The Role of Forensic Studies in the Curriculum of Legal Education
A. Interdisciplinary Approach in Legal Education
With a strong emphasis on interdisciplinary approach to any field of knowledge in the higher educational institutions, sincere efforts have been made in the recent times to integrate various domains of knowledge in academia. Interdisciplinary studies are gradually going to become an integral part of the legal academia, and the same has been highlighted in the National Education Policy, 2020. Legal education, according to the policy, must be globally competitive, adopting best practises and embracing new technology in order to provide greater access to and timely delivery of justice. Simultaneously, it must be governed by constitutional values of social, economic, and political justice, and directed towards nation building through the application of democracy, rule of law, and human rights. In addition to this, the policy also highlights that curricula of legal education must effectively and adequately reflect socio-cultural backgrounds as well as the history of legal thinking, principles of justice and other related subjects in an evidence-based manner.
B. Forensic Science and Legal Education
There is no denying the fact that multidisciplinary legal scholarship is going to be the trend of the future legal education. In fact, such approach has already been initiated through introduction of diverse disciplines in legal studies. Among various inter-disciplinary approaches, the field of forensic science is one of the rapidly developing and expanding areas in both the disciplines of law and medicine. Forensic science reports and expert evidence are becoming increasingly crucial in criminal adjudication. The reliability standards of scientific evidence have been laid down by the judiciary from time to time through various landmark judgments such as Daubert v. Merrell Dow Pharmaceuticals to assess reliability and validity of scientific evidence, which play a crucial role in criminal investigations. During the criminal prosecutions, the lawyers, prosecutors and judges are expected to screen forensic evidence, like any other form of evidence, before admitting the same during a trial. While acknowledging the significance of forensics, it is also important to understand the extent to which the legal education curriculum has integrated such specialized areas or training on scientific methods or evidence in order to facilitate effective delivery of justice. This chapter highlights the importance of integrating forensic science into the curriculum of contemporary legal education with an analysis of various aspects of forensic science which may strengthen the appreciation of forensic evidence in the criminal justice system.
C. Importance of Forensic Science in Criminal Justice System
The recent phenomena of criminal prosecutions do not give a very encouraging picture relating to criminal justice system in India. The ability of a witness to give testimony before the court or to cooperate with the law enforcement agencies without fear of intimidation is essential in maintaining the rule of law. Unfortunately, the country does not have a strong witness protection scheme, as a result of which, credible and trustworthy witnesses to a crime very rarely come forward to depose before the court without being prejudiced. As a result, the investigating agency must look for other ways to increase the quality of the inquiry, which can only be done by gathering scientific evidence. Investigation lays the foundation of a criminal case. Scientific investigation with the aid of forensic science is far more powerful, dependable, and fruitful than the criminal justice system based on eyewitness testimony. The various disciplines within the field of forensic science, including as DNA analysis, ballistics, fingerprint examination, and toxicology, exhibit a higher degree of reliability compared to the testimonies provided by lay witnesses within the criminal justice system. Because of the emergence of new types of crimes and the sophistication of such crimes, it is necessary to advance forensic science in order to detect crimes.
D. Introduction of Digital Forensics & Law in School of Law, The NorthCap University
The function of forensic science in criminal investigations is becoming increasingly important as science and technology develop. Undoubtedly, this initiative represents a significant stride in enhancing the essential quality of impartiality in investigative practises, so increasing the legitimacy of the process and increasing the probability of bringing perpetrators to justice. As far as the contemporary legal system is concerned, judges have had difficulty comprehending the ever-complicated scientific findings. often lack the training and experience in scientific technique, and they frequently struggle to properly grasp the methods used by various forensic science fields as well as the reliability of the forensic science evidence presented in court.
The use of computers in committing crimes have become a common phenomenon and the law enforcement agencies have started using computers to fight against such crimes through digital forensics. Law enforcement agencies are integrating the collection and analysis of digital evidence, also known as digital or cyber forensics, into their infrastructure to combat e-crime and gather pertinent evidence for all types of offenses. In this context, School of Law at the NorthCap University (NCU) has introduced a course on Digital Forensics and Law not only for the law students, but also for the undergraduate engineering students, who are well versed with the technical aspects of Digital Forensics. This is a unique opportunity for law students to be able to grasp the legal aspects of digital forensics in a technical environment with the support of cyber security laboratory located withing the University premises. The Course on Digital Forensics and Law provides students with an in-depth understanding of the legal and technical aspects of digital forensics. Students will explore the technical aspects and legal principles of digital evidence collection, preservation, and analysis, as well as the legal implications of this evidence in various legal settings.
With the focus on forensic science in the newly introduced Criminal Laws to be notified on July 1, 2024, introduction of an elective course on Digital Forensics and Law in the curriculum of Five Year Integrated BBA LL.B (Hons.) Programme in School of Law at NCU, is a very appropriate step towards preparing the future generation of lawyers for a more challenging profession in law.
Authored By
Prof. (Dr.) Archana Sarma
Professor & Head, School of Law,
The NorthCap University, Gurugram
Visit for more details: https://www.ncuindia.edu/school/school-of-law/