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When science doesn't meet the law

10 July 2008 / Carole Mccartney
Issue: 7329 / Categories: Features , Profession
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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