Legal and Ethical Considerations in Forensics Flashcards

A forensic examiner working in a private lab receives a subpoena for case files. The retaining attorney instructs the examiner not to comply. What should the examiner do?

Answer: Comply with the subpoena after consulting independent legal counsel

A subpoena is a legal order; the examiner should seek independent legal counsel rather than simply follow the retaining attorney's instruction to withhold legally required documents.

The ethical principle of 'non-maleficence' as applied to forensic examinations most directly means:

Answer: Avoid causing unnecessary harm through the examination process or testimony

Non-maleficence requires that the forensic examiner's work not cause unnecessary harm to individuals, the justice system, or the integrity of the evidence.

Which legal standard governs the admissibility of expert scientific testimony in states that have not adopted the Federal Rules of Evidence Daubert standard?

Answer: Frye general acceptance standard

The Frye standard, requiring general acceptance in the relevant scientific community, is still used in some states as the test for scientific evidence admissibility.

A forensic examiner who intentionally fabricates test results to support a predetermined conclusion may be criminally charged with:

Answer: Perjury and/or obstruction of justice

Fabricating forensic results and presenting them as truthful constitutes perjury when done under oath, and can also constitute obstruction of justice.

In the context of digital forensics, 'write blocking' is ethically and legally significant because it:

Answer: Prevents modification of original evidence, preserving its integrity and admissibility

Write blockers prevent any data from being written to the original evidence media, ensuring the integrity required for the evidence to be legally admissible.

A forensic examiner who lacks expertise in a specific area needed for a case should:

Answer: Decline or associate with a qualified co-examiner, disclosing the limitation

Professional ethics require that forensic examiners work only within their areas of competence and disclose any limitations to the retaining party.

Under the Health Insurance Portability and Accountability Act (HIPAA), a forensic examiner handling medical records as evidence must:

Answer: Handle the records in compliance with applicable privacy regulations and court orders

Even in a forensic context, examiners must handle protected health information in accordance with HIPAA requirements and any applicable court orders authorizing access.