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The Partisanship Panorama Of Forensic Evidence: Bursting Forth To Maladministration In Criminal

The Partisanship Panorama Of Forensic Evidence: Bursting Forth To Maladministration In Criminal Justice System




Nair Swathy Balasaraswathi, Research Scholar Department of Law, Karaiavattom, Trivandrum, Kerala

ABSTRACT

Forensic science is only as reliable as the people performing the tests. This means that forensic science is vulnerable to distortions caused by corruption or misconduct. The most recent forensic misconduct scandal erupted in New Jersey in December 2018 related to drunk driving cases. Alcotest machines are used in drunken driving cases across the country to determine if a driver's blood alcohol content is above the legal limit. When people responsible for forensic testing misbehave, the integrity of the entire system is called into question. Our criminal justice system relies on forensic scientists to tell the truth because lay people rely on their testimony and lack the expertise to detect their lies. When the system goes wrong, guilty people go free, innocent people are wrongfully convicted, confidence in the criminal justice system is shaken, and taxpayers bear the significant financial burden of cleaning up the mess left behind. Misbehaviour may never be completely prevented. But when life and liberty are at stake, as in any criminal case. It is better to believe that states should continue to be diligent in taking measures to identify and prevent forensic misconduct and in ensuring the reliability of forensic tests, analyzes and results. These require careful handling of evidence and are therefore more expensive and time- consuming. -consumes the response to a security incident. Guidance on the most appropriate response should be obtained from management; if they want to take legal action and have already formatted the hard drive containing the breach, that person may be pretty out of luck. Some techniques apply to all levels of forensic analysis. Probably the most important of them is careful documentation. Write everything down in order. Having good notes available will not only allow you to prepare any required reports, but will also help you review the steps they have taken and help with system analysis. It is worth noting that if a person is preparing for legal action, it is important not only to document what happened, but to preserve the evidence. When preparing notes, start with a bound book to keep the notes in, then sign and date each page as the person completes it.

Keywords: Alcotest, forensic misconduct, corruption, public servant, maladministration

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

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