Decoding Forensics for Legal Professionals
Introduction
Hello, my name is Shreya Rastogi and on behalf of Project 39A, National Law University,
Delhi, we welcome you to our course, Decoding Forensics for Legal Professionals.
Through our collaboration with Eleos Justice at Monash University, we have specially
curated this course for lawyers and judges, with the overall aim to understand the
‘science’ behind forensic science and how it interacts with the law. As a lawyer,
prosecutor or judge involved in a criminal trial, there are five main aspects that you are
looking to establish - how the crime occured, when it occurred, where it happened, why
was it committed, and most importantly, who committed the offence. Different types of
forensic evidence can help you answer these crucial questions, with varying degrees of
certainty. However, as a legal professional, you may not know or understand the
scientific or technical processes that are used by forensic experts for examining such
evidence. Without this knowledge, it would be difficult for you to understand the
findings of the forensic reports, examine the forensic experts during trial or make any
sense of how the forensic evidence relates to the questions involved in the criminal trial.
While examining the forensic evidence, you should ask:
What are the scientific principles that the forensic evidence is based on?
Can forensic techniques ever go wrong?
How reliable are these forensic techniques?
What is the scientific basis of the opinion delivered by the expert in your case?, and
Finally, how should courts examine the admissibility and weight of such forensic
evidence?
Without an understanding of these aspects, unlike other pieces of traditional evidence,
you will be unable to scrutinise the forensic evidence properly, which will impact the
fairness and quality of the criminal trial. Therefore, through this course, we will help you
find the answers to all these questions, especially in the context of three forensic
disciplines, which are: medical examination and autopsies, bite mark evidence and
forensic DNA profiling. These forensic disciplines are commonly used to investigate a
variety of criminal offences, such as murder, rape, sexual assault, child abuse, and
armed robberies.
So, these are some of the important aspects that this course will cover about these
forensic disciplines:
First, what are the basic principles of a post-mortem examination?
Second, how should medical examination be conducted in case of suspected sexual
violence?
Third, how are bite marks created and can you use bitemarks to identify a person?
Fourth, what is the process of forensic DNA profiling and can DNA evidence be used to
establish guilt?
We will also help you understand the legal standards and procedures that courts follow
in examining expert forensic evidence. We will explain the problems and complications
with current forms of legal inquiries and how they can be improved. This course is
inspired by Project 39A’s research on forensic science in India and its extensive criminal
defense work. It will offer special insights for legal professionals and law students in
India but is equally relevant for learners from around the world, as it covers many of
the common problems faced in several jurisdictions. We have brought together a
diverse group of scientific and legal experts from different fields with extensive
experience in teaching, practice and research. Along with a series of video lectures, we
have put together written materials, quizzes and activities, to help you understand
these topics better. So, thank you for choosing this course and we hope you find it
engaging and informative!