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10 July 2008 / Carole Mccartney
Issue: 7329 / Categories: Features , Profession
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When science doesn't meet the law

The absence of forensic skills in the legal profession needs to be addressed, says Carole McCartney

As television viewers and legal professionals alike will attest, forensic science is increasingly pivotal in criminal investigations and central to the detection of crime. It has also long been called upon to assist with a myriad of other “legal” investigations such as health and safety investigations; anti-terrorism, family and immigration cases, and other regulatory or civil issues. Upon qualification, all lawyers are quickly required to understand and manipulate information from scientists and other experts. Moreover, the significance of forensic science to the legal system can only be expected to increase with scientific developments occurring at a fast pace, yet there is growing concern about whether the legal profession are keeping up with the scientists.

The “problems” with forensic science, and mistakes made by experts, are rehearsed in the media on an increasingly regular basis. Normally absent from such criticisms is any examination of why it was that no lawyer was able to spot a potential issue

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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