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  The Regulation of Forensic Science (RDF17/LAW/MCCARTNEY)


   Faculty of Business and Law

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  Prof C McCartney  No more applications being accepted  Competition Funded PhD Project (Students Worldwide)

About the Project

Whether adversarial or inquisitorial in nature, every criminal justice system requires forensic evidence to be based upon appropriate scientific techniques and undertaken according to the highest standards. This is essential for ensuring: the fairness of investigations and trials; the rectitude of verdicts; and the maintenance of public confidence. Yet regulation in the forensic science sector still relies heavily upon the persuasive power of soft law, rules with no legally binding force but which are meant to influence conduct. The latest government proposal is to provide the UK Forensic Regulator with statutory powers, a move that has long been mooted but remains controversial. At the European policy level, there are decisions, resolutions and recommendations, but these remain without much force, and ENFSI (European Network of Forensic Science Institutes) have been unable to enforce their requirement that all member laboratories are accredited. Without consistently high quality forensic science, authorities run the risk not only of miscarriages of justice, but a catastrophic loss of public confidence in the criminal justice system. If the reliability of forensic evidence cannot be ascertained effectively by law enforcement authorities prior to their reliance upon it, it makes even more problematic the extension of evidence exchange under the European Evidence Warrant, to forensic techniques that are precariously positioned in terms of their scientific status and reliability, such as tool-mark analysis, ballistics evidence and fire investigation reports.

This PhD should question the current regulatory regime. The current perspective of looking at regulation through a ‘risk management’ lens transplanted from other regulatory regimes, may not prove sufficient. An inter-disciplinary approach is required. Therefore, a good knowledge of both law and research design, particularly with quantitative analysis, is desirable and we encourage in particular those candidates with a degree and/or interest in science and ethics, criminology or criminal justice studies, as well as law, to apply.

Eligibility and How to Apply
Please note eligibility requirement:
• Academic excellence of the proposed student i.e. 2:1 (or equivalent GPA from non-UK universities [preference for 1st class honours]); or a Masters (preference for Merit or above); or APEL evidence of substantial practitioner achievement.
• Appropriate IELTS score, if required (evidence required by 1 August 2017).

For further details of how to apply, entry requirements and the application form, see
https://www.northumbria.ac.uk/research/postgraduate-research-degrees/how-to-apply/

Please ensure you quote the advert reference above on your application form.
Deadline for applications: 20 January 2017
Start Date: 2 October 2017

Northumbria University is an equal opportunities provider and in welcoming applications for studentships from all sectors of the community we strongly encourage applications from women and under-represented groups.

Funding Notes

This project is being considered for funding in competition with other projects, through one of two types of funding packages available:
• Fully funded studentships include a full stipend, paid for three years at RCUK rates for 2017/18 (this is yet to be set, in 2016/17 this is £14,296 pa) and fees (Home/EU £4,350 / International £13,000 / International Lab-based £16,000), and are available to applicants worldwide.
• As Northumbria celebrates its 25th anniversary as a University and in line with our international outlook, some projects may also be offered to students from outside of the EU supported by a half-fee reduction.

References

'Trust and the International Exchange of Forensic Information’ in Hufnagel & McCartney (eds), Trust in International Police and Justice Cooperation (Hart Publishing, 2017).

‘DNA and Identification’ in Maguire, M. & T.J. Holt (eds) Handbook of Technology, Crime and Justice (Routledge, December 2016)

‘Building Institutions to Address Miscarriages of Justice in England and Wales: Mission Accomplished?’ with S. Roberts, (2013) University of Cincinnati Law Review: 80(4), Article 13.

‘Of Weighty Reasons and Indiscriminate Blankets: The Retention of DNA for Forensic Purposes.’ (2012) Howard Journal of Criminal Justice 51 (3) 245–260.

‘Transnational exchange of forensic DNA: viability, legitimacy, and acceptability.’ With R. Williams and T.Wilson, (2011) European Journal of Criminal Justice Research and Policy 17 (4) 305-322.

‘Forensic Science, Judicial Gatekeeping, and Wrongful Convictions’ (2014) in G. Bruinsma and D. Weisburd (eds) Encyclopedia of Criminology and Criminal Justice, New York: Springer Verlag

Forensic Identification and Criminal Justice: Forensic Science, Justice and Risk (Willan Publishing: Cullompton, 2006).

Where will I study?