RELATIONSHIP OF FORENSIC SCIENCE & LAW

INTRODUCTION
 Forensic Science today makes an important contribution to the operation
of the Criminal Justice System (which forms a major branch of Law)
providing evidence which could help decide the guilt of a suspect.
 Forensic Science is able to do so because it has developed to operate
within the reality determined by the Criminal Justice System.
 Changes that are occurring today seem to upset the relationship
between Forensic Sciences and the Criminal Justice System by the
creation of communication problems. Examples of these problems exist in
the changes occurring in the concept of death made necessary by
organ transplants. These changes have shifted the focus from the quantity
of life to the quality of life and make it impossible for the Forensic Scientist
to answer honestly the questions that might be put him.
 The need for reforms in the law in view of social changes has been
recognized and in many countries, attempts at such changes are afoot.
 With these changes, a new reality is being defined. Forensic
 Science, being a discipline that comes first in contact with a multitude of
emergent problems, has a part to play in the definition of this reality.

SIMILARITIES
 Law and Forensic Science overlap each other since both are aimed at
solving crime and securing justice to the victim and bring peace in the
Society.
 Both the fields are considered synonymous with crime scene investigation.
 Forensic Science is a specialization of under the Criminal Justice System
 Criminal Justice is wider in scope
 Study of Forensic Science and Criminal Justice System focuses on the
justice system in general
 Both the disciplines have to be studied together in order to be aware
about crimes and its numerous effects.

DIFFERENCES
 CRIMINAL JUSTICE SYSTEM focusses on crime.
 It hones the causes of crime, responses by law enforcement agencies and
prevention methods.
 It focusses on the study of law and legal theory, law enforcement
philosophies, sociology and criminal behaviour.
 It deals with theories of crime, crime prevention and its repercussions on
the Society.

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  FORENSIC SCIENCE also helps in examining crime but from a different
perspective.
 It focuses on application of science and scientific methods to understand
all aspects of a crime, including perpetrator and the causes.
 Those who study forensic science are expected to take certain courses in
physical sciences, such as biology and chemistry.
 It emphasis on the physical elements of crime and their importance as
evidence.
 It is a lab science program with greater emphasis on evidence analysis.

IMPORTANCE OF FORENSIC SCIENCE IN LAW

 The word “forensic” has its roots in the Latin word “forenses” which means
a forum. Back in early Rome, a forum referred to a public place where
judicial proceedings and debates were held.
 Thus, the origin and the very definition of ‘forensic science’ points to its
close association with the legal system.
 Forensic Science involves the collection, preservation, and analysis of
evidence suitable for prosecuting an offender in the court of law.
 The application of forensic science in the criminal justice system is,
therefore, an apparent picture.
 The legal system widely recognizes the role of forensic evidence in the trial
of criminal offenders
 Forensic evidence is extensively used worldwide to both convict and
exonerate defendants.

FORENSIC SCIENCE & THE LIMITATIONS OF LAW

 No doubt Forensic Science is closely related to Law & Criminal Justice
System.
 However, there are certain techniques of Forensic Science that have to
stand the test of some Legal Provisions.
 For instance, in the case of Smt. Selvi v. State of Karnataka the techniques
used in Forensic Science such as Narco Analysis, BEAP & Polygraph Test
were held to be violative of Constitutional Rights guaranteed under Article
20(3).
 Therefore, it can be clearly seen that Forensic Science cannot operate in
vacuum and it has to subject itself to the limitation of law and be in
harmony with the existing legal provisions.
 The following pre-dominant questions are to be considered while
discussing the relationship of Law & Forensic Science:
1. WHAT IS THE CONSTITUTIONAL VALIDITY OF SUCH TECHNIQUES?
2. TO WHAT EXTENT DOES THE LAW ALLOW THE USE OF FORENSIC TECHNIQUES IN CRIME

INVESTIGATION?

3. WHAT IS THE EVIDENTIARY VALUE OF THE FORENSIC INFORMATION OBTAINED FROM THE

EXPERTS?

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 RESTRICTIVE USE OF FORENSIC SCIENCE IN INDIAN LEGAL SCENARIO
 Although Forensic Science and Law have been closely knit over the
period of years for objective of proving crime and solving, yet the Indian
Courts still rely heavily on non-scientific evidence because of non-
availability of proper techniques.
 A study of year 2011 shows that only 47 cases in Supreme Court and
differed High Courts, DNA has played an important role.
 The area of forensic science in India has, yet, not been fused. Many a
time, neither the judge, nor the lawyer nor even the police appreciate
fully, the advances or the extensive, promising potentialities of the science
and the fusion of new technologies, methodologies, modalities and
research.
 The Committee on Reforms of Criminal Justice System indicated that the
present level of application for Forensic science is very low in our country.

BASIS CRIMINAL JUSTICE SYSTEM FORENSIC SCIENCE

How do the fields define and
differentiate themselves?
Criminal justice examines the
theory of crime, as well as its
causes and effects. It generally
focuses on a sociological aspect
of crime when examining law
enforcement and prevention.
Forensic science is a field that
utilizes existing scientific methods
to examine a crime and its
evidence to provide information
on its perpetrators and causes

What department is the This varies based on the
program typically part of institution; in some schools the
within the educational criminal justice program may be
found within the department of
institution? criminal justice or criminology,
while in others it maybe housed
within the school of public
affairs, and in others still it may
be contained within
department of political science.
The forensic science degree
may be part of the department
of criminal justice or criminology,
although students should be
expected to take courses in
departments related to natural
sciences and lab work.
the

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What bodies of knowledge While studying criminal justice While a student of forensic
will studies of each subject one will likely encounter the science will likely take classes
will focus on ? following areas of study: related to criminal justice, he or
Sociology she should expect to be
Legal theory and philosophy exposed to the following
Law and law enforcement subjects as well:
methods and theory DNA, blood stain, and fingerprint
Criminal behaviour and analysis
criminology Toxicology
Ethics Forensic case reporting
Corrections Forensic anthropology,
microscopy, and chemistry
Criminal procedure and crime
scene investigation
Forensic pathology

What specializations are In some cases, students may be Sometimes forensic science itself
available in each Subject? able to specialize in forensic is offered as a criminal justice
science while pursuing a degree specialization, although in such
in criminal justice. Other cases the program tends to
specializations include emphasize breadth of forensic
corrections, policing, homeland understanding, whereas
security, emergency standalone forensic science
management, cybercrime, and degrees tend to emphasize lab
criminal behavior. science related to evidence.
Specializations might include
DNA and serology, toxicology, or
death investigation.