Legal and Ethical Considerations in Forensics Flashcards
7 cards from real CFE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal and Ethical Considerations in Forensics flashcards as text
A forensic examiner discovers evidence of a crime unrelated to the original case scope during an examination. What is the most appropriate course of action?
Answer: Immediately notify the client and document the discovery
Forensic examiners have an ethical and often legal duty to report discoveries of evidence of other crimes to the appropriate parties.
Which legal doctrine holds that evidence obtained through illegal means, as well as any evidence derived from it, is inadmissible in court?
Answer: Fruit of the poisonous tree doctrine
The 'fruit of the poisonous tree' doctrine excludes not only illegally obtained evidence but also any secondary evidence derived from it.
When a forensic examiner is retained by the defense in a criminal case, to whom does the examiner owe their primary duty?
Answer: The truth and the court
Regardless of who retains them, forensic examiners owe their primary duty to the truth and the court, not to the party that hired them.
Under Federal Rule of Evidence 702, what must a forensic expert demonstrate before their testimony is admitted?
Answer: That their opinion is based on sufficient facts, reliable methods, and proper application of those methods
FRE 702 requires that expert testimony be grounded in sufficient facts, reliable methodology, and proper application of that methodology to the facts of the case.
A forensic examiner is asked by a client to omit unfavorable findings from a report. The examiner should:
Answer: Refuse and include all findings regardless of their effect on the client's case
Omitting unfavorable findings constitutes a breach of professional ethics and potentially perjury; examiners must report all material findings.
What is the primary purpose of a Daubert hearing in U.S. federal proceedings?
Answer: To allow the judge to assess whether proposed expert testimony meets reliability standards
A Daubert hearing is a pre-trial proceeding where the judge acts as a gatekeeper to evaluate whether an expert's methodology is scientifically reliable.
Which constitutional amendment is most directly implicated when a forensic examiner conducts a search of a suspect's digital devices without a warrant?
Answer: Fourth Amendment
The Fourth Amendment protects against unreasonable searches and seizures, requiring warrants for most digital device searches after Riley v. California (2014).