When science doesn't meet the law: addressing the absence of forensic skills in law degrees

In 2005 the House of Commons Select Committee on Science and Technology voiced its concerns at the lack of training for lawyers in forensic science. In this article from the Autumn 2008 issue of Directions Carole McCartney (School of Law, University of Leeds) and John Cassella (Professor of Forensic Science, Staffordshire University) look at the scale of the problem and explore an innovative approach to teaching forensic science to law students.

This article is a version of the paper presented by Carole and John at FORREST 2008, an annual conference presenting the latest in forensic research and teaching. For further information on the progress of their project contact Carole on e-mail: lawcim@leeds.ac.uk.

Comment: Does(n’t) science meet the law? And does law meet the scientists?! – a post on the Digital Directions blog looks at forensic modules and the science background of students in Scotland

The perceived scientific illiteracy among the public can be seen to extend its reach into the legal profession. This is not surprising when looking at the science education of law students, most of whom have not studied any scientific discipline post-16. Of the 214 students given an unconditional offer to study the law degree at Leeds in 2007, just 39 (18.3%) had at least one science A level (ie biology, chemistry, physics or human biology).

The traditional law degree does nothing to reduce the gap, since it routinely fails to introduce law students to basic scientific concepts or to provide even a rudimentary grounding in the work of forensic scientists. A survey of law schools in England and Wales finds that just four – Huddersfield, Leeds, Sussex and West of England – advertise any ‘forensic’ modules within their law degree scheme (although it is possible that such courses exist elsewhere as free electives within other departments). So not only do a minority of students enter their law degree with any scientific background, in addition very few leave having come into contact with ‘science’ during their degree. This is compounded by the Legal Practice Course and the Bar Vocational Course, neither of which incorporates any aspect of forensic science.

Such omissions should be of concern when the legal system has recourse to science with increasing frequency. In 2005 the House of Commons Science and Technology Select Committee stated that:

Forensic science is now central to the detection and deterrence of crime, conviction of the guilty and exculpation of the innocent. Moreover, the significance of forensic science to the criminal justice system can be expected to intensify in years to come.

— Forensic science on trial (HC96-1) p81

As the Committee concluded, “it is of great concern that there is currently no mandatory training for lawyers in this area”.

This shortfall in legal training can be contrasted with the situation in forensic science departments, where emphasis is placed on students not only learning the science, but also the legal context. A forensic graduate without a grounding in the law would be rightly considered lacking. Forensic science students learn about courtroom etiquette and present their scientific findings as expert witnesses, having investigated a crime scene scenario. They give evidence-in-chief and are robustly cross-examined by lecturers, who themselves have acted as experts at court. The corollary of this for some parity in legal education would be that law students attend a crime scene investigation and are then examined on their science-based findings in a legal context.

Introducing forensic science to law students

A project funded by the White Rose CETL Enterprise is incorporating a more practical problem-solving approach into an existing law module on forensic process and the law. This undergraduate module (with a postgraduate variant) is worth 10 credits, and is delivered to a cohort of 60 students. The module descriptor states that students will acquire the following subject specific skills:

• comprehend and amass data about forensic process and the law
• make well grounded, well structured and well referenced oral and written presentations about the subject
• analyse and criticise the data using policy goals and also normative standards such as human rights
• plan, develop and produce research of an appropriate level, from the information supplied and recovered

Working in conjunction with experts in forensic science education the project is developing a series of innovative Web-based exercises and assessments. A realistic case study has been enacted and recorded at Staffordshire’s crime scene house. This case study will be used in simulation exercises, and has also provided a resource of nearly 1,000 photos which can be used in current and future development of the module.

Students will be expected to work through the forensic processes that would occur in the actual investigation of a criminal case and to present their findings in both written and oral form. The aim is to enable the development of a range of skills including:

• critical thinking and analysis – problem solving; creative/lateral thinking, use of different disciplines outside of law, constructing logical, coherent and cogent arguments, critical reading and manipulation of complex materials
• information and fact finding – utilising a variety of resources, application of law to the facts, use of information technology to retrieve resources, understanding and working with both scientific and legal rules and procedure

Students will take on the decision making roles of the forensic scientist, police investigator, legal representatives and, ultimately, the judge. They should develop thereby an appreciation not just of the role of the forensic scientist within a criminal investigation but also of the intersections of the different roles and agencies involved in a complex criminal investigation, as well as an awareness of the decision making processes and constraints that govern the use of science within the justice system.

The ‘problems’ with forensic science and mistakes made by experts are rehearsed in the media on an increasingly regular basis. Often absent from such criticisms is any examination of why it was that no lawyer was able to spot a potential issue or had drawn attention to errors before the damage was done. One answer is that lawyers currently can avoid any scientific training throughout their education and professional development – indeed, this appears to be the norm. Questions are already being raised as to whether legal education is ‘fit for purpose’ in this regard.

There needs to be a wider debate about the place of forensic skills within the law degree and the ways in which they might best be developed. This project will begin to address the scientific shortfall in legal training and may demonstrate one way in which forensic science can meet the law in a complimentary fashion rather than simply head-on in the courts.

Last Modified: 9 July 2010