2.1 This guide addresses legal issues that FSSPs should be aware of and trained about regarding evidence collection, testing, preservation, and documentation. 2.2 This guide also addresses disclosure responsibilities of FSSPs, including the obligation of the prosecution and agencies working with the prosecution in a criminal case to provide information favorable to the accused (the Brady rule).It addresses the required timing of disclosure as well. 2.3 This guide also informs FSSPs of what a subpoena (and subpoena duces tecum) is, and FSSPs responsibilities with respect to subpoenas when they are served with one, or with respect to other requests for documents or testimony from a court, litigant, or third party. 2.4 This guide also addresses confidentiality concerns arising from FSSPs correspondence or conversations with attorneys, litigants, and other parties, as well as the relationship of the FSSP in criminal cases to lawyers for the prosecution and lawyers for the defense. 2.5 The final portions of this guide cover legal issues related to an FSSPs presentation of expert testimony at pretrial hearings and trials. 2.6 This guide represents the consensus views of the Legal Resource Committee (LRC) of the Forensic Science Standards Board (FSSB) of the Organization of Scientific Area Committees (OSAC). The LRC includes judges, prosecutors, defense attorneys, and law professors. 2.7 This guide does not purport to address all legal concerns that might arise with respect to an FSSPs participation in a legal case. It is intended as a guide to the most important and recurring legal concerns that tend to arise in this context, and thus as a guide to legal training for FSSPs.
KeywordsLegal, Education, Forensic Science Service Providers
Educate Forensic Science Providers on legal issues related to their profession
The title and scope are in draft form and are under development within this ASTM Committee.Back to Top
Draft Under Development