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留学生医法学论文

科学和法律因为其获得真相的共同目标而密切相关。他们主要的区别是他们实现目标的方式。法律系统引入了对手听证会,旨在获得公平、公正和社会可接受的结果[1]。与此相反的是，科学实现真理的方式是从经验而来，验证实验以实现目标[1]。科学采用描述性、法律采用规范性的方法来实现主要的目标，正是如此，法律定义了一个机构应该如何,而科学描述了这个机构实际是什么样子 [1]。

在20世纪之前,由于有限的科技资源和专业人士, 科学在法庭上很少涉及。自那时以来,科学和法律之间的关系一直在随着科学技术的快速进步而发展。随着科学在法庭上成为一个以法院的决定为基础的可靠的事实，科学开始在法庭上提出质疑。“人们会撒谎,但证据不会撒谎”使得科学成为法律体系中的一个重要的角色。

Obstacles To The Work Of Forensic Scientists Law Essay

Science and Law are closely related by their common objective of achieving the truth. The main difference is the way they attain it. The legal system introduced the adversary hearing, aiming to get a fair, just and socially acceptable outcome [1]. In contrast, science achieves truths from facts validated from experiments in an empirical sense [1]. Science adopts a descriptive and Law adopts a normative approach in fulfilling the main objective, providing that law defines how a body should be, but science describes what a body actually is[1].

Prior to 20th century, with limited scientific resources and professionals, science was rarely involved in the courtroom. Since then, the close relationship between science and law has been developing with the rapid advancement of scientific technologies. Science starts to be contested in the court with scientific evidences forming a reliable factual basis for courts’ decision. The fact that “People will lie, but evidences won’t lie” places science an important role in the legal system. From the court’s data in 2004-2005, the detection rate in the domestic burglary has increased from 15% to 45% with the involvement of DNA [2], showing that when including the scientific evidences, a higher probability is gained in searching the guilty and exonerating the innocent. Also, scientific practices impact on some legal definition such as embryo and life. The scientific practices are strictly regulated by law.

Forensic Science refers to the application of science in the context of legal issues, providing an answer to a legal question. The close relationship between Law and science are well established in forensics. Forensic Scientists are often required to analyze scientific evidences recovered from the crime scenes, to provide an interpretation of the results obtained from the analysis and present them in the courtroom. Their opinions of facts are to advise the whole court, indicating how science applies in court. In return, the admissibility of the evidences and the practice of forensic scientists are governed by legal rules, showing how law influences science.

2. Obstacles in the work of forensics

The misunderstanding to the reality of forensics by critics has long been established. In the Academics’ point of view, forensic sciences should be one of the academic sciences such as Chemistry or Physics, which can be explained in theory [3]. In reality, forensics is more like a practical approach in fulfilling the needs of the legal system [3]. This big difference between science in book and science in action leads to dispute between the critics and forensics. Together with the introduction of Daubert’s test in 1993, the admissibility of some scientific evidences such as fingerprints is challenged. Some new techniques such as the low copy number profiling of DNA has also been challenged of the lacking of peer-reviewed before it is introduce本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。