ROLE OF FORENSIC JURISPRUDENCE IN THE JUDICIAL PROCESS

• NCJ Number: 13578
• Journal: Journal of Forensic Sciences Volume: 19 Issue: 2 Dated: (APRIL 1974) Pages: 327-336
• Author(s): P J MATTE
• Date Published: 1974
• Length: 10 pages
• Corporate Author: American Soc for Testing and Materials
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. PAPER PRESENTED AT 25TH ANNUAL MEETING OF THE AMERICAN ACADEMY OF FORENSIC SCIENCES, LAS VEGAS, FEB 21, 1973.

Annotation

ROLE OF THE LAWYER AS AN ADVOCATE DEALING WITH TECHNICAL DATA AND AS A 'PHILOSOPHER OF JUSTICE' DEALING WITH THE RATIONALE AND SOCIAL PURPOSES OF THE LEGAL SYSTEM.

Abstract

THE HISTORICAL DISTINCTION BETWEEN THE LEGAL THEORETICIAN AS SCHOLAR, TEACHER, AND CONSULTANT, AND THE LEGAL ADVOCATE AS CHAMPION OF HIS CLIENT'S CAUSE, IS REVIEWED. THIS DICHOTOMY IS EXAMINED IN THE CONTEXT OF FORENSIC SCIENCE. INTERRELATIONSHIPS BETWEEN THE TRIAL LAWYER, THE EXPERT WITNESS, AND THE FORENSIC CONSULTANT IN THE EVIDENTIARY PROCESS ARE DISCUSSED. CONFUSION BETWEEN INCOMPATIBLE ROLES OF THE LAWYER IN THE FIELD OF FORENSIC SCIENCE IS SUGGESTED AS A FACTOR IN MANY OF THE PROFESSIONAL, ETHICAL, AND LEGAL PROBLEMS WHICH HAVE ARISEN IN CASES TURNING ON SCIENTIFIC AND QUASISCIENTIFIC EVIDENCE IN THE PAST. ANALOGIES ARE DRAWN TO SIMILAR PROBLEMS IN THE FIELD OF FORENSIC PSYCHIATRY. A DEFINITION OF THE FORENSIC JURISPRUDENT IN TERMS OF HIS ALTERNATE ROLES IS OFFERED AND SUGGESTIONS AS TO EDUCATIONAL PROGRAMS TO IMPROVE HIS FUNCTION IN THE JUDICIAL PROCESS ARE MADE. (AUTHOR ABSTRACT)