Unanalyzed evidence in law-enforcement agencies

Research Summary This study investigated forensic evidence processing in a nationally representative sample of state and local law-enforcement agencies (n = 3,153). For a 5-year period, agencies reported that 14% of all unsolved homicides (an estimated 3,975 cases) and 18% of all unsolved rapes (an estimated 27,595 cases) contained forensic evidence that had not been submitted to a forensic crime laboratory for analysis. Approximately 40% of these unanalyzed homicide and rape cases were reported to have contained DNA evidence. The lack of a suspect in the case was the most frequently cited reason for not submitting forensic evidence for analysis. Policy Implications Despite an increased diffusion of knowledge regarding the value of forensic evidence in the prosecution and defense of criminal cases, the investigative capabilities of forensic science are not being realized by law enforcement. Additional training for law enforcement on the use of forensic science to develop investigative leads is critical, as is the creation of departmental policies that prioritize and streamline the analysis of forensic evidence for homicide and rape cases—even in “no-suspect” cases. Ensuring adequate resources and information sharing for forensic processing especially of violent crimes, is also critical.     

Is it to the advantage of a defendant to infer a greater number of contributors to a questioned sample than is necessary to explain the observed DNA profile?

When a forensic scientist presents the results of a comparison between a DNA profile from a questioned sample with that of a defendant the interpretation will be based on the premise of a given number of contributors. It is quite common practice for defence counsel to ask how consideration of a greater number of putative contributors to the profile would affect the interpretation. This note discusses the response to such a request.     

The role of the forensic scientist in the application of chemical tests for alcohol in traffic law enforcement

The role and ethical responsibilities of the forensic scientist are reviewed. The context of this discussion includes the application and support of chemical tests for alcohol statutes in the United States adversary system of justice. The goal of this review is to stimulate awareness among the various participants (that is, scientist, prosecutor, defense counsel, judges, and law enforcement officials) in traffic law enforcement situations. Their mutual understanding and cooperation is essential to the effective and efficient use of chemical test procedures. The relative scientific weight that should be given to blood, breath, and urine tests for alcohol is presented.     

Legal perceptions of forensic DNA profiling part I: a review of the legal literature

A forensic biologist is usually involved in the criminal justice system process somewhere between the police and the legal system, interacting in a practical context regularly and extensively with both. Forensic DNA research and development commonly involves initiatives that encroach into the neighbouring domains of the law enforcement or legal agencies. Despite this level of association, establishing meaningful cross-disciplinary communication and understanding within the justice system remains a challenge. As an example, there is an abundance of literature relating to forensic DNA profiling in legal and criminological periodicals. Such journals are perhaps outside the regular reading of forensic scientists and much of the legal discussion appears to go unnoticed. This situation is understandable; however, it is also undesirable particularly as forensic DNA developments are intertwined with significant changes in legislation and contentious issues of privacy, civil liberty and social justice. This paper attempts to address this shortcoming directly by summarising - from the viewpoint of a forensic scientist - some of the discussion in the legal literature. In particular the review focuses on discussion raising ideological and ethical concerns. Awareness of these views is of relevance to forensic science. It assists us to accurately place DNA evidence into context and to develop its role in achieving the broader criminal justice system objectives. Understanding the discussion also provides a way to enter the debate and communicate at an appropriate level the true potential of DNA to the legal community.     

Joining anthropology and law enforcement

The role of anthropology in law enforcement involves three aspects of law enforcement activity; forensic anthropology, police-community relations research, and legal ethnographic research on the law enforcement agencies themselves. The first of these contributions to law enforcement by physical anthropologists faces competition from other closely related fields. Police-community relations research is a potential growth area for the application of anthropological efforts, as is legal ethnographic analysis of police organizationa. These latter two areas are within the realm of social anthropology, while the former is a specialty of physical anthropology. This article reviews the contributions of anthropologists and the applications of anthropological methods to law enforcement. It contends that criminal justice educators and police practitioners alike can benefit from knowing more about how these anthropological specialties have contributed and can continue to contribute to law enforcement.     

The stages of cybercrime investigations: Bridging the gap between technology examination and law enforcement investigation

Cybercrime investigation can be argued as still in its infancy. The technical investigation practices and procedures of global law enforcement are also still evolving in response to the growing threat of the cybercriminal. This has led to considerable debate surrounding the adequacy of current technical investigation models, examination tools and the subsequent capability of law enforcement to tackle cybercrime. To bridge the gap between low-level technology recovery and digital forensic examination, and to overcome the many technical challenges now faced by law enforcement; this paper presents an extended cybercrime investigation model capable of guiding the investigative practices of the broader law enforcement community. The Stages of Cybercrime Investigations discussed throughout this paper, demonstrate the logical steps and primary considerations vital to investigating cyber related crime and criminality. The model is intended to provide both technical and non-technical investigative resources, covering mainstream law enforcement, partner agencies and specialist technical services, with a formal and common structure when investigating the complex technical nature of cybercrime. Finally, the model is further aimed at providing cybercrime investigators with a means to consolidate understanding, share knowledge and communicate the resulting outcomes as an investigation moves through each relevant stage.     

An exercise in scientific problem-solving: Illustrating the utility of the principles of the Sydney Declaration

In forensic science, scientific problem-solving is characterized by the recognition of traces as part of iterative reasoning processes to assign meaning to those traces in order to interpret and reconstruct events. Through a set of fundamental principles, the Sydney Declaration presents a foundation of forensic science through the lens of a scientist. The distinction between a scientist and a technician may require clarification—where a prototypical technician follows a prescribed set of ‘standard operating procedures’ and may be limited in the interpretation of the resultant data, the scientist utilizes knowledge, skills, experience and imagination to identify the issue at hand and develop lines of inquiry for testing and interpretation. This case report draws on the Sydney Declaration in order to highlight the importance of learning about events from careful consideration of both obvious and less obvious traces. A case involving the assault of a police officer is examined to illustrate the use of the Principles: the problem originally defined by investigators at the scene and later by prosecutors resulted in incorrect analysis and interpretation of traces, hampering efforts at an accurate reconstruction of events. This exercise serves to demonstrate that in order to engage in scientific problem-solving, it is necessary to apply observation and reasoning in forensic investigations in order to yield an outcome that can be clearly articulated. The overarching goal is to support the drive to improve forensic science practice, education, and research through a case illustrating the value of the principles of the Sydney Declaration.     

Police shootings. The Metropolitan Dade County experience from 1956 to 1982

Police shootings, or, when law enforcement officers shoot and kill criminal suspects, have been studied in metropolitan Dade County from 1956 to 1982. A total of 194 cases have been studied and analyzed according to age, race, sex, Spanish surname, alcohol and/or drugs detected at autopsy, and prior criminal arrest record of the victim. The reason(s) for the shooting and any agencies involved have also been noted. Finally, an appendix is included that provides guidelines for the forensic pathologist on how to approach a case.     

Forensic drug intelligence: an important tool in law enforcement

Organised criminality is a great concern for national/international security. The demonstration of complex crimes is increasingly dependant on knowledge distributed within law-enforcement agencies and scientific disciplines. This separation of knowledge creates difficulties in reconstructing and prosecuting such crimes. Basic interdisciplinary research in drug intelligence combined with crime analysis, forensic intelligence, and traditional law enforcement investigation is leading to important advances in crime investigation support. Laboratory results constitute one highly dependable source of information that is both reliable and testable. Their operational use can support investigation and even provide undetected connections or organisation of structure. The foremost difficulties encountered by drug analysts are not principally of a chemical or analytical nature, but methodologies to extract parameters or features that are deemed to be crucial for handling and contextualising drug profiling data. An organised memory has been developed in order to provide accurate, timely, useful and meaningful information for linking spatially and temporally distinct events on a national and international level (including cross-border phenomena). Literature has already pointed out that forensic case data are amenable for use in an intelligence perspective if data and knowledge of specialised actors are appropriately organised, shared and processed. As a particular form of forensic case data, the authors' research focuses on parameters obtained through the systematic physical and chemical profiling of samples of illicit drugs. The procedure is used to infer and characterise links between samples that originate from the same and different seizures. The discussion will not, however, focus on how samples are actually analysed and compared as substantial literature on this topic already exists. Rather, attention is primarily drawn to an active and close collaboration between magistrates, forensic scientists, law enforcement investigators and crime analysts from different institutions with the aim of generating, using and validating relevant profiling case data as integral part of investigative and crime analysis processes. Original advances are highlighted through experiences from criminal investigations of offences related to the unlawful importation, exportation, supply and possession of illicit drugs.     

Management of crime scene units by Quebec police senior managers: Insight on forensic knowledge and understanding of key stakeholders

What do policing leaders think and know of forensic science? Beyond crime scene investigators or detectives, how do police senior managers perceive the role, utility and limitations of forensic science? Very few empirical studies have addressed the issue. Forensic scientsts should be concerned about the perception that law enforcement senior managers have of their discipline for two reasons. First, strategic and financial decision-makers are obviously key players in the overall administration and provision of forensic science, either as a supervisor, money provider or as a customer. Second, literature has highlighted that other actors involved in forensic science underestimate the scope and possibilities offered by forensic science, hence limiting its exploitation and potential. Following interviews with 18 police senior managers from Quebec (Canada), this study shows that they generally restrict forensic science to a reactive discipline whose role and utility is to identify offenders and support the Court. This understanding of forensic science, like that of many others including a significant share of forensic scientists, differs from the perception of other police activities in modern law enforcement agencies where proactive action is sought. Considering these findings and the growing body of literature which calls for forensic science to connect more tightly with policing and security, we advocate a more extensive education of police leaders regarding the scope of forensic science.     

Scent identification evidence in jurisdiction (drawing on the example of judicial practice in Poland)

One of the most significant challenges for contemporary forensic science seems to be research of new sources of physical evidence. Particularly after successful implementation of revolutionary DNA identification law enforcement agencies look for other new and perhaps more efficient techniques.     

An administrative dilemma: Sexual harassment and liability

Conservative estimates suggest that 40% of working women and 15% of their male counterparts have experienced some form of sexual harassment; and law enforcement personnel are no exception. Police officers are expected to adhere to the highest ethical standards and are subjected to greater public scrutiny than civilians. With criminal and civil remedies readily available to deter police misconduct, police agencies should be establishing policies that take a strong, pro-active stance against sexual harassment in the workplace. Surprisingly, though, 34% of police agencies in this country are still without formal policies regulating such behavior. This article is a guide to the legislation and case law that regulates those behaviours. Recommendations for policy formulation and implementation also are included. sexual harassment in the workplace presents a clear and present danger to law enforcement agencies. A recent survey found that thirty-four percent of law enforcement agencies in the United States have yet to formulate a written sexual harassment policy.     

城镇规划区违建执法困境及其解释——国家能力的视角

既有理论框架难以全面解释违建执法的困境.实际上,违建执法的困境反映执法领域国家能力的不足.从执法的结构和过程看,国家能力不足表现在多个层面:执法机构的"孤岛现象"普遍,不同机构之间难以有效合作;一线执法人员的素养欠缺,且其工作难以被执法机构有效考核;执法人员在进入社区空间、处理执法事务时受阻严重.由于国家能力的不足,执法人员常常接受执法对象的讨价还价,违建执法表现出"日常惰性—专项治理"的循环结构,强力执法与违法不究处于共生状态.改善社会治理,需要在执法领域强化国家能力,需要从执法机构、执法人员及其与社会的互动等多方面着手.     

Local law enforcement terrorism prevention efforts: A state level case study

Although law enforcement agencies across the nation have assumed part of the responsibility in the fight against terrorism, significant confusion exists as to the role of local law enforcement. While some agencies have taken steps towards terrorism prevention, little data has been collected on which agencies have taken the greatest steps, how those agencies have changed, and how other agencies should direct their activity. This case study of law enforcement census data from a single state considered variations in terrorism preparedness and predictors of preparedness. Agency size, presence of funding, and other variables significantly predict levels of terrorism preparedness. Important policy implications such as the distribution of funding and which agencies should be working towards terrorism preparedness are discussed.     

Social network analysis as a tool for criminal intelligence: understanding its potential from the perspectives of intelligence analysts

Over the past two decades an increasing number of researchers have applied social network analysis (SNA) to various ‘dark’ networks. This research suggests that SNA is capable of revealing significant insights into the dynamics of dark networks, particularly the identification of critical nodes, which can then be targeted by law enforcement and security agencies for disruption. However, there has so far been very little research into whether and how law enforcement agencies can actually leverage SNA in an operational environment and in particular the challenges agencies face when attempting to apply various network analysis techniques to criminal networks. This paper goes some way towards addressing these issues by drawing on qualitative interviews with criminal intelligence analysts from two Australian state law enforcement agencies. The primary contribution of this paper is to call attention to the organisational characteristics of law enforcement agencies which, we argue, can influence the capacity of criminal intelligence analysts to successfully apply SNA as much as the often citied ‘characteristics of criminal networks’.     

A legal analysis of sobriety checkpoints

Law enforcement agents are asked to help solve problems involving alcohol abuse in a society exhibiting reluctance to change its attitude about drinking and driving. As the public’s concern over drunken driving intensifies, use of the sobriety checkpoint is becoming a major law enforcement/public policy issue. Recent case law upholds use of the checkpoint in order to deter and detect the drunken driver. Although the United States Supreme Court has not directly ruled on the constitutionality of the sobriety checkpoint, there is a considerable body of state case law upholding its validity. Generally, with some exceptions, sobriety checkpoints appear to be constitutional if law enforcement agents follow proper guidelines and procedures. This paper analyzes case law pertaining to checkpoints, and gives law enforcement agencies direction in establishing constitutionally sound sobriety checkpoints, in conclusion, the article synthesizes roadblock and sobriety checkpoint law to provide law enforcement officers a plan for proper checkpoint construction.     

Modeling Forensic DNA Database Performance*

Abstract: Over the past decade or more, DNA databases have been a focal point of development for the forensic field. Using this approach, forensic and law enforcement agencies have aided millions of investigations, many of which would remain unsolved but for the intelligence links provided from DNA database comparison. However, despite their widespread use and increasingly broad legislative and operational reach, there has been limited overarching performance modeling or reflection on drivers of operational or financial efficiency. This study derives an inferential model for DNA database performance using data from major national DNA database programs. Parameters that optimize desirable database outputs (matches) are isolated and discussed, as is an approach for maximizing financial efficiency and minimizing ethical impact. This research takes important steps toward identifying measures of performance for forensic DNA database operations.     

The Development and Evaluation of Radiological Decontamination Procedures for Documents,Document Inks,and Latent Fingermarks on Porous Surfaces*†

Abstract: Criminal acts such as an attack utilizing a radiological dispersal device (RDD or dirty bomb), the manufacture of such a device, or the illicit trafficking of radioactive materials would warrant a criminal investigation. This could involve the collection, transportation, and analysis of radiologically contaminated trace evidence. But are law enforcement agencies and forensic scientists capable of dealing with this? This research investigates the decontamination efficacy of two decontamination techniques (chemical and physical) designed for the removal of radiological material from documents of forensic importance. The impact that these procedures have on the development of latent fingermarks and the forensic analysis of the inks on these documents is also studied. It was found that slight changes in the color and chemical composition of a variety of document inks and a destruction of fingermark ridges occurred after chemical decontamination. Physical decontamination had no impact on these parameters.     

The problem of untested sexual assault kits: why are some kits never submitted to a crime laboratory?

Victims of sexual assault are often advised to seek postassault medical care to have a forensic exam, which includes evidence collection (termed a sexual assault kit [SAK]). After the exam, law enforcement personnel are supposed to submit the SAK to a crime laboratory for analysis. However, recent media reports suggest that in many communities throughout the United States, thousands of SAKs are left untested. Few studies have examined the rate at which law enforcement submits SAKs to crime labs or the factors that may predict them to do so. Thus, the purpose of this exploratory study is twofold: (a) to examine the percentage of SAKs law enforcement submits to crime labs in cases in which a sexual assault nurse examiner (SANE) performed the exam with adult victims and (b) to explore whether assault and law enforcement characteristics predict whether SAKs are submitted to a crime lab. This study found that only 58.6% of the SAKs were submitted to the crime lab within a large Midwestern county. Using binary logistic regression, this study found that kits were significantly as likely to be submitted when there were documented physical (nonanogenital) injuries compared with kits that did not have documented physical injuries. In addition, kits that were handled by a law enforcement agency that had a high level of engagement with the SANE program were significantly as likely to be submitted as law enforcement agencies with a low or medium level of engagement. Kits were significantly less likely to be submitted when victims cleaned themselves after the sexual assault (e.g., bathing). No association was found between kit submission and the victim-offender relationship, suspected drug-facilitated sexual assault, anogenital injury, and when the victim consumed alcohol or drugs before the assault. This article concludes with a discussion of the implications for research and practice.     

Digital evidence in fog computing systems

Fog Computing provides a myriad of potential societal benefits: personalised healthcare, smart cities, automated vehicles, Industry 4.0, to name just a few. The highly dynamic and complex nature of Fog Computing with its low latency communication networks connecting sensors, devices and actuators facilitates ambient computing at scales previously unimaginable. The combination of Machine Learning, Data Mining, and the Internet of Things, supports endless innovation in our data driven society. Fog computing incurs new threats to security and privacy since these become more difficult when there are an increased number of connected devices, and such devices (for example sensors) typically have limited capacity for in-built security. For law enforcement agencies, the existing models for digital forensic investigations are ill suited to the emerging fog paradigm. In this paper we examine the procedural, technical, legal, and geopolitical challenges associated with digital forensic investigations in Fog Computing. We highlight areas that require further development, and posit a framework to stimulate further consideration and discussion around the challenges associated with extracting digital evidence from Fog Computing systems.