A General Review on the Study of Criminal Justice Advancement

The field of forensic science has a wide scope of study so that diverse fields are mixed together. Each filed has different analyzing method and technique, reliability, error rate, etc. Also, experts consists of various occupational groups such as medical scientist, scientist, analyzing specialist, police from forensic science. Although forensic evidence has been used as scientific investigation technique, it is not admitted in court by the reason of lacking reliability of expert statement, procedural legitimacy.
It is time to improve criminal justice system as forensic science has been developing. Forensic science is meaningful in that it raise possibility to discovery truth and reduce the risk of misjudgement. However, if it is not properly used, the risk of misjudgement would be increased and it could be obstacle for proper and legitimate criminal justice. In these reasons, a careful consideration is needed for use of scientific evidences.
To make forensic science more actively used in criminal justice, mutual exchange of investigation experts, experts training and education, and constant studies on new technique are needed.

Securing Reliability of Polygraph Examination Results

Polygraph has been widely using as one of forensic science since 1970.
However, polygraph does not be accepted as a evidence in court because the results could be different according to professionality or question method of the examiner. Moreover, polygraph examination has lots of problems: violation of right to remain silent, relationship with the hearsay rule, the voluntariness of one's confession, etc. Nevertheless, polygraph has been used a lot because it contributes to discover truth.
This study reviewed the concept, historical background, and operation principle of polygraph, real application condition in investigation, expert arrangement, training and education, leading case of polygraph, guideline and subjects of examination, procedure, analyzing methods. Also this study reviewed academic arguments, court cases, preceding researches on accuracy of polygraph examination of Korea and other countries such as United States, Japan.
Polygraph examination has lots of matters to solve. However, it needs to be more actively utilized for the reasons as follows. First, polygraph examination is applied with consent of the person directly involved. Second, polygraph examination plays an important role to discover truth when there are no substantial evidence to support testimony of defendant or victim. Third, foreign countries accepts voluntariness of confession as long as there is consents of testee and the testers do not force confession from the testee. Fourth, the problems of error could be solved through training experts.
To secure the reliability of polygraph examination, this study presents the suggestions as follows.
First, question method and examination procedure, and the condition of examination room should be standardized in the internationally improved manner.
Second, to improve the risk of error, diverse complementary methods should be applied such as behavior analysis, detection with brainwave, voice-stress analysis. Also, various case and technique study and establishment of working group are needed to verify the error.
Third, unified institution for polygraph education should be established to train and educate experts systematically. Special status system for polygraph expert needs to be newly made, and the condition of working should be improved for the specialty.

The improvement of the DNA Identification Act

For the purpose of using forensic evidences in crime investigation and crime prevention, the DNA Identification Act was enacted in January 2010, and started to be enforced in July 2010. (Hereby after "DNA Identification Act") The DNA Identification act legitimizes collecting DNA samples which are forensic evidence and building database further for the purpose of crime investigation, crime prevention and protection of rights and interest of the citizens. This act aims at preventing the second conviction, and would collect DNA samples from confined suspects or convicts and analyze it, while storing the DNA identification data at the database which are managed by the police and prosecution. Consequently, this act expects to arrest criminals in an accurate and effective way based on the DNA identification data which are obtained before.
However, as DNA itself includes a lot of personal information, and this act collects DNA data on the ground of crimes that might happen in the future instead of current crimes, the issues of infringement of personal human rights cannot be neglected. Actually, this was the reason why the DNA Identification Act had to go through legislation process over 15 years. And in June 2011, a constitutional appeal was filed to this act on the ground of infringement of the fundamental rights such as the right of self-determination to the personal information, the right to privacy, and etc.
With this regard, the third section of this report would examine whether the DNA Identification Act remains criminal legitimacy and aims at suggesting improvements of this act based on this examination. First of all, in the first chapter, this paper would examine the process of the DNA database to be established. The process of collecting DNA samples at crime scenes, analyzing, and finally storing in the database would be broadly explained. Next in the second chapter, I would like to explain the process in which the DNA Identification Act was legislated. Subsequently, I would like to present the main content of this act and current status of establishment of the DNA database. In the third chapter, comparative consideration would be dealt through examining DNA related laws and judicial precedents in the UK and Germany, and the current status of DNA database of these countries would be covered as well. Since these two countries each represent the most liberal model and the strictest model in regard with DNA restriction, examining these countries would provide us with proper perspective to consider the legislation in Korea. In the fourth chapter this paper would examine whether the DNA Identification Act would be really needed or not based on the discourse of risk management and efficacy of DNA database, and constitutionality of this act would also be briefly covered. Lastly in the fifth chapter, I would like to cover implication of the DNA Identification Act regarding the criminal policies as well as justification of legislative purpose. Also, in this chapter, improvement would be suggested through examining the content of the act.
In conclusion, the DNA Identification Act has to draw up measures to ensure effectiveness of the legislative purpose. Currently, this act aims at crime investigation and prevention as well as protection of rights and interests of citizens. Most of all, this measure is not proper for crime investigation because it is subjects to restriction of the criminal procedure law which deals with a broad sense of criminal procedure. Next, crime prevention can be seen as narrow sense of crime prevention that only aims at prevention of second conviction. In this regard, this act has to prepare specific standards to uate the risk of second conviction of future criminals, and the list of crimes that have high rates of second conviction has to be confirmed based on objective statistical data. Lastly, for the purpose of protecting rights and interests of people, the range of subjects to collect DNA samples, list of crimes, requirement for a warrant, requirement for deletion of data, measures for DNA database management and etc. which are provided by the DNA Identification act have to be revised.

Improving Korean Medicolegal Death Investigation System

The section IV reviewed Korean medicolegal death investigation system and problems of the system through survey of general public and specialists in the field. Also, the section examined medicolegal death investigation systems of other major countries and the current conditions of forensic science training. Based on these reviews, this study presented rational way of the system for improvement.
Modern welfare state has to make an effort for 'human rights' and 'welfare' in the all the courses of human life. Nation has responsibility for death of citizen and duty to investigate the cause of death. Although the functions of postmortem examination has been expanded, Korean medicolegal death investigation system seems to be less advanced.
The primary problems of the systems are ambiguity of the subjects and lack of the experts. Furthermore, even though the most important evidences are in the scene of accident in investigating the cause of death, it is hard for the experts to participate in the scene because the experts are not sufficient.
Every country have their own medicolegal death investigation systems according to politics, legal system and cultural difference. The Unites States has coroner system and medical examiner system, although some states have hybrid or mixed system. Traditionally, the England and Wales has coroner system, but the Scotland has judicial system in which the procurator fiscal is the subject. The Germany and Japan have similar medicolegal death investigation system as Korea. In Japan, the administrative autopsy is actively performed at the medical examiner offices in major large cities, but judicial or legal autopsy is performed in the department of legal medicine of the medical school(university). The most important characteristics of the medicolegal death systems of the United States, England, Wales, Scotland and Germany except for Japan are that they have lists of what kinds of deaths should be investigated, and the forensic pathologists have the key roles in postmortem examination and autopsy. Although Japan has guideline of “unusual death”, Korea does not have such guideline or any clear definition of "unusual death" in any legal texts.
The education of forensic medicine in the university is the first step for training forensic pathologist and forensic experts. It is the same that forensic pathologists have the key role in postmortem examination and autopsy in the Unites States, England, Wales, Germany and Japan, no matter what medicolegal death investigation they have. Any countries have not stated that they have sufficient number of forensic pathologists. Education for forensic science should be expanded to lawschool, police college(or academy), and College of Public health, not limited only to medical school. The active and great governmental support for the education and training of forensic pathologists are needed to efficiently operate the medicolegal death system not only for the criminal justice system, but also for the prevention of the disease and public safety in Korea.
Based on these implications, improvement plans are as follows.
First, unified law for postmortem examination should be enacted. Newly made Medical Examiner Bill expands the purpose of examination to the postmortem examination of 'unusual death' and clarifies the subjects of the examination. The bill provides that a primary agent of postmortem examination is medical examiner although the subject of death investigation in current provisions is prosecutor. Also, it clarifies the scope, authority, duty, and responsibilities of the examination. However, articles related to medical malpractice and offense of secret divulgence need to be added to the subjects of the examination.
Second, training forensic experts is essential. To training experts, 'Forensic Science Specialist' should be implemented. Also, autopsy work load of National Scientific, Criminal & Investigation Laboratory needs to be deconcentrated to Medical College to train experts in the College.
Last, institutions and budget for postmortem examination should be expanded. Branches of National Scientific, Criminal & Investigation Laboratory have to be additionally built. National Scientific, Criminal & Investigation Laboratory, University Hospitals, and Public Hospitals should be closely connected. Moreover, treatments of medical examiner or experts needs to be improved to come close to the level of common doctors in hospitals.