The Fallacy of “Forensic
Science”
Copyright
© 2008, BobGod.com
Television programs such
as (but not limited to) “CSI,” “Law and Order,” “NCIS,” “Cold Case,” “Without a Trace,” “Crossing Jordan,”
“Bones,” and “Harvey Birdman, Attorney at Law” would seem to have redefined the meaning of the word “forensics.” These contrived entertainments glorify the
fictitious profession of “Forensic Scientists.”
Forensics, however, is not
a science.
Forensics is the
semantic element of a debate or argument. Certainly scientists are involved in
the gathering and examination of evidence in investigations running the gamut
from the intellectual conjecture of physical anthropology to the solving of
crimes old and new, but what those scientists do is not forensics;
forensics is what lawyers do with the evidence once they get it into a
courtroom – and that goes for the lawyers on both the prosecutive and defensive
sides of the argument!
Why, then, are
television writers, producers, and actors attempting to alter the TeeVee
watching public’s perception of forensics?
As any good debater
knows, it is elemental to any argument to define one’s terms from the outset.
Therefore, the term “forensic” is defined as follows, first by Merriam
Webster's Colligiate Dictionary (Tenth Edition):
“1forensic \fə-’ren(t)-sik, ’ren-zik \ adj [L forensis public, forensic, fr. Forum forum] (1659) 1 : belonging to, used in, or suitable to courts of judicature or to public discussion and debate. 2 : ARGUMENTATIVE, RHETORICAL 3 : relating to or dealing with the application of scientific knowledge to legal problems <~medicine> <~science> <~pathologist> <~experts> - fo·ren·si·cal·ly \ -si-ki-lē, -zi \ adv”
And;
“2forensic n (1814) 1 : an argumentative exercise 2 : pl but sing or pl in constr : the art or study of argumentative discourse”
Secondly, the Arcade
Dictionary of Word Origins describes the etymology of the word “forensic” thus:
“Forensic: “of legal proceedings” (from the Latin forensis ‘of a forum as a place of public discussion’).”
An example of forensics
is the medieval argument that the fact that great cities of commerce in the
tenth century were all and alike located along the courses of rivers was proof
of God’s existence because, in His wisdom, He created a river wherever
humankind constructed a city. No one is going to pretend that any such argument
is the least bit scientific; nor can anyone deny that it is semantically
forensic in nature.
In Webster’s third
definition, forensics deals with the "application of scientific knowledge to
legal problems." Firearm registrations, sales receipts, gunshot residue,
ballistics, fingerprints and DNA have been mainstays of courtroom drama long
enough for any regular watcher of TeeVee selected for jury duty to accept them
with a knowing smirk as irrefutable evidence of a defendant’s guilt or
innocence – depending upon which attorney presents it first, and in what
context. Consider how the “forensic evidence” in the following scenario might
lead to the conviction of an innocent person:
See Dick and Jane?
They’ve been experiencing problems with burglars attempting to enter their
home. Jane goes to a sporting goods shop and buys Dick a gun. Dick takes Jane
out and teaches her to use the gun in case there’s a break-in while he’s not at
home. While Jane is out running an errand, criminals break into the home; a
gloved burglar murders Dick with the gun and flees, leaving the smoking weapon
behind. Jane returns home to find Dick dead, and telephones the police.
A sales receipt proves
Jane purchased a firearm, and the firearm registration confirms that it
belonged to Jane. Jane’s fingerprints are on the gun, she has gunshot residue
on her hands, and ballistics determine that Dick was shot with Jane’s gun. No
one can corroborate Jane’s “alibi” of having been on an errand when Dick was killed. Furthermore, a
jealous ex-girlfriend of Dick’s comes forward as a witness and testifies that,
at a party the previous summer, after Dick had pushed Jane into a swimming
pool, Jane told Dick, “I’ll kill you for that!” A video taken at the party
surfaces and confirms that Jane made the threat.
The prosecuting attorney will present all of this evidence as "scientific forensics," which the jury will have been conditioned by TeeVee to believe in. All of the evidence, however, is still
only evidence; forensics is not scientific, it is merely the argument that the evidence proves Jane
murdered Dick. Does it? Will Jane be convicted of murder and spend twenty years
in prison while the killer goes free? Will her family disown her? Will Dick's family insist on the death penalty?Tune in next week, for more exiting forensic science!
![]() |