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Do The ‘Facts’ Tell The Whole Story (Reprinted from vol. 18 issue 3 of Identification Canada, published by the Canadian Identification Society, 1995.)
By DOUG MONSOOR In the April--June 1995 issue of Identification Canada was reprinted an article from the newspaper, the Las Vegas, Nevada “Sun”, entitled “FALSIFIED EVIDENCE”. I believe this information is very important to know, however, I also believe that the “facts” as reported in the article must be modified with some additional information, lest we all become convinced that American justice is nothing more than lies, fabrications and rife with falsehood. Certainly, it would be lunacy to not admit to the presence of these elements IN ANY SYSTEM IN ANY COUNTRY OF THE WORLD. They do exist, however, I believe in much less volume than this article would lead one to believe. Human beings, while made in the image of the Creator, are not the Creator. Humans thus possess avarice, greed, selfishness, self aggrandizement, and in some instances an attitude of “savior” of our world. It is only these relatively few who bring Forensic Science into disrepute. If the “dozens of cases across America” alluded to in the article were compared to the tens of thousands of criminal trials held annually across the U.S., the “dozens” represent significantly less than 1/1000th of 1 percent. Of course, continue to recognize that under the U.S. system of justice, it is better for a thousand guilty persons to go free than for one innocent person to be wrongfully convicted. “No one regulates the crime labs that test evidence used in court”. Perhaps, more accurately, it should be stated that there is no SINGLE--GOVERNMENT regulatory agency. The greatest “regulator” is within each of us. It's called simple honesty coupled with sincere professionality. It exists in professional associations and organizations who provide watchdog oversight upon their members. Organizations such as C.I.S., who in this same issue print the draft of the “Rules of Professional Conduct” to be voted upon as the basis for continuing association with ones peers within a professional organization. Other organizations such as the IAI, the American and Canadian Academies of Forensic Science and others all have similar devices to deal with the few who cannot or will not “play” by the ethical rules. The article goes on to quote statements made by Mr. Ray Taylor, a lawyer from San Antonio Texas and law professor James Starrs of George Washington University, who both make broad accusatory statements impugning the veracity of Forensic Science practitioners in the U.S. I wonder how the legal profession would compare to Law Enforcement Forensic experts in a national survey of “who do you trust”. I suspect that I know the answer. Where does all of this end? I suspect that it probably doesn't. There will always be liars, cheats, and mistakes -- just as there will always be murderers, thieves and rapists. Doesn't mean we have to tolerate them though, does it? I urge my fellow forensic science practitioners to participate in the professional peer groups. I urge members to sound the clarion call whenever our ethics seem violated. I urge swift, sure punitive actions upon these sustained allegations. But mostly, I urge you to take heart. Be not dismayed. Ours is an honorable profession. I'm proud and honored to be part of it and I have been for over 35 years. My fellow examiners are probably some of the most trustworthy persons that I have ever had the pleasure to be associated with. Just as internationally known radio commentator, Mr. Paul Harvey says, “Now you know the rest of the story”. (Editor--—Only through our professional conduct and continued self--imposed enforcement of ethics will we gain the respect necessary to effectively present our evidence. We should heed Doug Monsoor's advice and urge our fellow practitioners to join and be active in the associations which strive to better our scientific and professional niche.)
This article was reprinted in “THE PRINT” |