Beer Genome Project
SCIENCE AND TECHNOLOGY: ITS RELATIONSHIP WITH THE LAW
SCIENCE AND TECHNOLOGY: ITS RELATIONSHIP WITH THE LAW
The intellectual thought of man from time immemorial, has resulted in the development of science and technology. The principles of science and technology have been developed in response to objects different interest. Science and technology have had a major impact on how we live. Law has sought to regulate the use and abuse of science and the extent of its implementation. The most important question however is whether we are well equipped with the laws regulating the use of these technologies.
The Act issue, Science and Technology is of great relevance today when the courts have become activistas''''y there has been an enormous advance in science and technology. The need for sharpening the techniques used in court of evidence with the help of science and technology can not be denied. At the same time, we must be aware limitations. The limitations of science and law and the need for both to come together to strengthen the court system by legally admissible evidence must be considered.
MEANING AND DEFINITIONS
SCIENCE v
The word "science" comes from the Latin scientia, meaning "knowledge" or "knowledge." According to the New Dictionary Webster's Collegiate, the definition of science is "knowledge attained through study or practice" or "knowledge covering truths general operation of general laws, esp. As obtained and tested through [scientific method and concerned] with the physical world. "
In other words, science refers to a system of acquiring knowledge. This system uses observation and experimentation to describe and explain phenomena natural. The term science also refers to the organized body of knowledge that people have gained using the system. Less formally, the word science often means a systematic field of study or knowledge acquired from it. Perhaps the most general description is that the purpose of science is to produce models useful reality. Most scientific investigations use some form of scientific method. Science as defined above is sometimes called pure science, to differentiate it from applied science, which is the application of research to human needs. Fields of science are commonly classified along two main lines:
-natural sciences, the study of the natural world and
-Social Science, systematic study of human behavior and society.
v TECHNOLOGY
The word "technology" comes from the Greek word Technologia, which means the systematic treatment of an art form or skill or a way to perform a special task using technical processes, methods or knowledge. In other words, the term Technology refers to the application of science, particularly commercial or industrial objects.
v LAW
A rule of conduct established and enforced by the authority, legislation, or custom of a particular community, state or nation. In essence, the law is the tangible and intangible connection that binds individuals to the community. It also defines the responsibilities of individuals to society as much as it defines and protects individual. In short, is a pillar of good governance.
Interrelation SCIENCE AND THE LAW
the high-tech society today, "the forces of the two professions (law and science) to interact in a wide range of cases. Legal disputes involving patents, product liability, environmental liability, regulatory proceedings and criminal proceedings are some of the fields in the interaction. In addition, Law and science find each other in the laboratory through a series of measures regulating intellectual property, lack of research, etc. The determination of the facts agendas of the two disciplines have often begun to overlap, if not merge. Because there is a general lack of understanding of each culture, these interactions often lead to cognitive friction that is both disturbing and costly to society. Scientists are suspicious of lawyers and legal proceedings and would rather not venture into the courtroom. The scientific community believes that its methods and procedures are beyond legal scrutiny and questioning often frustrated lawyers. Lawyers and scientists rarely speak the same language. Each must develop a better understanding of the principles and methods of the profession of the other. " Close the gap between the two cultures is a challenge that this conference seeks to address.
Science and technology have gained access through a search ended open for extended understanding, whose truths are subject to revision. Act, also makes an open-ended search for increased understanding, however, definitive findings of fact required at certain points in time. The meeting of these two disciplines in the room magnifies the differences between the two cultures. Even the search of truth does not serve the same objectives and can not be subject to the same limitations and requirements.
Courts today face complex cases of crimes sophisticated where criminals take care to erase all evidence of their involvement. In such cases, modernized, scientific and highly sophisticated methods to trace the participation of offenders. A report published in The New York Times (August 7, 2008) stated that a new analysis technique, a fingerprint can reveal much more than the identity of a person. You can also identify what the person has been touching: drugs, explosives or poisons, for example. Such a laboratory technique may have wider application in crime investigation. The chemical signature could also help crime investigators trace a fingerprint spot of many overlapping prints if the person had been exposed to a specific substance.
Then there are the serious cases of negligence medical and related liability in the rival parties seek to rely on expert evidence. Even in the field of environmental pollution with toxic substances, there is great difficulty in knowing the danger levels, the degree of actual and latent damage to humans and the environment, and there is uncertainty in the technology acceptance installed by pollution to meet environmental standards. In some civil cases in handwriting, forgery, or paternity issues are involved there extensive use of scientific techniques. The courts are thus dependent, and in fact, obliged to consider the evidence of the experts examined each side. There again the difficulty to evaluate the conflicting expert evidence presented by the contending parties in an adversarial court process. However, no one can deny that the expert witnesses hired by the parties are often partisan. In such cases, the technique of "Hot tubbing" should be accepted. The Australians discovered the technique of "Hot tubbing" to improve the expert evidence. In this procedure, also called concurrent evidence, the parties still choose the experts, but that bear witness in the trial-together to discuss the case, asking each question, responding to questions from the judge and the lawyers, finding common ground and sharpening the outstanding issues. According to law professor UCLA Jennifer Mnookin, "" Hot tubbing is much more interesting than neutral experts. "
EVOLUTION TO And the recent trend DATE
In this age of genomics, prevention of crime and sentence to the following questions need special attention:
- Is the legal profession ready for this new information?
- How do these techniques to benefit the administration of justice system?
- Is our society prepared for the impact of genomics brings to every facet of our lives?
- It is our society struggling with ethical and social issues posed by the new biology, such as human cloning, the use of animals in biomedical research, etc?
- With the rapid progress of science, the laws in their present form really able to deliver justice efficiently or is a rethink in the way of new laws or amendments to the Current laws necessary?
Before any major changes can take place, all parties must sit together and find the answers to these unresolved issues. This contact was missing in India became a reality when the first conference of this kind took place. This conference, was Chairman of who 'the former President of India, Dr. APJ Abdul Kalam was in Hyderabad la''Declaración based on Impact of New Biology on the provision of the justice system.'' These discussions of the law were co-organized by the DNA Diagnostics Center and fingerprints (CDFD) and NALSAR University of law. The discussion was attended by the Judges of the Supreme Court and High Courts, representatives of various committees such as the Law Commission and the Human Rights Commission, the Directors of the National School of Law and other legal luminaries, lawyers, scientists, physicians, bio-industrial, NGO ' police investigators, journalists and a couple of participants from abroad. Among other things, the meeting stressed the following:
- Establishing a Human Genetics Commission to provide technical and strategic advice about current and emerging issues in human genetics and a consultation mechanism for the National Genetics oh development of policies and guidelines in this area;
- Establish a committee Ethics to assess ethical, legal and social issues raised by human genome research and the use of DNA databases;
- To define by law the status of human embryo for research on embryonic cells is under the legal control and regulation;
- To devise a mechanism to establish links with the International Community to resolve disputes new problems in biology again;
- To appropriate to amend the Patent Act to achieve a fair balance between public and private interests in the case of patents that assert property rights on genetic material.
IMPACT OF SCIENTIFIC RESEARCH
Science is a weapon attractive and dominant in the arsenal of the administration of justice. Forensic Science is a science in relation to the law. In particular, serves as the branch, which is mainly used in criminal investigation and the conclusions of which can lead to arrests and convictions. Undoubtedly, scientific research to generate evidence for victims and against the defendants. Forensic Science in the delivery of aid to the identity of the offender or a defendant who willingly or unwillingly, in most cases, leaves the mark of his crime, which makes the researcher's work much easier to prove guilt with the help of Forensic Science.
Forensic Science provides the scientific study of crime investigation. Growth, development and use of Forensic Science in the detection of crime in developed countries countries are enormous and growing with new techniques. The area of Forensic Science in India has not been adequately studied, since it should have been even more so when average acquittal rate is alarmingly high. Therefore, in our country, too, the need and importance of Forensic Sciences hardly needs any emphasis. The lack of understanding and appreciation of the importance of specialists in general, by non-specialists in all fields, can not be denied. The field of forensic science is no exception. Often, neither the judge nor a lawyer, not even the police appreciate the potential gains or wide, with the promise of science and fusion new technologies, methodologies, procedures and research. Multitasking and multi-professional nature of the forensic science needs an inter-professional which is often lacking. Therefore, sincere and serious efforts must be made to eliminate personal bias and professional staff and professionals involved.
Forensic Science in criminal investigation and trial is primarily concerned with materials and indirect channels through materials, with the men, places and time. Covers all branches of science and applies for the purposes of the law. The scientific examination of Forensic Scientists adjoins or strengthen a weak missing link in a chain of research.
Systematic use of Forensic Sciences substantial assistance to answer the following questions:
(I) How was the crime?
(Ii) When was the crime?
(Iii) Who committed the crime?
Law enforcement agencies refer to the forensic experts to help solve mysterious things about human life and therefore, provide support and useful contribution to the courts criminal in the way of seeking truth in criminal trials. Forensic science deals with various aspects, including routine post-mortem to the sophisticated monitoring work such as DNA analysis.
Unfortunately, the techniques and methodology with the necessary materials widely used in Western countries been unable to click in India due to a variety of reasons, the main one being the huge financial investment. This science is also sometimes useful in finding of truth in some civil cases.
The prosecution asked mainly forensic scientists as expert witnesses. The practice of the defense or production Forensic Science Consulting courts in their own experts to be included is not very fashionable. In fact, there is an urgent need to bridge the communication gap that exists currently among lawyers, judges and forensic scientists. Independent analysis and evaluation of data from the scientist 'and any subsequent testimony that may follow again depends on the judges,''familiarity and understanding of the principles of Forensic Sciences.
DNA testing in countries Western and the image is used extensively. In a country like ours, the need for such testing and the profile can hardly be emphasized. In many developed countries, DNA testing, genetic analysis techniques and "racmization" – tests based on the systematic examination of the teeth and bite marks has proved very useful. "Racmization" technique is currently used in Japan and Germany. It has potential to replace the traditional method took into account rash and / or fusion sequence and the fall of the teeth. A fusion of this knowledge of Forensic Sciences and the newly developed techniques that undoubtedly not only provide a proper perspective and dimensions, but also lead to the detection of crime, and be a great help in the search for truth. It will be useful in the prevention and control of crime and provide required assistance to parties in civil litigation, as well.
IMPACT OF SCIENCE IN THE SYSTEM DELIVERY OF JUSTICE
common view is that Indian justice delivery system is slow. However, the main issue is the main problem with the system of administration of indigenous justice? The key question is, what justice is being implemented at all in most Where? If a machine is flawed and makes bad products, so if one speeds up the machine, which will deliver more of the products of poor quality. Therefore, if we want to accelerate failure of the justice system, are simply throwing up over injustice. Is that the goal of any system of administration of justice?
In the words of Justice Shayamal Kumar Sen, "The investigation process must be accelerated, otherwise the criminal justice system will suffer."
Justice Sen urged that research and development must be initiated in a way that ensures that crime at the grassroots level is detected immediately and a management system should be effective.
According to MP Singh, vice-chancellor, West Bengal National University of Juridical Sciences, new techniques be applied which will help in the detection of crime and the infrastructure must be developed in a way that will not only give impetus to the effective delivery system criminal but also accelerate the long process of research.
IMPACT OF SCIENCE ON COURT AND COURT PROCESSES
Science is not new in the Indian courts. Towards the end of 1989, a low-end equipment has been installed in the Supreme Court of India to match warning. Immediately afterwards, in 1990, GC Bharuka Justice, sitting as a Judge of the Patna High Court began the process of computerization of the courts. In transfer to Karnataka in 1994, undertook to introduce the ICT (Information and Communucation) in the judiciary throughout the state of Karnataka.
Currently all courts until the Taluka level are computerized. All judicial officers and court personnel are trained. There is automation complete presentation of a case for granting a certificate copy. Digital production of prisoners awaiting trial by video becomes possible. Through web page, causelists of the Supreme Court of India, the high courts, district courts and courts of various available online, a day earlier.
GRAY AREAS OF SCIENCE AND LAW
v space legislation
In short, space law is a part of international jurisprudence on outer space. Follow the normal practice in defining outer space, the region of 100 km from the surface of the earth '.
With the advance of science and technology, things previously considered impossible are now possible and increasingly fashionable even. No, some six decades ago would have thought of going into space, let alone get married in space. Thanks to science, this has become a reality. For $ 2.3 million, a person can cement bonds of 62 miles up. The Japanese company First Advantage, along with former X-Prize contender Rocketplane Global, has come together to offer weddings in space.
According to a LiveScience article, Rocketplane Global "He is developing the XP Spaceplane private suborbital spaceflight. The four-seat spacecraft is scheduled to be the size of a fighter jet and transport of two jet engines and a rocket engine to reach space. "
In addition to shelling out $ 2,300,000, a person has to undergo four days worth "of training for one hour ceremony. Training includes safety procedures, maneuvers without weight, and to explain to one family 'is why we were not invited.
Not only that, Sapporo Breweries, the Japanese brewer established in 1876, is brewing barley descended from seeds that spent five months on the International Space Station (ISS).
According to a CNN article, "The project is part of biological studies of plant adaptability to environmental changes and the impact of stress, such as space travel. "
If successful, the study will bring the world one step closer to the crops in space. Also, fortunately, this time, scientists can not tell the difference between the grains of the ISS and barley grown.
However, with the aim of the activities commercial space to grow, there must be an attractive legal framework. Unfortunately the existing space law consists mainly of some intergovernmental treaties that are quite inappropriate for business.
The space is just another place where human beings to live. Moreover, because space is almost unlimited human beings will live there in large numbers in the future. In other words, will become a completely new habitat. Today most activities in space are the government because to get to and from the space is so expensive. Once travel from orbit is quite cheap, and on earth, individuals, private companies and organizations will in most activities in space. In that space of time activities will involve almost every industry, whether catering and beverage, fashion and entertainment, or the law.
An attractive legal framework is necessary for companies to plan operating passenger services and order required for vehicles and for vehicle manufacturers to complete design details and increase the investment they need to put into production vehicles.
Sovereignty over outer space is another contentious issue to be resolved.
CYBER LAWS AND JUDICIAL ISSUES
With the advent of Internet, a whole new category of crime that includes fraud, theft and data services, copyright infringement, the destruction of data through computer sabotage (viruses) and the acts that cause discomfort agencies, including sensitive functions, secret or confidential information submitted. The possibilities of using the web as a forum for the publication of defamatory multiple has increased and there is a need for a clear and coherent legislation in this field.
Hacking time theft (stealing time else ' someone on the Internet) pornography, emailing threatening, libelous e-mail, hacking email, email bombs, etc are the main areas of cybercrime.
People who commit cyber crimes are mostly those who have jobs white collar, unlike common criminals. Even children can be high school. The territory that cybercrime can cover more than is immense. You can go over continents
The principles governing the exercise of criminal jurisdiction is based on the assumption that the "crime" is a territorial phenomenon. The cyber crime problem makes these principles in different ways and to varying degrees. Unlike real-world crime, is not physically grounded, but increasingly tends not to happen in a sovereign territory, and unique.
The author of a cyber crime can be physically in country A, while his victim is in country B, or their victims are in Countries B, C and D and so on. The perpetrator may be complicated by issues of routing his attack on the victim in the country B through computers in countries F and G. The result of these and other scenarios cyber crime is that cybercrime is not committed "in" the territory of a sovereign state, and only, but "bits" of cybercrime occur in territory claimed by several different sovereigns.
Cyber crime is a prime example of the crime border, and thus raises the question of jurisdiction. This is a sensitive issue. Facts on the Internet that are legal in the state that start can be illegal in other states, even though the act is not directed specifically to that state. Jurisdiction conflicts abound, both negative (no state claims jurisdiction) and positive (several states claim jurisdiction, at the same time.) Above all, it is unclear what constitutes jurisdiction: is the site of the act, the author's country of residence, location the effect, or the nationality of the owner of the computer that is under attack? Or all at once? It is that countries very differently on this issue. The statutes cyber crime in many countries have different and conflicting jurisdiction clauses. Because the Internet enables transactions between people of different jurisdictions, an international agreement (which was crystallized at a convention later) is required of legislation. However, to achieve a uniform law, rules adopted by various jurisdictions around the world and the balance point adopted by them must be taken into account.
Jurisdiction is a highly debatable issue as to the maintainability of any suit has been filed. Today, his arms growing territorial limits cyberspace seems to vanish so the concept of territorial jurisdiction as provided in Section 16 of CPC and IPC S.2.of must give way to another method of dispute resolution.
In addressing the issues of problems by cyber-crime, Mr. Corell noted that the scope of international cooperation is constrained by international agreements and national legislation of the State from which information was requested. There are also different priorities between countries developed and developing countries. These differences complicate international cooperation and widen the gap between the two groups.
There is no development comprehensive authority and the principle of universal jurisdiction over cybercrime, he said. There are different opinions about the crimes that constitute crimes under international law International subject to universal jurisdiction. There are also different opinions regarding the importance of the obligation to prosecute or extradite, contained in various treaties, as evidence of universal jurisdiction. Whether the States are not only allowed but also required to exercise jurisdiction with respect to crimes under international law, is also subject to different opinions.
CONCLUSION
The magnetism of science has always captivated members of the legal profession. People look to science to rescue the experience of uncertainty and discomfort of difficult legal decisions, and are constantly disappointed.
The notion of what constitutes science and what is needed to make the law more scientific varies across time. What does not change is our constant return to the well. We are constantly seduced into believing that some science, offers a response to the legal dilemmas, and we are constantly disappointed.
In the words of Senior Advocate KTS Tulsi – "No doubt that [science] is going to overtake the implementing agencies of the law by the storm. No one be able to avoid it. It's like standing on the shore and calling on the waves not coming. What is needed is a proper debate on the real value of science] [and if integrated into the overall picture and use it could be done by the researchers. "
REFERENCES
v BOOKS AND ARTICLES
- A Convergence of Science and Law. A summary report of the First Meeting of the Science, Technology and Law Group: National Research Council.
- Science and Law Blog: August 8, 2008. Traces dactilares''Huellas chemistry?
- Science and Law Blog: August 11, 2008. "Hot tubbing": old wine in new bottles for expert witnesses.
- The New York Times: August 7, 2008, Kenneth Chang.
- Law, science and technology Collaboration: Justice M. Jugannadha Rao-President Law Commission of India.
- Kolkata Newsline, Thursday, February 1, 2007.
- A profile forensic science in the legal way: Justice Jitendra N. Bhatt.
- Do the laws of space should be modified? S Bhatt
- Area weddings. I do. I really do. Pinchefsky Carol, on July 7, 2008.
- Tara Blake Garfinkel, jurisdiction over crimes of Communication: Can be driven to Another system is cutting the country to make a statement defamation over the Internet? A comparison of U.S. and English Law, 9 Transnat'l Law 489, 492
- Bryan P. Werley, Aussie Rules: Universal Jurisdiction over Internet Defamation, 18 Temp. INTL & Comp. LJ 199, 219
- Paragraph 1.16 of the British Law Commission report on defamation and the Internet, before (accessed August 7, 2004
- 1996 U.S. Dist LEXIS 8435 (SDNY June 19, 1996), quoted by R. Matan: The Law on Computers and the Internet, p. 2 (New Delhi: Butterworths, 2000). In this case, the defendant was an Italian who was using an Italian server, created a website under the name "Playmen." The court had issued earlier a permanent injunction against the defendant to use that name on any magazine sold, published or distributed in the U.S.. The court agreed that the page could not order web close as tantamount to saying that all the world courts had jurisdiction over all information providers on the Internet
- Age information, the time for cyber cops experienced. Uma Karve. October 5, 2002.
- Learn the law, Indian Express. Karina Sudarsan
- Beware! Cyber criminals lurk, Navhind Times, March 17, 2002, by Shaikh Jamaluddin.
- 10 Myths of Electronic Security, Border Banking September 2002, Rohas Nagpal, Asian School of Cyber Laws.
- I''ll be watching you! Times of India, December 19, 2002, Zahra Khan, Red Times News.
- Approaches to Cybercrime Jurisdiction; Susan W. Brenner University of Dayton – School of Law, Bert-Jaap Koops Tilburg University – Faculty Law (TILT).
- Fronteras''Delito Challenge Cibernético''a international efforts to combat organized crime transnational discussed in the symposium, 14 December 2000.
- Justice Towards fast, cheap, transparent and accountable; Bharuka Justice GC, 04 November 2007.
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