7 Forensics and ethics

Course Policy, Ethics, and Media

(Forensic Sciences)

Willem Halffman

Overview

• Part 1: values and norms

• Part 2: Organisation of ethics and case

Bolt, Verweij, Van Delden

Ethiek in Praktijk, Van Gorcum 2005

Ethical questions

How should we interact with each other?

e.g.

• To what extent should you be loyal to your employer?

• How far should solidarity with your fellow citizens go?

• What to do when rules, duties, consciousness conflict?

Ethics as perspective

Problems can be perceived from various viewpoints (legal, economic, political)

• problem is not necessarily by itself an ethical problem

• has an ethical angle• there can be disagreement about whether

this angle is relevante.g. Killing animals: moral problem or not?

The ethical subject

Ethics focuses on what people should do, but:1. Non-human actors increasingly carry

value: animals, nature, cultural heritage, future generations

2. Increasing attention for the ethical consequences of things

3. When is a human an wilful subject? insanity, dementia

Characteristics of ethical perspective

1. Evaluate action alternatives in light of norms and values (ought, not is)

2. That are fundamental and valuable in themselves (not recipe)

3. That are considered universally valid

4. Involving all actors related to the issue

Universal and local

Ethics is associated with universal claims: rules, principles with universal validity,

“set in stone”

However:- changes over time- Differences between cultures

e.g. Euthanisia

No clear answers, but there are some footholds

Values

Divergent:

- Christian, e.g. ten commandments

- Social democrat: solidarity

- Liberal: freedom

Well-being, autonomy, justice

Well-being

Often plays a role in bio/medical issues

Do good vs. do not damage

Do not harm others, prevent that you harm others, prevent harm to others, remove damage or harm, improve the well being of others

e.g. care for wild animals

Autonomy

Ability of people to shape their own lives

Medical ethics: allow patients to make their own choices

Requires: information, ability to make choices, room to make choices

Problematic aspects: shift of responsibilities from doctors to patients

Justice

Widely differing ideas (political)Formal equality: treat people equallyBut: there are reasons not to treat people

equallyMaterial equality: acceptable criteria+ worked hard, needs a lot, can afford to pay- race, gender, sexual preference, age,

language

Different kinds of values

• The more the better, e.g. Hapiness

• Immediate obligation, e.g. Prevent murder

• Ideals worth striving for (even though neve archieved), e.g. Animal friendly agricultureVirtues: courage, honesty, wisdom

Three kinds of ethics

1. Ethics of consequenceswhat increases utility for all (knowledge, love, wealth, health, happiness)

2. Deontology: obligations, rulesintentions: principles that could be valid for everybody (Rawls’ trick)

3. Ethics of VirtuesWhat kind of person should I be? (forgiving, generous, compassionate, loving, respectful,…)

The location of ethics

• Individual decisions

• Companies

• Non-commercial organisations

• Professions

• Public debate

• …

The format of ethics

• Decisions

• Ethical codes and guidelines

• Ethical committees

• Ethical training

• Ethics as an ongoing discussion

Ethics of companies

Corporate (social) responsibility, corporate citizenship

E.g.: human rights, poverty, pollution, child obesity, child labour, sustainable development

The idea of business ethics is relatively new

Difficult issues, e.g. cost issues, which values? (multinationals operating in different countries, such as Google’s self-censorship in China)

Tabaksblat

Dutch corporate governance code

(booklet of 70 pages)Art 1.1 “The broad outline of the corporate governance structure of

the company shall be explained in a separate chapter of the annual report, partly by reference to the principles mentioned in this code. In this chapter the company shall indicate expressly to what extent it applies the best practice provisions in this corporate governance code and, if it does not do so, why and to what extent it does not apply them.”

Remuneration, auditing, knowledge of company

Pro and contra corporate ethics

1. Milton Friedman:“The social responsibility of business is to increase

its profits.” (within the law)2. Ethics as an attempt to avoid regulation

1. Ethics sells (branding)2. Future damage claims3. Corporate responsibility enforced by consumerExample: Brent Spar affair

Professional ethics

Specific ethical problems of professions,

Especially those dealing with people, animals

Professional code of ethics: journalists, psychologists, doctors

Hippocratic Oath (Lasange 1964, original Hippocrates 4thC BC)

I swear to fulfil, to the best of my ability and judgment, this covenant:

I will respect the hard-won scientific gains of those physicians in whose steps I walk, and gladly share such knowledge as is mine with those who are to follow.

I will apply, for the benefit of the sick, all measures [that] are required, avoiding those twin traps of overtreatment and therapeutic nihilism.

I will remember that there is art to medicine as well as science, and that warmth, sympathy, and understanding may outweigh the surgeon's knife or the chemist's drug.

I will not be ashamed to say "I know not," nor will I fail to call in my colleagues when the skills of another are needed for a patient's recovery.

I will respect the privacy of my patients, for their problems are not disclosed to me that the world may know. Most especially must I tread with care in matters of life and death. If it is given me to save a life, all thanks. But it may also be within my power to take a life; this awesome responsibility must be faced with great humbleness and awareness of my own frailty. Above all, I must not play at God.

I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose illness may affect the person's family and economic stability. My responsibility includes these related problems, if I am to care adequately for the sick.

I will prevent disease whenever I can, for prevention is preferable to cure.

I will remember that I remain a member of society, with special obligations to all my fellow human beings, those sound of mind and body as well as the infirm.

If I do not violate this oath, may I enjoy life and art, respected while I live and remembered with affection thereafter. May I always act so as to preserve the finest traditions of my calling and may I long experience the joy of healing those who seek my help.

Ethics code American Psychological Association

INTRODUCTION AND APPLICABILITY

PREAMBLE

GENERAL PRINCIPLES

Principle A: Beneficence and NonmaleficencePrinciple B: Fidelity and ResponsibilityPrinciple C: IntegrityPrinciple D: JusticePrinciple E: Respect for People's Rights and Dignity

ETHICAL STANDARDS

1. Resolving Ethical Issues

1.01 Misuse of Psychologists' Work1.02 Conflicts Between Ethics and Law, Regulations,

or Other Governing Legal Authority1.03 Conflicts Between Ethics and Organizational Demands1.04 Informal Resolution of Ethical Violations1.05 Reporting Ethical Violations1.06 Cooperating With Ethics Committees1.07 Improper Complaints1.08 Unfair Discrimination Against Complainants and Respondents

2. Competence

2.01 Boundaries of Competence2.02 Providing Services in Emergencies2.03 Maintaining Competence2.04 Bases for Scientific and Professional Judgments2.05 Delegation of Work to Others2.06 Personal Problems and Conflicts

3. Human Relations

3.01 Unfair Discrimination3.02 Sexual Harassment3.03 Other Harassment3.04 Avoiding Harm

3.05 Multiple Relationships3.06 Conflict of Interest3.07 Third-Party Requests for Services3.08 Exploitative Relationships3.09 Cooperation With Other Professionals3.10 Informed Consent3.11 Psychological Services Delivered To or Through Organizations3.12 Interruption of Psychological Services

4. Privacy And Confidentiality

4.01 Maintaining Confidentiality4.02 Discussing the Limits of Confidentiality4.03 Recording4.04 Minimizing Intrusions on Privacy4.05 Disclosures4.06 Consultations4.07 Use of Confidential Information for Didactic or Other Purposes

5. Advertising and Other Public Statements

5.01 Avoidance of False or Deceptive Statements5.02 Statements by Others5.03 Descriptions of Workshops and Non-Degree-Granting Educational Programs5.04 Media Presentations5.05 Testimonials5.06 In-Person Solicitation

6. Record Keeping and Fees

6.01 Documentation of Professional and Scientific Work and Maintenance of Records6.02 Maintenance, Dissemination, and Disposal of Confidential Records of Professional and Scientific Work6.03 Withholding Records for Nonpayment6.04 Fees and Financial Arrangements6.05 Barter With Clients/Patients6.06 Accuracy in Reports to Payors and Funding Sources6.07 Referrals and Fees ETC. (10 chapters)

Whistleblowers

People who signal irregularities in an organisation/company/profession, typically to the media

Reaction from organisation: leaking, sanctions, bullying, loss opportunities, job loss (possibly even without insurance benefits!)

Assessment procedure:- nature of the problem- Have internal channels been used?- Relevant ethical codes?- Balance positive effect/negative effect of whistleblowingAlternatives: refuse work, resign, accept

Tabaksblat art 11.1.6

The management board shall ensure that employees have the possibility of reporting alleged irregularities of a general, operational and financial nature in the company to the chairman of the management board or to an official designated by him, without jeopardising their legal position. Alleged irregularities concerning the functioning of management board members shall be reported to the chairman of the supervisory board. The arrangements for whistleblowers shall in any event be posted on the company’s website.

Forensics

Very limited

Court testimony:

“De voorzitter doet de deskundige voor de rechtbank verschijnen. Deze doet daarop, op de vragen van de voorzitter opgave omtrent naam, voornaam, leeftijd, beroep, woon- en verblijfplaats zoals hieronder is vermeld, verklaart geen bloed- of aanverwant van de verdachte te zijn en legt vervolgens op de bij de wet voorgeschreven wijze in handen van de voorzitter de belofte af, dat hij zijn taak naar zijn geweten [en naar waarheid] zal vervullen.”

Case

Bob works at a university lab that, among other activities, performs forensic analyses, specialised in chemical analyses of drug traces. One of his colleagues performed an analysis of money (bank notes) that was believed to have been used in a drug deal. The money tested positive for traces of cocaine and this led to a conviction. However, Bob believes that the evidence was misinterpreted, as it is not at all unusual that bank notes contain traces of cocaine. A journalist, who firmly believes that several innocent people are in jail, calls Bob and asks him to comment on this affair. What should Bob do?

Five steps to analyse a moral problem

1. Explore: what problems does this issue raise?

2. Make explicit: question? Options?

3. Analysis: who is involved? Arguments?

4. Evaluation: Weight of arguments?

5. Implementation: Concrete measures?

1. Exploration

What is going on in this case?

• What are the questions?

• Do we seem to need more info?

• What are the emotions this raises?emotions signal issues, but also may obscure

Hence: control emotions, suspend for the analysis

Extra information

University policy: you do not talk to journalists about cases, but refer them to the PR department.

Departmental code: “I will treat confidential information from all cases investigated [by our department] (..) with the utmost care. About these cases I will not talk to third parties.” 

2. Make the question explicit

• What is the question?

Form of the question is important: which questions are a-moral? Is the formulation neutral?

• What are the options for action?

Are all options that are considered relevant included? Are they formulated in neutral terms?

(Is additional information needed?)

3. Analysis

• Who is involved?

What are the different perspectives of those involved? (in order to include all relevant values and norms, which is not interests!)

• What are the relevant arguments?

(even the ones that argue against our preferences)

4. Evaluation

• What is the weight of the arguments?– Are these effects likely to happen?

– Are these arguments solid?

– Which arguments weigh more?

• Prefered options?– Consensus

– Compromise

– Procedural solution

– Deadlock

5. Implementation

Concrete measures to be taken

Who does what (to guarantee that the evaluation is guaranteed)?

Limitations

• Ethics as alternative to law, market, politicsethics can be a way to avoid external control (of profession, companies, organisations)

• Religious preference for ethics?

• Ethics as tragedy, dilemma