Validation of new methods

Reliable analytical data are a prerequisite for correct interpretation of toxicological findings in the evaluation of scientific studies, as well as in daily routine work. Unreliable analytical data might not only be contested in court, but could also lead to unjustified legal consequences for the defendant or to wrong treatment of the patient. Therefore, new analytical methods to be used in forensic and/or clinical toxicology require careful method development and thorough validation of the final method. This is especially true in the context of quality management and accreditation, which have become matters of increasing relevance in analytical toxicology in recent years. In this paper, important considerations in analytical method validation will be discussed which may be used as guidance by scientists wishing to develop and validate analytical methods.     

The over-citation of Daubert in forensic anthropology

The 1993 US Supreme Court decision Daubert v. Merrell Dow Pharmaceuticals, Inc. presented new guidance for the judicial assessment of expert witness evidence and testimony in the determination of admissibility. Despite the rarity of admissibility challenges to forensic anthropology evidence, Daubert is frequently cited in published forensic anthropology research. This study undertook a qualitative thematic analysis of forensic anthropology articles published in the Journal of Forensic Sciences to assess why authors continue to cite Daubert and express concerns over potential exclusion. The results show a significant increase in the number of articles that cite legal admissibility standards over time (p < 0.001). Authors frequently cite these standards to contextualize their results within the Daubert framework or to justify the need for their research. Notably, many articles present Daubert as a constraining force, misinterpreting the guidelines as rigid criteria or that they require methods to be strictly quantitative. However, Daubert was intended to be a flexible tool for judges—not a standard or instruction for scientists. While it was reasonable to reflect on the scientific rigor of methods in the wake of the Daubert decision, a new perspective is warranted in which forensic anthropologists shift their focus from trying to “satisfy” admissibility guidelines to adopting quality assurance measures that minimize error and ensure confidence in analytical results, and developing and using methods that are grounded in good science—which is important regardless of whether or not the results are ever the subject of a trial.     

Photographic evidence protocol: the use of digital imaging methods to rectify angular distortion and create life size reproductions of bite mark evidence

Bite mark evidence seen in skin injuries or objects is commonly photographed for evidentiary documentation, preservation, and analysis. Distortion in forensic evidence photographs diminishes the outcome of analytical procedures available to the forensic odontologist. Inaccurate positioning of the evidence, camera, or measurement reference scale creates perspective and parallax distortion of the captured image. These variables must be eliminated, if possible, to ensure reliable results derived from comparison of the suspect teeth and the bite mark. Detection and measurement of camera/evidence/scale misalignment is the threshold step in evidence evaluation, and is possible through digital imaging methods coupled with established methods. Correction (rectification) of perspective distortion is possible through the application of additional digital editing techniques. This study establishes type categories of perspective and parallax distortion seen in bite mark evidence, validates the use of the digital imaging tools of Adobe Photoshop to correct certain types of distortion, and establishes a forensic protocol to verify the accuracy of evidence photographs requiring dimensional accuracy.     

Digital evidence in cloud computing systems

Cloud computing systems provide a new paradigm to the distributed processing of digital data. Digital forensic investigations involving such systems are likely to involve more complex digital evidence acquisition and analysis. Some public cloud computing systems may involve the storage and processing of digital data in different jurisdictions, and some organisations may choose to encrypt their data before it enters the cloud. Both of these factors in conjunction with cloud architectures may make forensic investigation of such systems more complex and time consuming. There are no established digital forensic guidelines that specifically address the investigation of cloud computing systems. In this paper we examine the legal aspects of digital forensic investigations of cloud computing systems.     

Unlocking the potential of forensic traces: Analytical approaches to generate investigative leads

Forensic investigation involves gathering the information necessary to understand the criminal events as well as linking objects or individuals to an item, location or other individual(s) for investigative purposes. For years techniques such as presumptive chemical tests, DNA profiling or fingermark analysis have been of great value to this process. However, these techniques have their limitations, whether it is a lack of confidence in the results obtained due to cross-reactivity, subjectivity and low sensitivity; or because they are dependent on holding reference samples in a pre-existing database. There is currently a need to devise new ways to gather as much information as possible from a single trace, particularly from biological traces commonly encountered in forensic casework. This review outlines the most recent advancements in the forensic analysis of biological fluids, fingermarks and hair. Special emphasis is placed on analytical methods that can expand the information obtained from the trace beyond what is achieved in the usual practices. Special attention is paid to those methods that accurately determine the nature of the sample, as well as how long it has been at the crime scene, along with individualising information regarding the donor source of the trace.     

Review of analytical methods for screening and quantification of fentanyl analogs and novel synthetic opioids in biological specimens

Fentanyl, fentanyl analogs, and other novel synthetic opioids (NSO), including nitazene analogs, prevail in forensic toxicology casework. Analytical methods for identifying these drugs in biological specimens need to be robust, sensitive, and specific. Isomers, new analogs, and slight differences in structural modifications necessitate the use of high-resolution mass spectrometry (HRMS), especially as a non-targeted screening method designed to detect newly emerging drugs. Traditional forensic toxicology workflows, such as immunoassay and gas chromatography mass spectrometry (GC–MS), are generally not sensitive enough for detection of NSOs due to observed low (sub-μg/L) concentrations. For this review, the authors tabulated, reviewed, and summarized analytical methods from 2010–2022 for screening and quantification of fentanyl analogs and other NSOs in biological specimens using a variety of different instruments and sample preparation approaches. Limits of detection or quantification for 105 methods were included and compared to published standards and guidelines for suggested scope and sensitivity in forensic toxicology casework. Methods were summarized by instrument for screening and quantitative methods for fentanyl analogs and for nitazenes and other NSO. Toxicological testing for fentanyl analogs and NSOs is increasingly and most commonly being conducted using a variety of liquid chromatography mass spectrometry (LC–MS)-based techniques. Most of the recent analytical methods reviewed exhibited limits of detection well below 1 μg/L to detect low concentrations of increasingly potent drugs. In addition, it was observed that most newly developed methods are now using smaller sample volumes which is achievable due to the sensitivity increase gained by new technology and new instrumentation.     

Evaluating the Probative Value of Child Custody Evaluations

It has previously been argued that a competent forensic work product is defined, in part, by the evaluator's use of conventional forensic methods and procedures applied to child custody evaluations (Gould, 1998) and that the more judges and other legal professionals understand about forensic methods and procedures, the better they are able to critically weigh the substance and merit of a child custody evaluation (Gould & Bell, 2000). These forensic methods and procedures have their foundation in the behavioral sciences and are characteristic of competent and comprehensive forensic evaluations conducted for other legal purposes. In this paper, we provide a more detailed model for critiquing the forensic competence of a child custody report. Such a model better assists courts and lawyers in understanding how to assess the substance and admissibility of custody reports.     

法医精神病鉴定质量控制对策研究

法医精神病鉴定是一种经验型或技能型鉴定类型,大多数鉴定项目只能依靠鉴定人的经验进行判断,质量控制更显重要。遗憾的是,目前该专业并未像其他法医类鉴定那样实行认证认可制度,质量控制手段不多。为有效保障鉴定质量,必须围绕鉴定意见形成过程的各个阶段或环节进行过程控制与监督,重点关注“人、机、料、法、环”等要素。为此,建议在该行业内逐步恢复认证认可制度,完善质量体系建设,运用好各种内外部质量控制方法,严格把关鉴定人准入,实行鉴定人执业分类管理、强化鉴定人执业能力考核,以规范行业鉴定活动,维护行业司法鉴定的公信力。     

Current state and progress of research on forensic biomechanics in China

Forensic biomechanics gradually has become a significant component of forensic science. Forensic biomechanics is evidence-based science that applies biomechanical principles and methods to forensic practice, which has constituted one of the most potential research areas. In this review, we introduce how finite element techniques can be used to simulate forensic cases, how injury criteria and injury scales can be used to describe injury severity, and how tests of postmortem human subjects and dummy can be used to provide essential validation data. This review also describes research progress and new applications of forensic biomechanics in China.

Key points

• The review shows the main research progress and new applications of forensic biomechanics in China.
• The review introduces eight cases about the application of forensic biomechanics, including the multiple rigid body reconstruction, the finite element applications, study of mechanical properties, traffic crash reconstruction based on multiple techniques and analysis of morphomechanical mechanism about blood dispersal.
• Though forensic biomechanics has a great advantage for the evaluation of injury mechanisms, it still has some uncertainties owing to the uniqueness of the human anatomy, the complexity of biological materials, and the uncertainty of injury-causing circumstances.

     

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.     

Accreditation: Is it necessary? Yes!

Few issues in the past decade have aroused the interest of the criminal justice education community as much as accreditation. What accreditation of criminal justice educational programs can and cannot do is currently the subject of national debate. The goals of criminal justice accreditation, the organization of the Criminal Justice Accreditation Council that administers the accreditation project, the costs involved, and the development of accreditation guidelines are analyzed in the following article. The potential advantages and possible pitfalls of accreditation are reviewed, as are some of the legal problems in the accreditation process, such as the confidentiality of accreditation decisions.My purposes in writing this article are (1) to analyze the criminal justice accreditation efforts to date, (2) to present and to expand on the serious issues facing criminal justice education and how these are related to the desirability of having accreditation, and (3) to reflect on the problems thwarting the attempts of criminal justice education to move into a strong accrediting position. This report is meant to provide information, both general and specific, to those in all fields of education who are interested in improving criminal justice education. It is intended to stimulate thought as well as to give this writer's perspective on the accreditation efforts currently being carried out by the Criminal Justice Accreditation Council (CJAC) under the overall leadership of the Academy of Criminal Justice Sciences (ACJS). Educators and administrators often discuss accreditation in relation to their programs. Perhaps this article will clarify some of the issues and encourage a responsible approach to the improvement of criminal justice education.     

Adherence of forensic odontologists to the ABFO bite mark guidelines for suspect evidence collection

Boards and associations within forensic science have long been accepted as vehicles for the development and dissemination of protocols and recommendations for practice. Recent controversies surrounding bite mark analyses have brought the methods and practices of forensic dentists to the attention of both the courts and the media. In the mid-eighties the American Board of Forensic Odontology developed guidelines for bite mark analysis in response to unfavorable commentaries on the discipline by legal observers. The purpose of this study is to examine the adherence of board certified and noncertified forensic dentists to the guidelines for collection of evidence from bite mark suspects. A questionnaire was employed during an American Academy of Forensic Sciences meeting. Results showed that, in general, when the odontologists collected evidence they did adhere to the guidelines, although collection of salivary samples was not common. Of concern is the large number of odontologists who do not collect their own evidence from suspects. Police officers or other individuals often perform this task and therefore the guidelines must be disseminated to these groups to ensure that the maximum yield is obtained from bite mark evidence. A review of the materials used to collect evidence is also included with details of applications in forensic science.     

Geomatic techniques in forensic science: A review

The purpose of this review paper is to highlight various geomatic techniques that crime scene reconstructionists or forensic practitioners can use to document different kinds of scenes, highlighting the advantages, disadvantages, and when best to use each technology. This paper explores geomatic techniques such as a total station, photogrammetry, laser scanners and structured light scanners and how they can be used to reconstruct crime scenes. The goal of this paper is not to discredit manual methods, as they are long standing and reliable, but instead to shed light on alternative methods that may produce equally or more accurate results with a more visually appealing final product. It is important for law enforcement and forensic professionals to understand the advantages and disadvantages of each technique, knowing when certain techniques should be used (and when they should not), and being able to revert to traditional methods if required.     

Evidentiary Standards for Forensic Anthropology*

Abstract: As issues of professional standards and error rates continue to be addressed in the courts, forensic anthropologists should be proactive by developing and adhering to professional standards of best practice. There has been recent increased awareness and interest in critically assessing some of the techniques used by forensic anthropologists, but issues such as validation, error rates, and professional standards have seldom been addressed. Here we explore the legal impetus for this trend and identify areas where we can improve regarding these issues. We also discuss the recent formation of a Scientific Working Group for Forensic Anthropology (SWGANTH), which was created with the purposes of encouraging discourse among anthropologists and developing and disseminating consensus guidelines for the practice of forensic anthropology. We believe it is possible and advisable for anthropologists to seek and espouse research and methodological techniques that meet higher standards to ensure quality and consistency in our field.     

External quality assessment schemes for toxicology

A variety of external quality assurance (EQA) schemes monitor quantitative performance for routine biochemical analysis of agents such as paracetamol, salicylate, ethanol and carboxyhaemoglobin. Their usefulness for toxicologists can be lessened where the concentrations monitored do not extend fully into the toxic range or where the matrix is synthetic, of animal origin or serum as opposed to whole human blood. A scheme for quantitative determinations of a wider range of toxicological analytes such as opioids, benzodiazepines and tricyclics in human blood has been piloted by the United Kingdom National External Quality Assessment Scheme (UKNEQAS). Specialist schemes are available for drugs of abuse testing in urine and for hair analysis. Whilst these programmes provide much useful information on the performance of analytical techniques, they fail to monitor the integrated processes that are needed in investigation of toxicological cases. In practice, both qualitative and quantitative tests are used in combination with case information to guide the evaluation of the samples and to develop an interpretation of the analytical findings that is used to provide clinical or forensic advice. EQA programs that combine the analytical and interpretative aspects of case studies are available from EQA providers such as UKNEQAS and the Dutch KKGT program (Stichting Kwaliteitsbewaking Klinische Geneesmiddelanalyse en Toxicologie).     

Digital evidence accreditation in the corporate and business environment

A prominent banking institution in the United States has submitted an application to have its Computer Forensics unit inspected as the first step towards attaining accreditation. Several other corporations and businesses that operate Computer Forensics units are also considering submitting their applications. This is in response to the American Society of Crime Laboratory Directors/Laboratory Accreditation Board's (ASCLD/LAB) accreditation program which began offering accreditation in the Digital Evidence Discipline in 2003. As defined in the ASCLD/LAB accreditation manual, any laboratory conducting forensic analysis in any of the four sub-disciplines of Digital Evidence (Audio Analysis, Computer Forensics, Digital Imaging Analysis, or Video Analysis) can apply for accreditation. This information is widely known in the forensic crime laboratory community, but most executives and examiners in the corporate and business sector are not aware that they also can apply for accreditation in the Digital Evidence discipline.     

The current status of forensic science laboratory accreditation in Europe

Forensic science is gaining some solid ground in the area of effective crime prevention, especially in the areas where more sophisticated use of available technology is prevalent. All it takes is high-level cooperation among nations that can help them deal with criminality that adopts a cross-border nature more and more. It is apparent that cooperation will not be enough on its own and this development will require a network of qualified forensic laboratories spread over Europe. It is argued in this paper that forensic science laboratories play an important role in the fight against crime. Another, complimentary argument is that forensic science laboratories need to be better involved in the fight against crime. For this to be achieved, a good level of cooperation should be established and maintained. It is also noted that harmonization is required for such cooperation and seeking accreditation according to an internationally acceptable standard, such as ISO/IEC 17025, will eventually bring harmonization as an end result. Because, ISO/IEC 17025 as an international standard, has been a tool that helps forensic science laboratories in the current trend towards accreditation that can be observed not only in Europe, but also in the rest of the world of forensic science. In the introduction part, ISO/IEC 17025 states that "the acceptance of testing and calibration results between countries should be facilitated if laboratories comply with this international standard and if they obtain accreditation from bodies which have entered into mutual recognition agreements with equivalent bodies in other countries using this international standard." Furthermore, it is emphasized that the use of this international standard will assist in the harmonization of standards and procedures. The background of forensic science cooperation in Europe will be explained by using an existing European forensic science network, i.e. ENFSI, in order to understand the current status of forensic science in Europe better. The Council of Europe and the European Union approaches to forensic science will also be discussed by looking at the legal instruments and documents published by these two European organizations. Data collected from 52 European forensic science laboratories will be examined and findings will be evaluated from a quality assurance and accreditation point of view. The need for harmonization and accreditation in forensic science will be emphasized. The steps that should be taken at the European level for increasing and strengthening the role of European forensic science laboratories in the fight against crime will be given as recommendations in the conclusion.     

The use of combined spectroscopy in analytical toxicology (author's transl)]

The combined application of the four spectrometric techniques UV, IR, NMR and MS is an important analytical tool for the identification of the increasing number of potential poisons with which the analysts in the fields of forensic sciences and toxicology are confronted. Some of the contributions of these techniques to toxicological analyses are reviewed and illustrated by a few examples. Furthermore, the incorporation of the four methods into the analytical scheme, the requirements with respect to quantity and purity of the unkown substances, as well as the different possibilities for the combination of separation and identification techniques are outlined.