Abstract
This chapter discusses contemporary forensic evaluation practices in contemporary Sweden, in the laboratory and at the crime scene. At both sites, forensic practitioners must manage—and communicate—uncertainty. In the forensic laboratory, forensic scientists use a Bayesian approach to evaluate laboratory results, quantifying inescapable uncertainty and thus making it manageable. This approach has recently also been developed and adapted for crime scene technicians to evaluate their findings at crime scenes. This chapter discusses this extension to the crime scene, arguing that qualities such as impartiality and reliability are not inherent to forensic evidence but are the product of particular forensic practices. In other words, this chapter contends that forensic objectivity must be continuously negotiated and maintained—forensic objectivity is not a past concern but very much an ever-present one in criminal justice.
I am deeply grateful to my interlocutors for opening their world and generously giving of their limited time to me, to the Swedish Research Council and the Swedish Foundation for Humanities and Social Sciences for funding this research, and to my Body, Knowledge, Subjectivity colleagues for their invaluable comments.
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Notes
- 1.
C. Kruse, The Social Life of Forensic Evidence, Oakland: University of California Press, 2016.
- 2.
L. Daston, ‘The moral economy of science’, Osiris, 1995, 10: 2–24; L. Daston and P. Galison, Objectivity, New York: Zone Books, 2007.
- 3.
Daston and Galison, Objectivity, p. 17.
- 4.
L. Daston and P. Galison, ‘The image of objectivity’, Representations, 1992, 40: 81–128; italics in original.
- 5.
The NFC describes its responsibilities as forensic science outside of the human body; forensic medicine is performed by The National Board of Forensic Medicine.
- 6.
See Science & Justice, 2017, 57(6).
- 7.
See A. Nordgaard, R. Ansell, W. Drotz and L. Jaeger, ‘Scale of conclusions for the value of evidence’, Law, Probability and Risk, 2012, 11(1): 1–24; C. Kruse, ‘The Bayesian approach to forensic evidence: Evaluating, communicating, and distributing responsibility’, Social Studies of Science, 2013, 43(5): 657–680.
- 8.
The choice of alternative proposition—wide or specific—affects, of course, the likelihood ratio and can be quite controversial.
- 9.
For practices of population, see A. M’charek, ‘Technologies of population: Forensic DNA testing practices and the making of differences and similarities’, Configurations, 2000, 8: 121–158.
- 10.
For more about these evaluations, see Kruse, ‘Bayesian approach’; Kruse Social Life, chapter 4; Nordgaard et al., ‘Scale’.
- 11.
Cf., Daston and Galison, ‘Image’, p. 82ff.
- 12.
L. Daston, Classical Probability in the Enlightenment, Princeton: Princeton University Press, 1988.
- 13.
Cf., T.M. Porter, Trust in Numbers—The Pursuit of Objectivity in Science and Public Life, Princeton: Princeton University Press, 1995; Daston, ‘Moral economy’; Daston and Galison, Objectivity.
- 14.
Daston, ‘Moral economy’, p. 19.
- 15.
Porter, Trust, p. 9.
- 16.
Ibid., pp. 4–5.
- 17.
Daston and Galison, ‘Image’, p. 120.
- 18.
M. Lynch, S.A. Cole, R. McNally and K. Jordan, Truth Machine—The Contentious History of DNA Fingerprinting, Chicago: The University of Chicago Press, 2008, p. 345.
- 19.
B. Latour, Science in Action—How to Follow Scientists and Engineers through Society, Cambridge, MA: Harvard University Press, 1987, p. 4.
- 20.
See also C. Kruse ‘Being a crime scene technician in Sweden’, in I. Gershon (ed.), A World of Work—Imagined Manuals for Real Jobs, Ithaca: Cornell University Press, 2015.
- 21.
See Kruse, Social Life, chapter 5.
- 22.
The point with this close link between laboratory and crime scene, as stressed by the NFC, is to ensure the best forensic evidence and thus the greatest legal security possible. Putting the NFC in charge of crime scene work makes it possible to develop and establish standards for the recovery and transport of traces that enable and support subsequent analysis.
- 23.
The model was introduced at the crime scene technicians’ annual national conference in 2013 and into their basic training in 2015; familiarity with the model may still vary.
- 24.
For the implications of such a professionalization on crime scene technicians’ professional identity as well as their work, see D. Wilson-Kovacs, ‘“Backroom boys”: Occupational dynamics in crime scene examination’, Sociology, 2014, 48(4): 763–779 or C. Kruse ‘Swedish crime scene technicians: Facilitations, epistemic frictions and professionalization from the outside’, Nordic Journal of Criminology 2019, https://doi.org/10.1080/2578983X.2019.1627808.
- 25.
Cf Latour, Science.
- 26.
For example, N. Fenton, ‘Assessing evidence and testing appropriate hypotheses’, Science and Justice, 2014, 54: 502–504.
- 27.
When crime scene technicians are critical of the Bayesian approach itself (as used in the laboratory), they name the lack of databases on which to base the assessment of probabilities and how the evaluation is not transparent to defence attorneys and courts who, consequently, may not understand forensic evidence correctly.
- 28.
Daston and Galison, Objectivity.
- 29.
S.F. Kelty, R. Julian and J. Robertson, ‘Professionalism in crime scene examination: The seven key attributes of top crime scene examiners’, Forensic Science Policy & Management, 2011, 2: 175–186, p. 175.
- 30.
I. Burney and N. Pemberton, Murder and the Making of English CSI, Baltimore: Johns Hopkins University Press, 2016, p. 11ff.
- 31.
Cf., Daston and Galison, ‘Image’.
Bibliography
Burney, I. and Pemberton, N., Murder and the Making of English CSI, Baltimore: Johns Hopkins University Press, 2016.
Daston, L., Classical Probability in the Enlightenment, Princeton: Princeton University Press, 1988.
Daston, L., ‘The moral economy of science’, Osiris, 1995, 10: 2–24.
Daston, L. and Galison, P., ‘The image of objectivity’, Representations, 1992, 40: 81–128.
Daston, L. and Galison, P., Objectivity, New York: Zone Books, 2007.
Fenton, N., ‘Assessing evidence and testing appropriate hypotheses’, Science and Justice, 2014, 54: 502–504.
Kelty, S.F., Julian, R. and Robertson, J., ‘Professionalism in crime scene examination: The seven key attributes of top crime scene examiners’, Forensic Science Policy & Management, 2011, 2: 175–186.
Kruse, C., ‘The Bayesian approach to forensic evidence: Evaluating, communicating, and distributing responsibility’, Social Studies of Science, 2013, 43(5): 657–680.
Kruse, C., ‘Being a crime scene technician in Sweden’, in I. Gershon (ed.), A World of Work—Imagined Manuals for Real Jobs, Ithaca: Cornell University Press, 2015.
Kruse, C., The Social Life of Forensic Evidence, Oakland, University of California Press, 2016.
Kruse, C., ‘Swedish Crime Scene Technicians: Facilitations, Epistemic Frictions and Professionalization from the Outside’, Nordic Journal of Criminology, 2019, DOI: 10.1080/2578983X.2019.1627808.
Latour, B., Science in Action—How to Follow Scientists and Engineers through Society, Cambridge, MA: Harvard University Press, 1987.
Lynch, M., Cole, S.A., McNally, R. and Jordan, K., Truth Machine—The Contentious History of DNA Fingerprinting, Chicago: The University of Chicago Press, 2008.
M’charek, A., ‘Technologies of population: Forensic DNA testing practices and the making of differences and similarities’, Configurations, 2000, 8: 121–158.
Nordgaard, A., Ansell, R., Drotz, W. and Jaeger, L., ‘Scale of conclusions for the value of evidence’, Law, Probability and Risk, 2012, 11(1): 1–24.
Porter, T.M., Trust in Numbers—The Pursuit of Objectivity in Science and Public Life, Princeton: Princeton University Press, 1995.
Wilson-Kovacs, D., ‘“Backroom boys”: Occupational dynamics in crime scene examination’, Sociology, 2014, 48(4): 763–779.
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Kruse, C. (2020). Making Forensic Evaluations: Forensic Objectivity in the Swedish Criminal Justice System. In: Adam, A. (eds) Crime and the Construction of Forensic Objectivity from 1850. Palgrave Histories of Policing, Punishment and Justice. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-28837-2_5
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