Legal & Ethical Considerations in Forensics Flashcards

Which action by a forensic locksmith during an active investigation would most likely constitute spoliation of evidence?

Answer: Disassembling a lock for examination without documenting its original condition

Disassembling evidence without prior documentation destroys the original state and may constitute spoliation, exposing parties to sanctions.

A forensic locksmith is asked by a journalist to comment on findings from a pending case. The ethical response is to:

Answer: Decline to comment on any case-specific information without authorization from the retaining attorney

Disclosing case-specific information to the media without authorization violates confidentiality duties and can compromise the proceeding.

The Federal Rules of Evidence Rule 702 requires that expert testimony be based on:

Answer: Sufficient facts or data, a reliable methodology, and reliable application to the facts of the case

FRE 702 codifies Daubert by requiring sufficient factual basis, reliable method, and reliable application — a three-part test for admissibility.

When a retaining attorney instructs a forensic locksmith not to produce notes during discovery, the locksmith should:

Answer: Retain all notes and seek clarification from counsel, understanding that destruction may constitute obstruction

Destroying notes under legal hold obligations can constitute obstruction of justice; the locksmith must retain materials and seek legal guidance.

A forensic locksmith conducting a court-ordered inspection has the legal status of:

Answer: A neutral expert under the court's supervision, subject to the court's orders and both parties' oversight

Court-appointed or court-ordered experts serve the court and are subject to judicial oversight and the rights of all parties.

In criminal cases, a forensic locksmith retained by the prosecution must disclose exculpatory findings to:

Answer: Defense counsel, because Brady v. Maryland requires disclosure of material exculpatory evidence

Brady v. Maryland obligates the prosecution to disclose material exculpatory evidence, including expert findings, to the defense.

A forensic locksmith who overstates the certainty of lock manipulation findings on the stand is most likely violating which ethical principle?

Answer: Honesty and intellectual integrity

Overstating certainty misrepresents the strength of evidence and violates the expert's fundamental duty of honesty to the court.