A cultural change to enable improved decision-making in forensic science: A six phased approach

There has been an increased engagement by researchers in understanding the decision-making processes that occur within forensic science. There is a rapidly growing evidence base underpinning our understanding of decision-making and human factors and this body of work is the foundation for achieving truly improved decision-making in forensic science. Such an endeavour is necessary to minimise the misinterpretation of scientific evidence and maximize the effectiveness of crime reconstruction approaches and their application within the criminal justice system. This paper proposes and outlines a novel six phased approach for how a broadening and deepening knowledge of decision-making in forensic science can be articulated and incorporated into the spheres of research, practice, education, and policy making within forensic science specifically, and the criminal justice system more generally. Phases 1 and 2 set out the importance of systematic examination of the decisions which play a role throughout forensic reconstruction and legal processes. Phase 3 focuses on how these decisions can, and should, be studied to understand the underlying mechanisms and contribute to reducing the occurrence of misleading decisions. Phase 4 highlights the ways in which the results and implications of this research should be communicated to the forensic community and wider criminal justice system. Lastly, the way in which the forensic science domain can move forwards in managing the challenges of human decision-making and create and embed a culture of acceptance and transparency in research, practice and education (learning and training) are presented in phases 5 and 6. A consideration of all 6 connected phases offers a pathway for a holistic approach to improving the transparency and reproducibility of decision making within forensic science.     

Procedural Justice and Dutch Victim Policy

This paper opens with a brief discussion of the traditional role of the victim in the criminal justice system and the changes which have been made in the Netherlands in order to improve the position of victims of crime. In addition, the author discusses the arguments put forward by policymakers and examines the implementation of victim policy. Next, procedural justice is introduced as a theory from which one could consider the possible impact of victims' experiences in the criminal justice system on their relationship with the justice system. The author goes on to present research which examines the impact of procedural justice on victims' attitudes towards legal authorities. The paper closes with a discussion of the importance of procedural justice issues for criminal justice policymakers and legal practitioners.     

A model process for forensic mental health screening and evaluation

This article describes an operational definition and a model process for forensic mental health examinations developed on the bases of field research, reviews of literature and other documentary materials, and a survey of forensic mental health programs. Forensic mental health screening and evaluation is defined as the process conducted by mental health personnel, at the direction of criminal justice authorities, for the purposes of delineating, acquiring, and providing information about the mental condition of client-offenders that is useful in decision making in the criminal justice system. The proposed model encompasses 14 pragmatically oriented steps within three major structural components of the examination process—delineation, acquisition, and provision—in a manner that places the entire process in the functional context of the criminal justice and mental health systems. The definition and model are aimed at practitioners, program evaluators, and policy makers to be used as a starting point for the establishment of standards against which the practices and policies relating to forensic mental health screening and evaluation can be compared and improved.The preparation of this article was supported in part by a grant (No. 79-NI-AX-0070) by the National Institute of Justice. The views expressed are those of the author and do not necessarily reflect the positions of the National Institute of Justice or the National Center for State Courts. The author thanks his colleagues for their assistance and advice during the study upon which this article is based, as well their critical reviews of earlier documents related to this work. The comments and suggestions of Amiran Elwork and an anonymous reviewer are also gratefully acknowledged.     

The role of DNA in criminal indictments in Israel

In their investigations of criminal cases, law enforcement agencies rely heavily on forensic evidence. Numerous studies have examined the scientific and technological advancements of DNA testing, but little evidence exists on how the availability of DNA evidence influences prosecutors' decisions to move cases forward in the criminal justice system. We created a new database by juxtaposing data from the Forensics Division of the Israel Police, which recorded the presence (or not) of DNA profiles in criminal cases (n = 9862), and data on the indictment decision for each case (2008–2019). Rates of indictments are computed for each case, and trend lines are used to present variations in the rates of indictment decisions with and without DNA profiles. Approximately 15% of all criminal cases without DNA presented to the prosecutor's office are subsequently prosecuted, compared with nearly 55% of cases with DNA profiles. The presence of DNA evidence influences the prosecutor's decision to move a case forward in the criminal justice system. Utilizing a scientific approach to prosecute offenders is a welcome development; however, DNA evidence is not infallible, and caution must be exercised in regard to DNA's overuse in the legal system.     

Interdisciplinary approaches to the teaching of forensic science in the Forensic Science Undergraduate Program of the National Autonomous University of Mexico,before and after COVID-19

In 2013, the Forensic Science Undergraduate Program (FSUP) at the National Autonomous University of Mexico was created in response to an alarming criminal situation in Mexico, as well as to the radical reform of its criminal justice system. Its mission is to educate and train ethical, critical, and humanistic forensic scientists capable of conducting inquiries that meet scientific quality standards and assist the justice system in firmly linking legal rulings to the available evidence. At the time, it was the first such program in the country, and the contributions that interdisciplinary forensic scientists could make to criminal investigations were largely unknown among forensic and legal practitioners. During its existence, providing an interdisciplinary, competence-based education to students has been one of the main challenges. To overcome it, teaching and assessment approaches—centered on the achievement of specifically forensic competencies as learning outcomes and the integration of forensic disciplines towards the resolution of simulated cases—have been devised to help develop the professional skill set expected of graduates. The COVID-19 pandemic led to adapting these approaches to distance or hybrid modes of learning, increasing their versatility and enriching the pedagogic repertoire of the FSUP. Currently, the main impact of the program lies in the successful incorporation of some of its graduates to agencies belonging to or related to the criminal justice system, such as the National Prosecutor’s Office, the Commission for Truth and Justice for the Ayotzinapa Case, and the National Commission for the Search of Missing and Disappeared Persons, among others.     

Training of legal professionals in DNA evidence

The South African Criminal Legal System is based on Roman Dutch law. Court proceedings are led by a single presiding officer of the court. Prosecutors and defence advocates present the court with evidence in an adversarial manner. This system has inherent advantages and disadvantages and therefore the training of legal professionals in handling DNA evidence in court is important. The prosecutors resort under the National Prosecuting Authority and the defence advocates act independently or e.g. under the auspices of Legal Aid South Africa.Education curricula of legal professional do not include forensic science evidence. Principles such as evidential value in the forensic context are not addressed. Training of legal professionals with our Essential DNA Evidence™ Course has been a multiplier of forensic science knowledge in the legal profession in South Africa. We present prosecution and defence perspectives in an unbiased manner, compensating for the possible subjective interpretations of evidence that may be presented in court. Forensic evidence is subsequently carefully evaluated prior to being court presentation thus improving court efficiency, and allowing for a more focussed approach to the presentation of evidence. Approaches to the customisation of course content that adds value has been identified via evaluation of training programmes.Experience has shown that legal professionals have the ability to incorporate relatively complex scientific concepts into their legal arguments if provided with the appropriate training opportunity. Appropriate training in DNA evidence has made the court process more effective, both in terms of time and costs, and ultimately serves justice.     

The interaction of criminal procedure and outcome

Procedural quality is an important aspect of crime victims' experiences in criminal proceedings and consists of different dimensions. Two of these dimensions are procedural justice (voice) and interpersonal justice (respectful treatment). Social psychological research has suggested that both voice and respectful treatment are moderated by the impact of outcomes of justice procedures on individuals' reactions. To add to this research, we extend this assertion to the criminal justice context, examining the interaction between the assessment of procedural quality and outcome favorability with victim's trust in the legal system and self-esteem. Hierarchical regression analyses reveal that voice, respectful treatment and outcome favorability are predictive of trust in the legal system and self-esteem. Further investigation reveals that being treated with respect is only related to trust in the legal system when outcome favorability is high.     

The forensic examination of structural fires in Victoria,Australia: Decision-making processes and impact on judicial outcomes

There is a body of published research that has evaluated the contribution of forensic science to the criminal justice system, but many disciplines of forensic science remain unexplored in this regard. The aim of this study was to examine the contribution that forensic fire examination services provide to criminal investigations and court processes in arson cases. Forensic fire examination services differ in a number of ways to the disciplines covered in previous research on the impact of forensic evidence on justice outcomes. Forensic fire examinations involve a combination of scene examination and laboratory analyses, and the results can provide critical evidence of whether an incident that has occurred is a criminal offence (i.e. whether a fire has occurred as the result of an act of arson). Forensic fire examination is also a discipline that has faced challenges and undergone development in recent decades regarding its scientific basis and the issue of contextual bias. In this study, data were collated for 273 structural fires that were examined by the forensic fire services in Victoria, Australia. In this jurisdiction, scene and laboratory forensic services are delivered within short time frames with a focus on providing impartial scientific and investigative services to assist criminal investigations conducted by police. The current dataset was highly skewed in terms of criminal justice outcomes and was not suitable for conducting the planned statistical analyses. Nonetheless, the pattern of findings obtained suggested that the inclusion of forensic evidence which supported the prosecution of arson may be associated with an increased likelihood of suspects being charged and defendants found guilty. Examination of the decision-making process of the forensic fire examiners has provided insight into the variety of evidence that is considered by forensic experts in reaching the important conclusion about the origin and cause of structural fires.     

对邱兴华杀人案的司法鉴定学反思

关于邱兴华杀人案（下称邱案）的各种学术讨论和争论似乎已经不少，但查阅文献发现，有关邱案的文章，分别是从刑事诉讼法学、刑事证据学、刑事心理学、精神医学角度，法制新闻学以及从人权保护，法治进步等角度对该案进行解读。然而既然这是一个涉及司法鉴定的个案（虽然实际上并没有进行任何实质性鉴定活动），那么从司法鉴定学的角度对与该案有关的几个最基本的问题进行理论阐述，或许能有些许不同的作用。这几个问题包括：精神病概念的辨析，是否患病与是否需要接受刑事处罚之间是什么关系，何时需要启动司法精神医学鉴定？应如何配置我国刑事诉讼中的司法精神医学鉴定启动模式？     

Scientific standards for studies in forensic genetics

Forensic molecular genetics has evolved from a rapidly developing field with changing technologies into a highly recognized and generally accepted forensic science, leading to the establishment of national DNA databases with DNA profiles from suspects and convicted offenders. DNA evidence has taken a central role by carrying a significant weight for convictions, as well as by excluding innocent suspects early on in a criminal investigation. Due to this impact on the criminal justice system, guidelines for research in forensic genetics have been introduced already since many years. The most important issues regarding the selection and definition of typing systems both for paternity testing and for forensic identification, the criteria for technical and biostatistical validation, as well as the use of mitochondrial DNA analysis are summarized and discussed.     

Sex/gender‐based decision‐making in the criminal justice system as a possible (additional) explanation for the underrepresentation of women in official criminal statistics — a review of international literature

This article represents an analysis of the literature on sex‐based selection processes in the criminal justice system. It is only since the feminist wave of the sixties that sexual discrimination has been considered as an issue of importance in the study of the criminal justice system and that female criminality has been looked at more thoroughly. The article deals with the different assumptions and hypotheses which have come forward in the debate on the possible discrimination of men and women in the criminal justice process. In the first part of the article the various theoretical models are outlined: the chivalry and evil women hypotheses, the legal or etiological model, the social control theory, the family‐based justice model, and a multifactoral model. In the second part of the article, the results of empirical research relevant to these hypotheses are presented. American, British, Belgian, Dutch and some German literature has been taken into account. The review of the literature shows that the chivalry hypothesis cannot offer an all‐embracing explanation for the possibly perceived preferential treatment of women. Similar conclusions can be drawn for the explanatory value of the legal model. Although a more lenient treatment of women can sometimes be explained by legal factors, these factors can offer no more than a partial explanation for observed sex differences in the criminal justice system. Especially in the case of pre‐trial release and sentencing, more particularly when deciding whether or not to send a defendant to prison, a noticeable sex‐effect can still be found. In the literature we find strong suggestions — although not always confirmed — that an (initially observed) more lenient treatment of women at these stages can be explained by stereotypes and expectations about the personality of women as less dangerous and the specific role which women fulfill in western society.     

Criminal justice and the nineteenth-century paradigm

This article examines the influence of psychological individualism on nineteenth-century law and criminal justice policy. The nineteenth century—a formative period both for American law and for human sciences—was dominated by a single overarching conception of human behavior. This article explores the implications and consequences of that domination by first examining the general conditions under which individualism flourished in the United States, and then focusing on specific criminal justice policies that were pemised on this individualistic paradigm. It suggests that individualistic assumptions about human behavior were incorporated into what became intractable legal and institutional forms. The article also develops the relationship between law and human science during this period, and the way in which criminal justice policies were advanced as scientific doctrines. Finally, it concludes with a brief discussion of the role played by psychology in criminal justice policy since the nineteenth—century, and the recent resurgence of psychological individualism.     

Swedish crime scene technicians: facilitations,epistemic frictions and professionalization from the outside

ABSTRACT

This article investigates the role of crime scene technicians in the Swedish criminal justice system, and particularly how Swedish crime scene technicians not only examine crime scenes but also facilitate the criminal justice system’s joint production of forensic evidence. It proposes thinking about the criminal justice system as a conglomeration of epistemic cultures, that is, of communities with different ways of producing and understanding forensic evidence. Such a perspective makes it possible to understand interprofessional frictions as epistemic frictions as well as to draw attention to the facilitations, mediations and translations that crime scene technicians perform. This perspective also makes it possible to illuminate how the crime scene technicians’ professionalization – a professionalization from the outside – affects both their future crime scene work and their facilitations.     

Understanding of criminal reconciliation in ancient China

It is the duty of literature on criminal law to record the states orthodox criminal legislation and justice. However, it is difficult to find a systematic and sufficient historical literature for directly expounding the criminal reconciliation outside the state criminal litigation system. This is a civil act among people or a non-statutory criminal reconciliation. Meanwhile, the object of historiography of modern criminal law is usually limited to the evolution and development of the state criminal law and official criminal justice. Thus researchers focus on these areas leaving little systematic evidence for scattered, local, individual, non-statutory and non-normalized criminal reconciliations between victims and offenders. However, upon investigation of the long standing institutional change of Chinese society as well as an analysis of the social reality reflected by Chinese traditional social and legal cultures, it can be confirmed that criminal reconciliation in ancient Chinese society existed reasonably and necessarily.     

Forensic science and criminal justice: An analysis of curricular models

The multi-disciplinary field of forensic science frequently finds its academic home within criminal justice programs. After examining the reasons for this academic linkage, an analysis of criminal justice curricular models and courses was undertaken to assess their applicability to forensic science education and careers. The authors concluded that the relationship between criminal justice and forensic science can be mutually beneficial; however, most criminal justice programs do not provide adequate preparation for meaningful careers in forensic science.     

Effective use of forensic science in volume crime investigations: Identifying recurring themes in the literature

New scientific, technological and legal developments, particularly the introduction of national databases for DNA and fingerprints, have led to increased use of forensic science in the investigation of crime. There is an assumption, and in some instances specific assertions, that such developments bring improvements either in broad criminal justice terms or more narrowly in terms of economic or practical efficiencies. The underlying presumption is that the new technological opportunities will be understood and effectively implemented. This research investigates whether such increases in activity have also been accompanied by improvements in the effective use of forensic science. A systematic review of thirty-six reports published (predominantly in England and Wales) since the 1980s, which have considered the use of forensic science in the investigation of volume crimes, was carried out. These reports have identified a number of recurrent themes that influenced how effectively forensic science was used in investigations. The themes identified included forensic knowledge and training of investigators, communication and information exchange between specialists and investigators, timeliness of forensic results, interagency relationships and deployment of crime scene examiner resources. The research findings suggest that these factors continue to hinder the effective use of forensic science despite technological advances and this paper considers their potential causes.     

Lessons from the Third World for Understanding American Criminal Justice

This paper argues for and attempts to demonstrate the case for including materials related to the operation of Third World criminal justice in courses dealing with American criminal justice system. The author argues that an examination of the contexts and processes of criminal justice in Third World nations increases one's ability to understand and critique the history and operations of our criminal justice enterprises. The Third World context offers laboratories for testing assumptions about American criminal justice without the implicitly pervasive ideological overtones we come to accept unquestionably in our own system simply because it is the one in which we operate.

Within the context of poverty, “dual societies,” chronic political instability, the struggle for economic development, and colonialism, the Third World offers an opportunity to study the interaction and impact of law, politics, economics, social control, and social change on the development and operations of criminal justice. Using examples from the literature of anthropology, law and social change, and political and economic development, the author attempts to demonstrate the usefulness of this interdisciplinary approach and the Third World context in teaching about the criminal justice system.     

Evaluation of competency to stand trial in defendants who do not want to be defended against the crimes charged

Implicit but significant assumptions made in the criminal justice system include beliefs that criminals do not commit crimes to be tried and convicted and that, once arrested, defendants' primary motives are to avoid or minimize the legal consequences of the charges they face. When those assumptions are not correct, clinicians and legal decision makers are faced with difficult tasks. The authors present three cases of defendants who were not primarily concerned with defending themselves against the charges they faced, but rather with using the criminal justice procedures to further personal goals, and discuss the problems involved for forensic evaluators and courts.     

Post-appeal avenues to rectify miscarriages of justice in the Malaysian criminal justice process: reform options and the use of DNA evidence

Many jurisdictions have reformed their criminal justice process as a result of reported cases where convicted individuals who have exhausted their legal rights of appeal were exonerated using DNA evidence. Based on that backgrounds, this article critically examines the existing post-appeal avenues in Malaysia and highlights that they are ineffective to deal with claims of miscarriages justice. This article argues proper legal mechanisms need to be established to deal with this issue which can also allow convicted persons to request for DNA testing where relevant to prove their innocence.