Special Prosecutorial Issues in Handling Forensic Evidence

• 발행기관: 충북대학교 법학연구소
• 저자명: John Jong Soo Park
• 간행물 정보: 『과학기술과 법』제5권 제2호, 91~109쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.12.30

영문 초록

The modern era of advances in forensic science necessitates a firm grounding in ethics. Forensic evidence is routinely given more weight and consideration than ordinary evidence in modern times in any given justice system. Accordingly, the existence or the lack of forensic evidence can form the primary basis for the pursuit of a criminal or even a civil case. Ultimately, it can even become the focal factor for deciding guilt or innocence in the criminal context and fault and no liability by a judge or jury. Therefore, there must be the highest standards for integrity and ethics required for handling forensic evidence. This standard is particularly applicable to the ethical responsibility of the prosecutor. Prosecutors are held to a special standard of ethics as 'keeper of the public trust.' Most prosecutors in the United States know that they are not simply an adversarial advocate in an adversarial system. Just like their Korean prosecutor counterparts, they all take an oath and are sworn to administer the justice and truth. Throughout the career of a prosecutor, this high calling is tested constantly and consistently in varying degrees. Good or bad, advancements in modern forensic science has brought incredible complexity to prosecution, not just in terms of what to make of the science involved but what to do with the science in the judicial process. Nevertheless, the complexity of the forensic science itself and the complex issues that it conjures up should not minimize their sensitivity to this notion of justice, but they should be all the more aggressive in pursuing justice and truth wherever the science may lead. The following discusses this subject matter with reference to an actual case example.

목차

Ⅰ. Introduction

Ⅱ. Ethical responsibility of the prosecutor

Ⅲ. Ethical ideals into practice

Ⅳ. Ethical practice into outcome

Ⅴ. Ethical Outcome into Poetic Justice

Ⅵ. Conclusion

Reference

키워드

Ethical responsibility Prosecutorial discretion Forensic Evidence Professional conduct DNA testing