This article has been written by Nihaarika Sangwan.
Table of Contents
One question that arises is how did they use forensic science in courtrooms and how do we use it now?
Forensic science is a branch of science that focuses on criminal investigations. It is governed by the country’s legal system’s propositions of Justifiability of Evidence and Criminal Procedure. Because the ancient legal system lacked standardised forensic methods, many transgressors went unpunished. However, as its importance grew, forensic science in the field of law emerged.
The application of medical and paramedical knowledge to aid in the administration of justice is known as forensic or legal medicine (forensic = forums of or employed in Courts of Law). It is a tool used by legal authorities to solve legal issues. Applying medical expertise in cases of injury, murder, suicide, accidents, sexual offences, poisoning, and so on are some examples. In a nutshell, it is concerned with medical elements of the law.
Medical jurisprudence, often known as legal medicine, is a branch of science and medicine that studies and applies scientific and medical knowledge to legal issues such as inquests and the practise of law. Because contemporary medicine is a state-regulated legal creation, and medico-legal disputes involving death, rape, paternity, and other issues require a medical practitioner to present evidence and testify as an expert witness, these two fields have historically been intertwined. As a result, we can deduce that forensic medicine is the science that teaches the application of every discipline of medical knowledge to legal goals; hence, its boundaries are, on the one hand, legal requirements, and on the other, the entire field of medicine. Anatomy, physiology, medicine, surgery, chemistry, physics, and botany all lend a hand when it’s needed, and in some situations, all of these fields of study are necessary to help a Court of Law reach a proper verdict on a contentious subject involving life or property.
The autopsy has historically been the most important instrument in forensic medicine. Autopsies are commonly used to identify the dead, but they can also be used to ascertain the cause of death. For example, in situations of death caused by a weapon, the forensic pathologist may often provide specific information on the type of weapon used as well as critical contextual information by analysing the wound (In the case of a gunshot death, for example, he can establish the range and angle of fire with considerable precision). Forensic medicine plays a critical role in identifying victims of disasters such as landslides and plane crashes. In addition to determining the cause of death, forensic pathologists can have a substantial impact on the outcome of insurance and inheritance trials. Medical jurisprudence, sometimes known as forensic medicine, is the practise of applying medical research to legal issues. It is usually engaged in cases involving blood ties, mental illness, injury, or death as a result of violence.
In situations of rape, forensic medicine has become increasingly relevant. Modern approaches include samples of the criminal’s sperm, blood, and hair found in the corpses of the victims, which can be matched to the defendant’s genetic composition using a procedure known as DNA fingerprinting; this technique can also be used to identify a victim’s body. A qualified psychologist’s determination of serious mental disease can be used to demonstrate incompetency to stand trial, a strategy that is occasionally employed in the insanity defence.
A forensic pathology is a synonym for forensic medicine. In a nutshell, medical jurisprudence, often known as legal medicine, is a discipline of science and medicine concerned with the study and application of scientific and medical knowledge to legal concerns such as inquests and the practise of law. Because contemporary medicine is a state-regulated legal creation, and medico-legal disputes involving death, rape, paternity, and other issues require a medical practitioner to present evidence and testify as an expert witness, these two fields have historically been intertwined. Forensic medicine, which includes forensic pathology, is a more specialised subject that entails the gathering and examination of medical evidence (samples) in order to generate objective data for use in the judicial system.
“Applying science to statutes enacted in criminal justice by law enforcement agencies” is how forensic science is defined. The application of scientific principles and procedures from diverse science areas to legal concerns is referred to as forensic science. Sociology, physics, forensic chemistry and biology, DNA profiling, computer science, and engineering are all part of the proof analysis. For example, physics is utilised to decipher the blueprint of blood dispersion; biochemistry is utilised to build the foundation for an unproven suspect; and chemistry is utilised to determine the chemical composition of various medications.
In criminal, civil, legislative, and social contexts, forensic science is a combination of practically all scientific capabilities that serves as a critical and competent tool for the administration of justice. It aids in the description of all of science’s applications in addressing legal issues. Forensic science is today a cutting-edge research tool employed in criminal and civil investigations, capable of answering key questions and an essential component of the criminal justice system. It covers all well-known techniques such as fingerprint analysis, DNA analysis, ballistics and explosives, guns, culture, and so on.
The Middle Ages ( 500-1500 AD)
The first instance of forensic application was in Song Ci’s book, which was used to distinguish between murder and suicide. The book gave an example of a criminal being apprehended with the use of flies, demonstrating that human blood cannot simply evaporate from the weapon used, and hence may be used to forecast the weapon used to perform the transgression and catch the perpetrator.
Suspects were forced to put rice powder on their tongues in ancient times. Suspects were also made to lick hot metal rods in Middle Eastern culture, with the idea that a guilty individual would have a drier mouth due to less saliva production. The defendant would be found guilty if rice was stuck to their mouths in large amounts or if their tongues were severely scorched.
The Contemporary Era ( 1500-1800 AD)
Even though it had been used in medical times for several years, the term “forensic” was first considered an official word of the English language in 1659. There are two notable examples of forensic science’s application of “logic and procedure”:
- John Toms was charged with murdering Edward Culshaw with a handgun in Lancaster. A handgun lump used to keep powder and balls in the muzzle were discovered in his head wound, which matched exactly with a shredded newspaper located in Toms’ pocket, leading to his conviction.
- The next incident occurred in Warwick in 1816, when a young female servant was discovered immersed in a shallow pond with severe signs of physical assault. The offender was apprehended by the authorities based on footprints and a corduroy cloth with a sewn patch on a hot patch of soil near the pool. Wheat kernels and chaff were also discovered near the cloth. A farm labourer thrashing fields in a nearby field precisely matched the corduroy material and was thus found guilty.
The Age of Post – modernism ( late 1800s- till date)
By the twentieth century, forensic science had been widely used.
- Handbook for Coroners, Police Officials, and Military Policemen, produced by the Australian criminal jurist Hans Gross primarily in the 19th century, is often regarded as the beginning of the field of ‘Criminalistics’. The book offered a synthesis of knowledge from diverse domains such as psychology and physical science, which had previously co-existed in previous studies. These domains can be effectively employed to combat crime. It concludes that each human is unique, and that by calculating their physical contrast, a personal identification system can be constructed. As a result, he established the Bertillon system, which uses unique measurements to identify criminals and citizens. By 1884, nearly 240 repeat offenders had been convicted using this approach.
- Handbook for Facility Planning, Design, Construction, and Relocation, by NISTIR-7941 was just added to the list named as ‘Forensic Science Laboratories’. It shows how to tackle various parts of forensic science using a distinctive framework. The information offers advice for personnel selection for specific positions.
How does it help the judicial process?
- Toxicology and Ballistics: This procedure is used to determine whether or not there is arsenic in the bodies. The first person to apply this new science to the art of forensics was James Marsh. He also produced arsine gas by combining sulfuric acid and arsenic-free zinc in a solution. This gas was capable of detecting even a tenth of a milligramme of mercury in the body.
- Anthropometry: It is the study of taking systematic measures of the human body. It was invented in the 19th century to solve the problem of identifying criminals based on their name and pictures. Human size, structure, and composition are examples of anthropomorphic measures.
- Fingerprints: Because the arrangement of each human finger’s pinnacle is unique and does not change with development or age, fingerprints are an excellent method of personal identification. Fingerprints were originally used in the identification of suspects by Sir William Herschel. In 1858, he began using thumbprints on documents as a security mechanism to prevent the widespread use of fake signatures while working for the Indian Civil Service.
- Uhlenhuth Test: It is a forensic test that has been used by American forensics since 1901 to determine the presence of antibodies in a person’s blood cells. It may also be used to detect paternity and the type of blood a child possesses. It can also be used to suspect a suspect when an alien blood stain is discovered on a victim.
- DNA: This is a type of genetic material that is utilised to research an individual’s genes. Each person’s DNA profile is unique, similar to fingerprints, and it is kept separate from the genes of identical twins who have the same genetic code. In 1985, British scientist Alec Jeffery utilised it for the first time to solve a double murder case by referring to earlier murder cases.
- 13 Forensic Odontology: It aids in the identification of victims whose bodies have become unrecognisable. This can be accomplished by looking at their teeth, alignment, and overall oral anatomy. Forensic pathology and Medico-Legal Death Investigation: By examining the corpse, forensic pathology aids in the discovery of the cause of death. Forensic medicine entails the collecting and examination of medical samples in order to derive admissible facts in a court of law.
- Cyber Forensics: Cyber criminalistics is the study of evidence obtained on computers and media storage devices such as flash drives and hard discs. Its main goal is to find, save, recover, evaluate, and publish digital facts and figures’ facts and opinions. It is mostly used to investigate cybercrime and legal cases.
- Criminal Profiling: This is based on a psychological report obtained from an offender and aids in the creation of a comprehensive social and psychological profile of the criminal. The basic steps of criminal profiling include an in-depth analysis of the crime scene, analysing the indigence and drawing parallels with similar incidents in the past, evaluating the victim’s background and activities, considering all possible motives for the perpetrator, and preparing a detailed description of the suspects to compare with previous cases, among others.
- Pattern Evidence and Impression: The evidence created when two items collide with enough force to create a “impression” is known as impression evidence. A two-dimensional impression, such as a fingerprint, or a three-dimensional impression, such as a bullet mark, are examples of this. Pattern proof analysis necessitates the discovery and evaluation of additional features inside a given perception. Impression and pattern evidence, when combined, can aid in establishing critical ties between a suspect/tool and a crime scene.
- Forensic Pathology and Medico–legal Death Investigation: Forensic pathology aids in the identification of the cause of death by examining the body. In order to deduce facts that are admissible in court, forensic medicine necessitates the collection and examination of medical samples. For example, recognising wound patterns can help identify the weapons used to inflict the wound. In deaths involving exit and entry wounds, forensic pathologists may also look into firearms or other projectiles. A forensic pathologist can use this information to determine if death is natural, criminal, or accidental.
- Traces of proof: Substances such as fibres, dirt, hair, gunshot residue, wood, and pollen are examples of trace evidence. It gets its name from its capacity to easily travel between goods, persons, and climate during a crime. Trace evidence is also important in establishing a link between the culprit and the victim. A soil sample taken from a victim’s shoes, for example, could reveal crucial information about the crime scene and so aid in the identification of the offender.
- Cyber Forensics: The study of electronic data and physical storage devices such as pen drives, hard discs, and so on is included in cyber forensics. Its major goal is to recognise, store, retrieve, assess, and present digital content facts and views. This is mostly used to pursue cybercrime and civil cases. Since the mid-1980s, cyber forensics has been used in criminal law, with prominent instances including Sharon Lopatka’s murder, Dennis Rader’s conviction, Dr. Conrad Murray – Michael Jackson’s personal physician, and Joseph E. Duncan III.
Application in India
The use of science and technology to detect and carry out investigations is not new; we can trace the use of science in investigations back to Kautilya’s Arthashastra. For a long time, Indians recognized that handprints were idiosyncratic and hence were used as signatures by illiterate people in India; some people even considered it a ritual until it was experimentally proven that finding criminals through fingerprints was infallible.
To investigate the evidence and compile a forensic report, a number of laboratories and bureaus were established. Chemical Examiner’s Laboratory in Madras, established in 1849, was established to isolate, detect, and assess various venoms in the human system. In the nineteenth century, the Criminal Investigation Department (CID) and the Anthropometric Bureau were founded to keep anthropometric records of criminals. In 1897, the world’s first fingerprint bureau was founded in Calcutta, India.
A serology department, a footprint section, a ballistic laboratory, and a state forensic science laboratory, among other things, were established. Despite the fact that they were formed at such a young age, we still lack real improvement in our science, and as a result, many criminals are acquitted due to limits in the application of forensic science in courtrooms.
Admissibility of Forensic Science in Indian Court Rooms
The Indian Evidence Act, Sections 45 and 46, provide a brief overview of the admissibility of forensic reports in courtrooms. Sections 45 and 46 contain the following ingredients:
- The court will rely on skilled experts with technical and field expertise of the facts mentioned in the case whenever it deems it necessary.
- The court will rely on the report submitted by the official or expert who has arrived at his conclusions using a variety of procedures with good faith.
- Any evidence that looks irrelevant to the court but is significant in the expert’s judgment will be awarded relevance as a result of the expert’s view.
Forensic laws related to medical jurisprudence in India
Indian Penal Code, 1860
- Injury is defined in Section 44: Any illegal harm to a person’s body, mind, reputation, or property of any kind.
- Hurt (Section 319): Harm: Any individual who is hurt suffers from bodily pain, disease, or infirmity.
- Grievous Injury (Section 320)
- Section 321 of the IPC defines “voluntary causing harm.”
- Definition of “Voluntarily Causing Grievous Hurt” in Section 322
- Assault is defined in Section 351 as a threat or attempt to use force. An assault is committed by anyone who makes any gesture or preparation with the intent or knowledge that such gesture or preparation will lead any person present to suspect that the person making the gesture or preparation is about to use unlawful force against that person.
- Punishment for Intentionally Causing Harm is described in Section 323 of the IPC. Imprisonment for a period of up to one year, with or without a fine of up to Rs. 1000.
- Punishment for Voluntarily Causing Hurt by Dangerous Weapon under Section 324 IPC is up to 3 years in prison, with or without a fine.
- Punishment for Voluntarily Causing Grievous Hurt is described in Section 325 of the IPC. Will be sentenced to a maximum of 7 years in jail, with or without a fine.
- Punishment for Voluntarily Causing Grievous Hurt by a Dangerous Weapon or Means is described in Section 326 IPC. Will be sentenced to life in jail or ten years in prison, with or without a fine.
- Section 328 of the Indian Penal Code states that causing harm by means of poison, etc. is punishable by imprisonment for up to ten years, with or without a fine.
Indian Evidence Act, 1872
- Expert opinions are discussed in Section 45. When the Court must develop an opinion on a point of foreign law, science, or art, or on the identity of handwriting, relevant facts are the opinions of individuals who are particularly skilled in such foreign law, science, or art. Experts are people like this.
- Section 114A: In a rape case, if the question is whether sexual intercourse occurred without the woman’s consent and she says she didn’t consent in her testimony, the court will conclude she didn’t consent.
Code For Criminal Procedure, 1973
- Section 53 (I) CrPC: At the request of a police officer who is employing reasonable force, an accused may be examined by a medical practitioner.
- Section 53 (ii) CrPC: When a female accused person is to be examined, it must be done solely by or under the supervision of a female registered medical practitioner.
- A medical practitioner may examine an arrested individual at his request in order to detect evidence in his favor under Section 54 CrPC.
- Section 174 of the Criminal Procedure Code: Police must investigate and report suicides, among other things.
- Section 176 CrPC: Magistrate’s inquiry into the cause of death
Indian Medical Council Act, 1956
Professional Conduct (Section 20A):
- The Council may establish norms of professional conduct and etiquette for medical practitioners, as well as a code of ethics.
- The Council’s regulations adopted under sub-section
It may specify which violations shall constitute notorious conduct in any professional regard, i.e., professional misconduct, and such provision shall apply notwithstanding any other provision of legislation now in force. There are several disadvantages to these rules, according to the current Indian scenario.
Despite its numerous advantages, evidence obtained through medical jurisprudence is still deemed secondary to expert opinion rather than primary evidence. The report of an autopsy process is only recognised documentary evidence in specific circumstances under the Indian Evidence Act of 1872. Doctors are bound by doctor-patient confidentiality, which frequently puts them in the position of deciding whether or not to share information with the legal system.
If the doctor learns that one of his patients has committed a crime (other than suicide), he is obligated to report it to the authorities. He may face repercussions if he fails to do so. As a result, comprehensive briefing of doctors about these pre-existing regulations, as well as amendments to certain conflicting statutes, is critical.
Here are a few suggestions:
- Legal formulation of legislation that would use medical jurisprudence as a main source of evidence.
- Other scientific test results must also be regarded as documentary evidence if they are performed according to normal testing methodology.
- If a patient attempts suicide, the doctor must notify the appropriate authorities. This will assist in resolving the circumstances that may have led to such a drastic action by the victim, as well as ensuring the patient’s safety in the near future.
- The function of medical jurisprudence in bridging the gap between doctors and lawyers is critical. This field has benefited society by providing new avenues for old pending cases that were previously thought to be at a stalemate.
- Personnel in the legal and medical professions must work together to give the discipline of medical jurisprudence the honour it deserves, which it has deserved for a long time. As a result, medical law might be viewed as a kaleidoscope of new possibilities.
DNA profiling: Meaning
The human body is made up of nucleus cells, and each of these nucleus cells has chromosomes, which contain linearly organised genetics units known as Deoxyribonucleic Acid (DNA). DNA is the genetic material that distinguishes each individual; except in the instance of identical twins, each individual’s DNA molecules differ from one another, which is why it is considered one of the most effective methods of identification.
The goal of the DNA profiling methodology is to determine the differences between the many DNA samples acquired from people. DNA profiling makes use of modern techniques developed by molecular biologists to ‘hone in’ on the areas of DNA where there are variances between individuals:
- Identifying missing children and in cases of kid swapping (in medical science).
- Establishing biological relationships between two or more people.
- DNA testing for exoneration after conviction.
- To put an end to the paternity case.
- To resolving the remaining criminal cases.
- Inheritance or succession, adoption, minor child maintenance, and so on.
- Transplantation of organs (in medical science).
Restriction Fragment Length Polymorphism (RELP) and Polymer Chain Reaction (PCR) are two techniques that are widely used for DNA profiling. Of these, the Polymer Chain Reaction (PCR) technique is considered to be the most effective in terms of DNA profiling because it allows even the smallest biological molecule to be tested.
The double stranded DNA isolated from biological material is separated into single strands using this procedure, which involves incubation at a high temperature. Each strand acts as a template for the reproduction of their complementary sequences’ intricacy. PCR is a technology that allows a person’s DNA to be reproduced using the smallest biological molecules. “Template DNA” and “DNA Polymerase” are the two components of this approach.
DNA Technology Regulation Bill, 2019
Use & Application
The Department of Biotechnology has introduced the DNA Technology (Use & Application) Regulation Bill, 2019, in response to the 271st Law Commission Report’s suggestion. The Bill was passed in the Lok Sabha, however it lapsed in the Rajya Sabha due to a lack of needed support. The purpose of the bill is to establish regulations for the use and application of DNA technology for the purposes of establishing the identity of certain categories of persons, such as victims, offenders, suspects, under trial, missing persons, and unknown deceased persons, as well as for matters related to or incidental to that.
The provisions of this Bill have given authorities the authority to use and keep an individual’s unique genetic identifier for the objectives stated in the aim clause. The bill’s most important provision is the creation of a National DNA data bank and a Regional DNA data bank, where all samples gathered from crime scenes as well as individuals will be preserved and used in the future for the purpose of identifying suspects, victims, and so on. Every data bank built in this manner must keep indexes for the following data categories:
- A list of crime scenes
- A suspects’ or defendants’ index
- A list of offenders
- A list of people who have gone missing
- A database of unidentified deceased people
The Bill also includes a provision for the establishment of a DNA Board to oversee the operation of the DNA data bank and laboratories, with the goal of creating a supervisory authority. Because the provisions of the bill allow authorities to take DNA samples from those suspected of committing crimes without their agreement when the punishment is more than seven years in jail, authorities can take DNA samples from people suspected of committing crimes without their consent. At the same time, the authorities have the authority to store the information gathered for future use.
Obtaining and collecting biological information of an individual without agreement is regarded a breach of right to privacy in the current day, when right to privacy has already been proclaimed a basic right under Article 21 of the Indian Constitution by the Apex Court. Another major issue raised by the bill’s introduction was that, in the lack of data protection legislation, the bill’s passage would result in data misuse and a greater risk of data hacking. Apart from the issue of privacy, another major concern with the Bill is that it goes against the fundamental principle of the criminal justice system; because the principle of innocence until proven guilty is considered to be the foundation of the criminal justice system, the introduction of this Bill goes against it?
Because it obtains an individual’s data and uses it for future investigation purposes, guilt is suspected rather than innocence. Another worry is that collecting and exploiting a defendant’s DNA data without his agreement amounts to self-incrimination, which is prohibited under Article 20(3) of the Indian Constitution. Apart from the legal aspect, the technical requirements and the likelihood of correctness of the approach used are also important considerations. As a result, despite the fact that the Bill was intended to aid in the investigation and delivery of justice, it has failed to address a number of fundamental difficulties.
Landmark cases solved using forensic science
Vasu v. Santha 1975 (Kerala)
The court has established some standards regarding DNA tests and their admissibility to show parentage in the circumstances mentioned above:
(1) Courts in India cannot order blood tests as a matter of course;
(2) Wherever applications for such petitions are filed in order to conduct a roving inquiry, the Forensic Evidences in Criminal Trial: Need of the Hour blood test request cannot be accepted.
(3) The husband must show non-access to dispel the presumption arising under Section 112 of the Evidence Act, which requires a strong prima facie case.
(4) The court must carefully consider the consequences of conducting the blood test, including whether it will brand a child as a scumbag and the mother as an unchaste woman.
(5) No one can be forced to furnish a blood sample for testing. Furthermore, the court stated that a blood-grouping test is a useful tool for determining paternity disputes. It can be used by courts as circumstantial evidence, allowing them to rule out a particular person as the child’s father. However, it is important to stress that no one can be forced to donate a blood sample for analysis against their will, and no negative consequences can be drawn as a result of their refusal.
Tandoor Murder Case (1995) Delhi
This was the first criminal case in India to be solved using forensics. In this case, Shusil Sharma murdered his wife Naina Sahni at home by firing three gunshots into her body. He murdered his wife, believing she was having an affair with Matloob Karim, a classmate and fellow congressman.
Sharma drove his wife’s body to the Bagiya restaurant after murdering her, where he and restaurant manager Keshav Kumar attempted to burn her in a tandoor. Sharma’s revolver and blood-stained clothes were confiscated by police and sent to the Lodhi Road forensic laboratory. They also extracted a blood sample from Harbhajan Singh and Jaswant Kaur, Sahni’s parents, and sent it to Hyderabad for a DNA test.
“Blood samples preserved by the doctor while conducting the post mortem and blood stains on two leads taken from the head and neck of deceased Naina’s body are of the ‘B’ blood group,” according to the lab report. “The findings prove beyond any reasonable doubt that the burned body is that of Naina Sahni, who is the biological offspring of Mr. Harbhajan Singh and Jaswant Kaur,” the DNA report concluded, confirming that the body was that of Sahni. Finally, with the use of forensic evidence, Mr. Shusil Sharma was found guilty.
There is little scientific data available to support this impression in connection to medical evidence due to a lack of work culture in the courts. As a result, a pilot research was designed to assess the amount of time and effort spent by medical specialists in getting evidence documented in criminal courts, as well as other associated issues.
The Malimath Committee requested that a few sections of the Criminal Procedure Code be amended to accommodate forensic science principles, such as: A separate regulation for the police should be enacted, establishing consistent rules for obtaining genetic information and establishing necessary protections to prevent its exploitation.It is recommended that a national DNA database be established, which will be extremely useful in the battle against terrorism. To handle DNA samples and evidence, more well-equipped laboratories should be constructed. More efforts should be made to raise awareness among the general public, prosecutors, courts, and law enforcement.
Due to the interdisciplinary character of the work in forensic science laboratories, there is a need to establish and supplement the ‘General Criteria for Laboratory Accreditation’ for the purpose of accrediting forensic science laboratories. A Technical Committee especially formed for the purpose developed the document ‘Specific Criteria for Accreditation of Forensic Science Laboratories’. It is intended to augment the publication ‘General Requirements for the Competence of Testing and Calibration Laboratories’ by providing particular guidance on the accreditation of Forensic Science Laboratories for assessors and laboratories preparing for accreditation.
Suggestions by Malimath Committee
- To handle DNA samples and evidence, more well-equipped laboratories should be constructed.
- A specific law should be enacted that provides directions to police officers, establishing standardized rules for gathering genetic information and putting in place necessary protections to prevent its exploitation.
- It is recommended that a national DNA database be established, which will be extremely useful in the battle against terrorism.
- Sec. 313 of the CR.P.C. Should also be revised to draw an adverse inference against the accused if he fails to respond to any pertinent material against him, allowing law enforcement to utilize DNA tests against him.
Investigative operations such as ascertaining the cause of death, identifying suspects, locating missing persons, and profiling criminals are all part of forensic science’s role in solving crimes. Autopsies are used by forensic pathologists to ascertain the cause of death. They examine fluids and tissues from a person during these procedures to determine the cause and manner of death (for example, natural causes or homicide). By analysing evidence collected at the site of a crime, such as fibres, hairs, blood, and fingerprints, forensic scientists can identify suspects. These techniques are also used to clear innocent people.
They can use the technique of image manipulation to help find those who have been missing for a long time. A photograph is aged in this approach to show what someone would seem like years after they were last seen. This is also a method used to track out criminals who have escaped prosecution. They can establish a criminal’s patterns and characteristics by analysing a crime scene in order to narrow the suspect pool. So, plainly, legal practitioners need to learn medical jurisprudence, and medical practitioners need to know the law in order to uncover the truth and present it to lawyers and judges. They are also protected from being irresponsible by studying legal provisions.
Medical professionals should not be prosecuted indiscriminately for criminal negligence since it is counterproductive and does not benefit society. There must be a connection between fault, blame, and the need for justice. In relation to the medical profession and carelessness, the writers of Errors, Medicine, and the Law emphasise the link between moral culpability, blame, and justice. In order to be convicted of a serious criminal offence, the accused must have behaved with a morally reprehensible mindset. While recklessness and purposeful wrongdoing are morally reprehensible, any behaviour that falls short of that should not be prosecuted. In the past, common law systems have only made carelessness a criminal offence when the level of negligence was extremely severe, a condition known as gross negligence.
Indeed, at that level, negligence is likely to be indistinguishable from recklessness. Finally, forensic science is defined as the union of natural science principles and legal principles. forensic specialists in this union use their scientific backgrounds to assist law enforcement officers in solving crimes.
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