FRSC 8113 – Professi0nal Preparation Professor Bensley

A.

Values B.

C.

Morals Ethics

A.

Personal Context 1. Five elements B.

Social Context C.

Personal vs. Professional Ethics

A.

Utilitarianism – The Greater Good 1. Issues B.

Deontological 1. Issues C.

Forensic Science Example 1. The Innocence Project

A.

The Process 1. Ask the right questions 2. Focus on the main issues 3. Balance determination with compromise 4. Debate possibilities 5. Make a decision B.

C.

Additional Factors Black and White vs. The Real World

UNACCEPTABLE BEHAVIOR GRAY AREA ACCEPTABLE BEHAVIOR Personal Standard

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Rationalized Left Shift

Every compromise in personal ethical standards leads to a shift of these standards along the Ethical Continuum

UNACCEPTABLE BEHAVIOR GRAY AREA ACCEPTABLE BEHAVIOR UNACCEPTABLE BEHAVIOR GRAY AREA ACCEPTABLE BEHAVIOR Personal Standard UNACCEPTABLE BEHAVIOR GRAY AREA ACCEPTABLE BEHAVIOR

U N A C C E P T A B L E GRAY AREA ACCEPTABLE BEHAVIOR Personal Standard

 Martin's Law of Compounding Errors  No major catastrophic event is the result of a single error. It is the culmination of many smaller, less noticeable errors.

  Therefore we do not immediately go from acceptable behavior to unacceptable behavior in a single act.

But rather in a series of slight shifts in our personal standards and the subsequent rationalization of them

D.

E.

Some Rules?

Results of Decisions – Actions vs. Consequences

 45% of employees have lied to their supervisor  51% have committed an unethical act at   work: Violated quality standards Lied to cover up breach in quality  36% have lied on or falsified a report  SHRM and Ethics Resource Center

  Gallup Polls (2/5/01 and 1/8/14) “What do you think is the most important problem facing the country today?”

1.

2.

3.

4.

5.

2001

Ethics, dishonesty 13%

Education Crime/Violence Dissatisfaction with Government 9% Drugs 12% 9% 7% 2014 1. Dissatisfaction with 21% Government 2. Healthcare 3. Ethics, Dishonesty 4. Poverty, Hunger 5. Immigration 16%

5%

4% 3%

Profession Auto Mechanics Business Execs Car Salespeople Clergy College Teachers Dentists Funeral Directors Lawyers Medical Doctors Members of Congress Pharmacists Police Officers Telemarketers 2000

22% 23% 7% 60% 59% 58% 36% 17% 63% 21% 67%

55%

9%

2006 - 2007

25% 14% 5% 53% 58% 62% 47% 15% 64% 9% 71%

53%

5% Source - http://www.gallup.com/poll/1654/honesty-ethics-professions.aspx

44% 20% 69% 8% 70%

54%

8%

2011 - 2013

29% 22% 9% 47% 53% 62%

       2008  Labor Union Leaders  LAWYERS Business Executives Advertisers Stockbrokers Congressmen Car Salesmen Telemarketers

And the lowest:

 Lobbyists Sources – Gallup.com, 11/24/08

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B.

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D.

E.

1.

2.

3.

4.

5.

The Criminal Justice Culture Science vs. Law Lying and deception Prejudice and discrimination Egosism and abuse of power Opportunity and incentive The Crime Scene The Laboratory The Courtroom Areas of Concern

    The Ends Justify The Means If It Is Necessary It Is Ethical If it is Legal and Permissible, It Is Proper Little White Lies       Fighting Fire With Fire It Does Not Hurt Anyone Everyone Is Doing It It is OK If I Do Not Personally Gain I’ve Got It Coming I Can Still Be Objective

Josephson Institute of Ethics - making ethical decisions

You arrive at a crime scene and find out it is the house of your wife’s ex-husband and you have a long history of conflict in the past five years. Is it ethical for you to continue on the case?

“No, I would excuse myself from the case mainly to avoid appearance of impropriety.” “Yes, so long as I can explain my conflict of interest to my supervisor, and let him decide.” “Yes, so long as I can separate the personal issue and not let it effect my judgment.”

The defense attorney made a mistake in defending the case on a DNA data and would lose the case for sure. Do you have an obligation to correct him?

“No, each side will use findings in the manner in which they see fit. I can't change that, such is the nature of the beast.” “Yes, if the statement is misleading or in error, as a scientist I must try to rectify the situation because a scientist can't knowingly let misleading or erroneous testimony stand.” “Yes, I will inform my supervisor of it and let him decide.”

If you know your co-worker has falsified some data on a case that you both completed analysis on, would you report it to your supervisor?

“Yes, otherwise I could be part of it.” “No, I am not the supervisor.” “Depend on the nature of the consequences and/or misconduct”

  

OJ Simpson Case Mishandling of the crime scene processing; Blood evidence left in a hot van for over three hours;

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Blood missing from the evidence chain of custody;

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Two key forensic workers were found lying in court about their mishandling the crime scene.

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FBI Bullet Lead Analysis Video (13 minutes)

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Phil Spector Case / Henry Lee Fred Zain Michael West http://www.forensicpage.com/new11.htm

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http://www.corpus delicti.com/forensic_fraud.html