Executive Board of the Board of Forensic Document Examiners shall decide the ultimate validity of the complaint and shall have the right to impose sanctions against me, up to and including revocation of my board certification and/or any other status.

I agree that I shall accept as final the decision of the Executive Board of the Board of Forensic Document Examiners as binding in all matters concerning my board certification and/or any other status.

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UNIT 3. LAWYERS AND SCIENTISTS

1. .

1.What kind of relationship do forensic scientists and lawyers have?

2.What is the reason for it?

3.What does adversarial system depend on?

4.What are scientists dependent upon?

5.Do scientists and lawyers operate with the facts in the same way?

6.How can they deal with data?

7.Do they speak “different languages”?

283

TEXT

LAWYERS AND SCIENTISTS

All men are liable to error; and most men are, in many points, by passion or interest, under temptation to it.

John Locke (1632-1704)

Lawyers and forensic scientists enjoy a close, yet often uneasy, relationship. Forensic scientists must not forget that lawyers have moral and legal obligations that often generate conflict and misunderstanding among those with scientific minds. For example, defense lawyers have an obligation to conduct a spirited defense of the accused, especially if they are guilty. Like it or not, the fundamental purpose of the criminal justice system is to protect the rights of the accused.

Lawyers work in adversarial situations where the clear objective remains winning a favorable decision for one's client through knowledge of the law. The adversarial system depends for its success upon the vigilance of opposing counsel, who also works toward the same objective. In this sense, law is outcome based. In law, a judge or a jury determines the truth. What juries or judges say, through their verdicts, is what is so. This legal goal has nothing whatever to do with proper, logical, scientific practice.

In sharp contrast to the practice of law, science remains justification based. Reaching the truth, or as close as one can come to it, depends upon the available evidence combined with a reliable method and not upon the rhetoric of persuasion. Scientists remain dependent upon data and present their conclusions as tentative, conditional, or probable in nature where appropriate. Lawyers, however, represent one of two rival positions arguing for acceptance. They may be operating with a different set of facts. The scientist may present the data, but the lawyer may argue that the data is inadmissible and prevent the data from becoming evidence. Where a scientist may see a complex issue consisting of many related parts whose interactions may be unclear to varying degrees, a lawyer may see the issue simply as “yes” or “no”, black or white, on or off, true or false. In other cases, what the scientist sees as black and white data may become more complex in the law's view.

In this sense, at least, forensic scientists and lawyers speak different languages with different objectives, unfortunately using many of the same words. The words truth, fact, certainty, possible, and probable can mean very different things in law and in science.

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1. Lawyers have moral and legal obligations that often generate conflict and misunderstanding among those with scientific minds.

2.The fundamental purpose of the criminal justice system is to prove the truth.

3.Lawyers work in adversarial situations where the main aim is to win the case.

4.Law is outcome based meanwhile science remains justification based.

284

5.Reaching the truth, or as close as one can come to it, depends upon the rhetoric of persuasion.

6.Forensic scientists represent one of two rival positions arguing for acceptance.

7.A scientist may see a complex issue consisting of many related parts whose interactions may be unclear to varying degrees; a lawyer may see the issue simply.

8.Forensic scientists and lawyers use many of the same words.

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LAWYERS AND SCIENTISTS IN COURT

SCIENTISTS

LAWYERS

OBJECTIVES

WAYS OF ACHIEVING

GOALS

DATA FOR EVIDENCE

LANGUAGE

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5.! : Whose work seems more attractive for you?

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All men are liable to error; and most men are, in many points, by passion or interest, under temptation to it.”

a)Can you guess with what meaning adjective liable is used in the phrase?

1.Legally obligated; responsible. Used with for.

2.At risk of or subject to experiencing or suffering something unpleasant. Used with to.

3.Likely. Often used with reference to an unfavorable outcome.

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b) Do you agree with the author? Can these reasons justify mistakes made by lawyers and scientists, in your opinion?

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1.Articulation of problem (research problem and statement of hypotheses)

2.Upfront statement of opinion

3.Method

4.Outline of research tasks that match the specified problem

5.Findings

6.Discussion

7.Conclusion

1.Would you give up a promising career to aid the family in time of need?

a)In a heartbeat

b)Yes, with some reluctance

c)Only if I was certain I'd be able to return to my career soon

d)No

2.Would you betray a family member to advance your own career?

a)Yes, without a twinge of guilt

b)Yes, if I could do it secretly

c)I'd resist the temptation

d)I find the very idea abhorrent

3.Do you respect the leaders of your family?

a)Their words guide my actions

b)They're role models for me

c)They're often out of touch with my life

d)They're out of touch with reality

4.A powerful but corrupt judge offers you wealth if you'll testify against a friend. Do you:

a)Condemn your friend and take the money

b)Take the money and testify, but try to keep your testimony ineffective

c)Refuse the offer and refuse to testify

d)Testify on your friend's behalf, no matter the consequences

5.Have you ever betrayed a friend?

a)I've done so more than once, and I sometimes get away with it

b)I've done so once

c)I've been tempted to do so, but I've never gone through with it

d)I'd never contemplate such a thing

6.Do you insist on repayment when lending money to friends?

286

a)Yes, and I write up a contract so there's no misunderstanding

b)Yes, but I try to be flexible about the exact terms

c)No, although it's sure nice to be repaid

d)No, they just owe me a favour

7.Do you respect the laws and authorities in the community?

a)Yes, without question

b)Yes, they're generally the best way to govern

c)When it suits me -- there are some laws I just don't agree with

d)I don't pay attention to the authorities; they've got no hold on me

8.If imprisoned, would you injure or kill others to escape?

a)Yes. Serves 'em right for locking me up

b)Yes. They knew the risks when they took the job

c)No, except for minor wounds that will heal easily

d)No. Those guards are just doing their jobs

9.You have accidentally committed a crime. Do you:

a)Confess and attempt to make restitution to the victim

b)Confess, throwing yourself on the mercy of the court

c)Hide your involvement, lying if you have to

d)Try to pin the crime on another

10.If guilty, would you confess to a crime?

a)Yes, because it is my duty to do so

b)Yes, because it might get me a lighter sentence

c)No, I'd make the magistrates prove my guilt

d)No, and I'd try to "prove" my innocence

11.While traveling, you witness an assault. You are ordered to testify, which will delay your travel significantly. Do you:

a)Slip out of town at night to avoid testifying

b)Deny you saw anything

c)Remain reluctantly, testify, and leave

d)Remain until the trial's conclusion in case further testimony is needed

12.When confronted by beggars, do you:

a)Give generously

b)Give moderately

c)Give only what I wouldn't miss anyway -- a copper or two at most

d)Ignore them as you walk by

13.What's the best path to wealth?

a)It's a matter of luck and being in the right place at the right time

b)Staying flexible so you can take advantage of good opportunities

c)Following a long-term plan that incorporates a comfortable level of risk

d)Hard work and perseverance

The moral axis has three positions: good, neutral and evil. Good characters generally care about the welfare of others. Neutral people generally care about their own welfare. Evil people generally seek to harm the others' welfare.

287

The ethical axis has three positions as well: lawful, neutral, and chaotic. Lawful people generally follow the social rules as they understand them. Neutral people follow those rules find convenient or obviously necessary. And chaotic people seek to upset the social order and either institute change, or simply create anarchy.

a lawful person

UNIT 4. EXPERT WITNESS

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In litigation, this is the era of the expert witness. The trial of cases is becoming dominated by the opinions of experts to an extent never before seen in the judicial system. Virtually all cases that go to trial today involve the testimony of expert witnesses. One study of civil jury trials revealed that expert witnesses were called in 86% of cases at an average rate of four experts per case. This is hardly a surprising development in our modern technological society. The types of cases being brought to court increasingly involve questions of science, engineering, psychology and economics.

2. .

TEXT

EXPERT WITNESS

An expert can be anyone with knowledge or experience of a particular field or discipline beyond that to be expected of a layman. An expert witness is an expert who makes this knowledge and experience available to a court to help it understand the issues of a case and thereby reach a sound and just decision. The duty of an expert witness is to give or prepare evidence for the purpose of court proceedings.

288

Expert evidence is sought most obviously in disputes requiring detailed scientific or technical knowledge. Expert evidence must provide as much detail as it is necessary to convince the judge that the expert’s opinions are well founded. It will often include:

factual evidence obtained by the witness which requires expertise in its interpretation and presentation;

explanations of technical terms or topics;

hearsay evidence of a specialist nature;

opinions based on facts adduced in the case.

The primary ethical duty of an expert witness is to be truthful to the court, thorough in tech-

nical reasoning, honest as to opinion and complete in coverage of relevant matters. This applies to written reports as much as oral evidence, and regardless of whether the witness is on oath.

At the same time, when accepting instructions the expert assumes a responsibility to the client to exercise due care with regard to the investigations he carries out and to provide opinion evidence that is soundly based. This necessitates that the expert undertakes only those tasks he is competent to carry out and gives only those opinions he is competent to provide.

To fulfill these duties adequately it is, of course, vital that the expert should also have kept up to date with current thinking and developments in his field.

Expert evidence should be independent, objective and unbiased. In particular, an expert witness must not be biased towards the party responsible for paying his fee. The evidence should be the same whoever is paying for it.

Clearly, too, an expert witness should have:

a sound knowledge of the subject matter in dispute, and, usually, practical experience of it;

the powers of analytical reasoning required to fulfill his assignment;

the ability to communicate findings and opinions clearly, concisely and in terms adapted to the tribunal before which evidence is being given;

the flexibility of mind to modify opinions in the light of fresh evidence or counterarguments.

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1. Expert evidence should be seen to be ___________

2. To provide clarity on the facts of the case, and to prevent such cases from turning into a "he said, she said," both parties often bring in __________ to testify on their behalves.

3.Expert witnesses provide their interpretation of the _____ of the case during the pre-trial period.

4.The work involves a lot of reading and reviewing different ___________.

5.Expert witnesses should be _____________.

6.Expert witnesses are perceived very differently from ___________, both by the law and by the public. It gives you some _______ and advantages but imparts added responsibilities.

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Q: What is your name?

A: Lionel Thompson, Your Honour. Q: Your occupation?

A: I am a doctor, and have been all my life.

Q: Did you examine Deborah Ann Kaye and review her file?

A: The young woman who suffered massive brain damage while in Dr. Towler’s care? Yes. Q: What is your educational background?

A: I went to Howard University as an undergraduate and majored in chemistry. I went to medical school at N.Y.U. and got my M.D. in 1958.

290