The Forensic Disclosure Model: What Should be Disclosed To, and By, Forensic Experts?

Forthcoming, International Journal of Law, Crime and Justice

34 Pages Posted: 4 Jun 2019

See all articles by Mohammed Almazrouei

Mohammed Almazrouei

University College London

Itiel Dror

University College London (UCL)

Ruth Morgan

University College London

Date Written: May 16, 2019

Abstract

Legal disclosure issues have predominantly focused upon what evidence the prosecution provided or withheld from the defence. In this paper we expand the concept of disclosure to wider contexts in which disclosure failures may result in miscarriages of justice. We introduce a conceptual model of ‘forensic disclosure’ which addresses what information should be disclosed to forensic examiners, as well as what information should be disclosed by forensic examiners. This paper presents a holistic overview of the dynamic interactions of four categories of stakeholders: forensic services, investigation, legal, and external stakeholders. We discuss the effective implementation of the forensic disclosure model by addressing five questions: when? what? how? who? and why? should information be best given to, and by, forensic examiners in order to increase the quality of forensic decision making and to minimise bias.

Keywords: disclosure, cognitive bias, decision-making, forensic science, scientific evidence

Suggested Citation

Almazrouei, Mohammed and Dror, Itiel and Morgan, Ruth, The Forensic Disclosure Model: What Should be Disclosed To, and By, Forensic Experts? (May 16, 2019). Forthcoming, International Journal of Law, Crime and Justice, Available at SSRN: https://ssrn.com/abstract=3389296 or http://dx.doi.org/10.2139/ssrn.3389296

Mohammed Almazrouei

University College London ( email )

Gower Street
London, WC1E 6BT
United Kingdom

Itiel Dror (Contact Author)

University College London (UCL) ( email )

35 Tavistock Square
London WC1H 9EZ, WC1H 9EZ
United Kingdom

HOME PAGE: http://www.ucl.ac.uk/~ucjtidr/

Ruth Morgan

University College London ( email )

Gower Street
London, WC1E 6BT
United Kingdom

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