ISO Standards Addressing Issues of Bias and Impartiality in Forensic Work

The ISO/IEC 17020 and 17025 standards both include requirements for impartiality and the freedom from bias. Meeting these requirements for implicit cognitive bias is not a simple matter. In this article, we address these international standards, specifically focusing on evaluating and mitigating the risk to impartiality, and quality assurance checks, so as to meet accreditation program requirements. We cover their meaning to management as well as to practitioners, addressing how these issues of impartiality and bias relate to forensic work, and how one can effectively evaluate and mitigate those risks. We then elaborate on specific quality assurance policies and checks and identify when corrective action may be appropriate. These measures will not only serve to meet ISO/IEC 17020 and 17025 requirements, but also enhance forensic work and decision-making.     

Validation of powder X-ray diffraction following EN ISO/IEC 17025

Powder X-ray diffraction (PXRD) is used widely in forensic science laboratories with the main focus of qualitative phase identification. Little is found in literature referring to the topic of validation of PXRD in the field of forensic sciences. According to EN ISO/IEC 17025, the method has to be tested for several parameters. Trueness, specificity, and selectivity of PXRD were tested using certified reference materials or a combination thereof. All three tested parameters showed the secure performance of the method. Sample preparation errors were simulated to evaluate the robustness of the method. These errors were either easily detected by the operator or nonsignificant for phase identification. In case of the detection limit, a statistical evaluation of the signal-to-noise ratio showed that a peak criterion of three sigma is inadequate and recommendations for a more realistic peak criterion are given. Finally, the results of an international proficiency test showed the secure performance of PXRD.     

Current status of accreditation for drug testing in hair

At the annual meeting of the Society of Hair Testing in Vadstena, Sweden in 2006, a committee was appointed to address the issue of guidelines for hair testing and to assess the current status of accreditation amongst laboratories offering drug testing in hair. A short questionnaire was circulated amongst the membership and interested parties. Fifty-two responses were received from hair testing laboratories providing details on the amount and type of hair tests they offered and the status of accreditation within their facilities. Although the vast majority of laboratories follow current guidelines (83%), only nine laboratories were accredited to ISO/IEC 17025 for hair testing. A significant number of laboratories reporting that they were in the process of developing quality systems with a view to accrediting their methods within 2-3 years. This study provides an insight into the status of accreditation in hair testing laboratories and supports the need for guidelines to encourage best practice.     

Study on the standard components of digital forensics laboratory

Recently, digital forensics has become increasingly important as it is used by investigation agencies, corporate, and private sector. To supplement the limitations of evidence capacity and be recognized in court, it is essential to establish an environment that ensures the integrity of the entire process ranging from collecting and analyzing to submitting digital evidence to court. In this study, common elements were extracted by comparing and analyzing ISO/IEC 17025, 27001 standards and Interpol and Council of Europe (CoE) guidelines to derive the necessary components for building a digital forensic laboratory. Subsequently, based on 21 digital forensic experts in the field, Delphi survey and verifications were conducted in three rounds. As a result, 40 components from seven areas were derived. The research results are based on the establishment, operation, management, and authentication of a digital forensics laboratory suitable for the domestic environment, with added credibility through collection of the opinions of 21 experts in the field of digital forensics in Korea. This study can be referred to in establishing digital forensic laboratories in national, public, and private digital forensic organizations as well as for employing as competency measurement criteria in courts to evaluate the reliability of the analysis results.     

A brief history of the formation of DNA databases in forensic science within Europe

The introduction of DNA analysis to forensic science brought with it a number of choices for analysis, not all of which were compatible. As laboratories throughout Europe were eager to use the new technology different systems became routine in different laboratories and consequently, there was no basis for the exchange of results. A period of co-operation then started in which a nucleus of forensic scientists agreed on an uniform system. This collaboration spread to incorporate most of the established forensic science laboratories in Europe and continued through two major changes in the technology. At each step agreement was reached on which systems to use. From the beginning it was realised that DNA databases would provide the criminal justice systems with an efficient way of crime solving and consequently some local databases were created. It was not until the introduction of the amplification technology linked to the analysis of short tandem repeats that a sufficiently sensitive and robust system was available for the formation of efficient and effective DNA databases. Comprehensive legislation enacted in the UK in 1995 enabled forensic scientists to set up the first national DNA database which would hold both personal DNA profiles together with results obtained from crime scenes. Other countries quickly followed but in some the legislation has severely restricted the amount and type of data which can be retained and, therefore, effectiveness of the databases is limited. The widespread use of commercially produced multiplex kits has produced a situation in which nearly all European laboratories are using compatible systems and there is, therefore, the potential for the introduction of a pan-European DNA database. However, the exchange of results between countries is hampered by the various legislations which currently exist.     

Scientific cooperation in the area of criminologic techniques in Europe

Due to an increased trend toward professionalism on the part of criminals and the globalization of crime the demands on forensic science have increased. These demands can only be met by international co-operation. A priori all areas of forensic science can be recommended as fields where working together is adequate. Co-operation--depending for example on the amount of work required for planned research and development, on the need for harmonization of methods and techniques or on the complexity of the task--is certainly necessary to a varying extent. In institutionalizing co-operation it is not so much a mere increase in the relevant activities that is offered but much more variety of (new) ideas. In doing this, as will be shown in a couple of examples, the use of new information and communication technology in particular should be increased.     

Paternity Testing Commission of the International Society of Forensic Genetics: recommendations on genetic investigations in paternity cases

The International Society for Forensic Genetics (ISFG) has established a Paternity Testing Commission (PTC) with the purpose of formulating international recommendations concerning genetic investigations in paternity testing. The PTC recommends that paternity testing be performed in accordance with the ISO 17025 standards. The ISO 17025 standards are general standards for testing laboratories and the PTC offers explanations and recommendations concerning selected areas of special importance to paternity testing.     

The National Ballistics Imaging Comparison (NBIC) project

In response to the guidelines issued by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB-International) to establish traceability and quality assurance in U.S. crime laboratories, a NIST/ATF joint project entitled National Ballistics Imaging Comparison (NBIC) was initialized in 2008. The NBIC project aims to establish a National Traceability and Quality System for ballistics identifications in crime laboratories within the National Integrated Ballistics Information Network (NIBIN) of the U.S. NIST Standard Reference Material (SRM) 2460 bullets and 2461 cartridge cases are used as reference standards. 19 ballistics examiners from 13 U.S. crime laboratories participated in this project. They each performed 24 periodic image acquisitions and correlations of the SRM bullets and cartridge cases over the course of a year, but one examiner only participated in Phase 1 tests of SRM cartridge case. The correlation scores were collected by NIST for statistical analyses, from which control charts and control limits were developed for the proposed Quality System and for promoting future assessments and accreditations for firearm evidence in U.S. forensic laboratories in accordance with the ISO 17025 Standard.     

The role and duties of the shoeprint/toolmark examiner in forensic laboratories

Shoeprint and toolmark examinations have been carried out for forensic purposes for a great number of years. According to literature, the first case of footwear identification dates back to the year 1786. This particular case was worked out by a local police constable. Who then, are the persons working in crime laboratories and specialising in shoeprint and toolmark examinations today? Are they responsible for some other kind of duties, and if ‘yes’, what kind of duties? To find answers to these questions, a questionnaire was prepared and sent to 78 forensic laboratories, 62 laboratories in 27 European countries and 16 laboratories in six countries outside Europe. Forty-three laboratories (55%) in 23 countries; 35 laboratories in 19 European countries and eight laboratories in four countries outside Europe returned the questionnaire. The conducted study shows that the shoeprint and toolmark examiners are performing a great variety of tasks besides shoeprint and toolmark examinations, and also that the tasks vary a lot from one laboratory to another.     

Report on the third EDNAP collaborative STR exercise

This report describes an inter-laboratory exercise completed on behalf of the European DNA Profiling (EDNAP) group. The exercise is one in a series designed to identify STR loci which could be used for harmonisation between participating European forensic science laboratories. Participants were asked to identify the alleles present in five bloodstains at the STR loci HUMTHO1 and HUMVWFA31/A. Two of the stains were prepared from mixtures of two different blood samples. There were no special instructions and each laboratory was requested to use the methodology normally employed for crime case investigations. All participating laboratories achieved the same results for both loci. In addition, the laboratories were also requested to report the results obtained from any other loci which would normally be used in crime case investigations. A comparison of these results showed some inter-laboratory variation.     

论司法鉴定人资格认证框架的构建

通过对我国司法鉴定人资格管理中存在的问题分析,在借鉴相关行业管理模式的基础上,以国际标准化组织发布的ISO/IEC17024准则为指导.提出将人员认证与鉴定人职业资格相结合,将资格考试和能力验证作为鉴定人认证的主要评价手段,尝试在现有法律制度和管理模式下构建我国司法鉴定人资格认证的基本框架.     

Forensic pathology on the threshold of the 21st century and the need for harmonization of current practice and training: the Greek concept

Our era is characterized by the globalization of crime. This poses to all democratic countries the urgent need to reform their systems to fight crime more effectively. Forensic sciences remain an integral part of the system against crime. This scientific field can also offer valuable knowledge regarding the causes of death. From an epidemiologic point of view, this can result in better organization of prevention measures for the best interests of the community. Harmonization and collaboration in the operation of the various forensic systems that presently exist around the world is of paramount importance if effective prevention of crime and other causes of death in contemporary reality is to be achieved. In addition, revision of training in forensic pathology and forensic sciences is essential if harmonizing the forensic systems is to succeed. This report provides an overview of the wide variation in the operation of forensic systems and training. Emphasis is given to the importance of their harmonization, and an attempt is made to explore principles that may contribute along these lines. Finally, the authors provide proposals for revision of the training system in forensic pathology in Greece.     

Networks of European National Human Rights Institutions

This article concerns the networks of European national human rights institutions (NHRIs). It examines how the sharing of best practices takes place through networks and how NHRIs achieve cooperation at both the international and regional levels. The article also analyses NHRI cooperation within three organisations: the United Nations, the Council of Europe and the EU. While cooperation at the international level facilitates their accreditation according to their compliance with the Paris Principles and enables them to participate in the sessions of the Human Rights Council, cooperation at the European level allows them to exchange information on issues of common concern and strengthens their relationship with regional bodies. In Europe, NHRIs cooperate with the Commissioner for Human Rights of the Council of Europe and might also do so with the recently established Fundamental Rights Agency of the EU.     

A competence assessment framework for scientific support within policing in England and Wales

The Association of Chief Police Officers commissioned Skills for Justice to develop a competence assessment framework to support police forces' scientific support units evidence the competence of their staff against nationally agreed standards of competence. This will also help forces on their journey towards ISO 17025 and ISO 17020 accreditation. A six point framework has been developed and published and is now being implemented across many forces.     

The contribution of forensic science to crime analysis and investigation: forensic intelligence

The debate in forensic science concentrates on issues such as standardisation, accreditation and de-contextualisation, in a legal and economical context, in order to ensure the scientific objectivity and efficiency that must guide the process of collecting, analysing, interpreting and reporting forensic evidence. At the same time, it is recognised that forensic case data is still poorly integrated into the investigation and the crime analysis process, despite evidence of its great potential in various situations and studies. A change of attitude is needed in order to accept an extended role for forensic science that goes beyond the production of evidence for the court. To stimulate and guide this development, a long-term intensive modelling activity of the investigative and crime analysis process that crosses the boundaries of different disciplines has been initiated. A framework that fully integrates forensic case data shows through examples the capital accumulated that may be put to use systematically.     

论法庭科学实验室认可的特殊要求

本文从价值观、证据资格和优质法庭科学服务3个方面分析了法庭科学实验室认可特殊性的产生根源;分析和总结了ILAC和部分国家法庭科学实验室认可的特殊要求,给此项工作在我国的开展提供了借鉴。     

法庭科学实验室认可工作发展状况与启示

本文通过对国内外,特别是对先进国家法庭科学实验室认可工作发展变化情况的介绍,分析我国认可工作中存在的不足,并提出改进意见。     

The Kodak Syndrome: Risks and Opportunities Created by Decentralization of Forensic Capabilities

Forensic science laboratories are being challenged by the expanding decentralization of forensic capabilities, particularly for digital traces. This study recommends laboratories undertake digital transformations to capitalize on the decentralization movement, develop a more comprehensive understanding of crime and security‐relevant problems, and play a more central role in problem‐solving collaboratively with law enforcement organizations and other stakeholders. A framework for the bilateral transfer of information and knowledge is proposed to magnify the impact of forensic science laboratories on abating crime, strengthening security, and reinforcing the criminal justice system. To accomplish digital transformations, laboratories require personnel with different expertise, including investigative reasoning, knowledge codification, data analytics, and forensic intelligence. Ultimately, this study encourages managers, educators, researchers, and policymakers to look beyond the usefulness of forensic results for solving individual investigations, and to realize the value of combined forensic knowledge and intelligence for developing broader strategies to deal with crime in digitalized society.     

物证鉴定的能力验证

能力验证是物证鉴定质量保障体系的重要组成部分,可以非常有效的评估、监控和提高实验室物证鉴定能力和质量。本文论述了物证鉴定能力验证的主要方法、形式、类型和特点,以及在物证鉴定实验室质量管理中的具体应用,介绍了国外物证鉴定实验室参加能力验证活动的历史和现状,并提出在我国物证鉴定实验室广泛开展能力验证活动的思考。     

Swapping Carrots for Sticks: Forensic science provider views of the Forensic Regulator Act 2021

In April 2021, the Forensic Science Regulator Act 2021 received Royal Assent, providing new statutory powers for the Forensic Science Regulator (FSR) of England and Wales. These powers are intended to enable the FSR to compel forensic science providers (FSPs) comply with quality standard requirements. The FSR has until now relied upon ‘soft power’ and arguments of benefits to be gained if FSPs achieve accreditation and adhere to the Code of Practice. Reaching the limits of persuasive powers, the FSR Act now introduces powers to penalise FSPs who remain unaccredited or fall below published standards. To gauge the potential impact, forensic scientists were asked to anticipate effects of the Act. Practitioners indicated that the new statutory powers could instil a sense of urgency among police force forensic science units in particular, in prioritising quality and investing in accreditation. However, there are significant capacity limitations which may hamper more widespread and sustainable change, such as financial pressures faced by FSPs, as well as resource constraints within the FSR role. Changing from a regulatory approach focussed upon voluntary cooperation, support and encouraging intrinsic motivations (i.e ‘carrots’), for one reliant upon deterrence in the forms of threats of sanctions and punishment (‘sticks’), could prevent real improvements in quality and undermine the achievement of regulatory aims. The FSR Act is unable to address problems with forensic science provision, that militate against the quality of forensic science services. Thus, benefits accrued from swapping carrots for sticks may be illusory and may ultimately prove counterproductive.