Helping formulate propositions in forensic DNA analysis

The Bayesian paradigm is the preferred approach to evidence interpretation. It requires the evaluation of the probability of the evidence under at least two propositions. The value of the findings (i.e., our LR) will depend on these propositions and the case information, so it is crucial to identify which propositions are useful for the case at hand. Previously, a number of principles have been advanced and largely accepted for the evaluation of evidence. In the evaluation of traces involving DNA mixtures there may be more than two propositions possible. We apply these principles to some exemplar situations. We also show that in some cases, when there are no clear propositions or no defendant, a forensic scientist may be able to generate explanations to account for observations. In that case, the scientist plays a role of investigator, rather than evaluator. We believe that it is helpful for the scientist to distinguish those two roles.     

A forensic science perspective on the role of images in crime investigation and reconstruction

This article presents a global vision of images in forensic science. The proliferation of perspectives on the use of images throughout criminal investigations and the increasing demand for research on this topic seem to demand a forensic science-based analysis. In this study, the definitions of and concepts related to material traces are revisited and applied to images, and a structured approach is used to persuade the scientific community to extend and improve the use of images as traces in criminal investigations. Current research efforts focus on technical issues and evidence assessment. This article provides a sound foundation for rationalising and explaining the processes involved in the production of clues from trace images. For example, the mechanisms through which these visual traces become clues of presence or action are described. An extensive literature review of forensic image analysis emphasises the existing guidelines and knowledge available for answering investigative questions (who, what, where, when and how). However, complementary developments are still necessary to demystify many aspects of image analysis in forensic science, including how to review and select images or use them to reconstruct an event or assist intelligence efforts. The hypothetico-deductive reasoning pathway used to discover unknown elements of an event or crime can also help scientists understand the underlying processes involved in their decision making. An analysis of a single image in an investigative or probative context is used to demonstrate the highly informative potential of images as traces and/or clues. Research efforts should be directed toward formalising the extraction and combination of clues from images. An appropriate methodology is key to expanding the use of images in forensic science.     

Theory and the scientific basis for forensic anthropology

Forensic anthropology has long been criticized for its lack of a strong theoretical and scientific foundation. This paper addresses this problem by examining the role of theory in forensic anthropology at different hierarchical levels (high-level, middle-range, and low-level) and the relevance of various theoretical concepts (taphonomic, agency, behavioral archaeology, nonlinear systems, and methodological theories) to the interpretation of forensic contexts. Application of these theories to a case study involving the search for the WWII Goettge Patrol illustrates the explanatory power these theories offer to the interpretation of forensic events as the end product of an often complex set of environmental constraints and behavioral interactions and choices. It also emphasizes the importance of case studies in theory building and hypothesis testing. A theoretical foundation does indeed currently exist in forensic anthropology; however, a recognition and broader implementation of anthropological (archaeological) theory is warranted and will further define forensic anthropology as a scientific endeavor.     

Bloodstain pattern analysis & Bayes: A case report

The findings from a bloodstain pattern analysis (BPA) may assist in formulating or falsifying scenarios that are considered in the investigative stages of a criminal investigation. When a case proceeds to trial the bloodstain pattern expert may be asked about the relevance of their findings given scenarios that are proposed by the prosecution and defense counsel. Such opinions provided by an expert are highly relevant to police investigation or legal proceedings, but the reasoning behind the opinion or implicit assumptions made by the expert may not be transparent.A proper framework for the evaluation of forensic findings has been developed since the late twentieth century, based on the hierarchy of propositions, Bayesian reasoning and a model for case assessment and interpretation. This framework, when implemented in casework, mitigates some of the risks of cognitive biases, and makes the reasoning and scientific basis for the opinion transparent. This framework is broadly used across forensic science disciplines. In this paper we describe its application to the field of BPA using a case example from the Netherlands Forensic Institute (NFI).     

The origin of evidence

Forensic science is an applied science based on the laws of physics and chemistry. Over time, a set of fundamental concepts has developed that apply specifically to a forensic analysis. Traditionally, five concepts have been articulated: transfer, identification, individualization, association between source and target, and reconstruction. We suggest that an additional sixth concept, the idea that matter must divide before it can be transferred, is necessary to complete the paradigm. Divisible matter is particularly useful in describing physical match evidence. Additionally, we propose a paradigm that logically divides into scientific principles that govern the generation of evidence, and processes that pertain to the recognition, analysis, and interpretation of evidence. The principles of divisible matter and transfer pertain to the generation of evidence before and during the crime event; the processes of identification, classification or individualization, association, and reconstruction describe the practice of forensic science starting with the recognition of an item as evidence.     

Nature and place of crime scene management within forensic sciences

This short paper presents the preliminary results of a recent study aimed at appreciating the relevant parameters required to qualify forensic science as a science through an epistemological analysis. The reader is invited to reflect upon references within a historical and logical framework which assert that forensic science is based upon two fundamental principles (those of Locard and Kirk). The basis of the assertion that forensic science is indeed a science should be appreciated not only on one epistemological criteria (as Popper's falsification raised by the Daubert hearing was), but also on the logical frameworks used by the individuals involved (investigator, expert witness and trier of fact) from the crime scene examination to the final interpretation of the evidence. Hence, it can be argued that the management of the crime scene should be integrated into the scientific way of thinking rather than remain as a technical discipline as recently suggested by Harrison.     

Traceology,criminalistics, and forensic science

There is a serious issue within the forensic science community, which even extends outside of the field. The role of the scientist in the investigation of crime has been increasingly confined to the laboratory, which has been accompanied by the conflation of the terms forensic science and criminalistics. This unfortunate situation has been festering for years. To make matters worse, the era of the proactive, problem-defining, criminalist (generalist) is waning, and possibly over. Present-day “criminalists” are treated as little more than reactive, protocol-constrained, laboratory technicians, with few, if any, consequential crime scene roles. In most cases, these “criminalists” merely respond to routine requests from prosecutors and police. The absence of science at the front end of forensic investigations, i.e., the scene, has resulted in biased, ineffective, inefficient, and/or erroneous outcomes with immediate and long-term societal impacts. To disentangle this imbroglio, we propose the use of another term, traceology, which has seen limited use worldwide except in the field of archaeology. With respect to criminalistics, this term has been previously proposed by Margot (20–21). Traceology is an historical science, dealing with the examination, analysis, and scientific interpretation of event traces (signs or remnants) of earlier activities. In this commentary, we define and redefine familiar, but ambiguous, terms and concepts with the hope of recapturing the essence of criminalistics (32), which we suggest is best termed traceology.     

Expanding forensic science through forensic intelligence

Research and Development (‘R&D’) in forensic science currently focuses on innovative technologies improving the efficiency of existing forensic processes, from the detection of marks and traces at the scene, to their presentation in Court. R&D approached from this perspective provides no response to doubts raised by recent criminological studies, which question the effective contribution of forensic science to crime reduction, and to policing in general.Traces (i.e. forensic case data), as remnants of criminal activity are collected and used in various forms of crime monitoring and investigation. The aforementioned doubts therefore need to be addressed by expressing how information is conveyed by traces in these processes. Modelling from this standpoint expands the scope of forensic science and provides new R&D opportunities. Twelve propositions for R&D are stated in order to pave the way.     

The AFSP Standard - a lesson for law enforcement agencies

Compliance with the AFSP (Association of Forensic Science Providers) Standard [1] which concerns the formulation of an evaluative opinion requires consideration of the defence case. This can be problematic for forensic scientists working with or for law enforcement agencies. Among the aims of law enforcement agencies is to secure a conviction while in many jurisdictions the forensic scientist owes an overriding duty to the Court. This casework report demonstrates that early consideration of the defence case by a forensic scientist complying with the AFSP Standard may help rather than hinder the prosecution. The dichotomy as to a conflict of interest for the scientist between supporting the police/prosecutors and being scientifically objective is shown to be a false dichotomy. Compliance with the Standard ensures that science is a better servant of justice.     

法证科学领域的决策

随着法证DNA证据以及它所适用的概率模型日益凸显,反映了传统法证科学的局限性,并使人们对法证科学领域的决策产生了越来越多的质疑,焦点集中在对结论的解读方式和实际运用。分析表明,科学证据的本质不是绝对性或确定性的,而是概率性的;同时,事实审判者需要基于这些概率性的证据对事实作出明确的决定。因此,对于法证科学领域的决策,应当是专家在一系列归纳得出的特定假设基础上,就研究结果的概率进行恰当的报告,由事实审判者承担对概率作出决断的任务。     

Situating forensic traces in time

Situating events and traces in time is an essential problem in investigations. To date, among the typical questions issued in forensic science, time has generally been unexplored. The reason for this can be traced to the complexity of the overall problem, addressed by several scientists in very limited projects usually stimulated by a specific case. Considering that such issues are recurrent and transcending the treatment of each trace separately, the formalisation of a framework to address dating issues in criminal investigation is undeniably needed. Through an iterative process consisting of extracting recurrent aspects discovered from the study of problems encountered by practitioners and reported in the literature, common mechanisms were extracted and provide understanding of underlying factors encountered in forensic practise. Three complementary approaches are thus highlighted and described to formalise a preliminary framework that can be applied for the dating of traces, objects, persons and indirectly events.     

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.     

A review of quality procedures in the UK forensic sciences: What can the field of digital forensics learn?

With a reliance on the various forms of forensic science evidence in complex criminal investigations, the measures for ensuring its quality are facing increasing scrutiny. Improvements to quality management systems, to ensure both the robust application of scientific principles and the accurate interpretation and reporting of results, have arisen as a consequence of high-profile rebuttals of forensic science evidence, combined with process improvements driven by evaluation of current practice. These improvements are crucial to ensure validity of results as well as providing assurance for all those involved in the Criminal Justice System. This work first examines the quality management systems utilised for the examination and analysis of fingerprint, body fluid and DNA evidence. It then proceeds to highlight an apparent lack of comparable quality assurance mechanisms within the field of digital forensics, one of the newest branches of forensic science. Proposals are provided for the improvement of quality assurance for the digital forensics arena, drawing on the experiences of, and more well-established practices within, other forensic disciplines.     

Human hair histogenesis for the mitochondrial DNA forensic scientist.

Analysis of mitochondrial DNA (mtDNA) sequence from human hairs has proven to be a valuable complement to traditional hair comparison microscopy in forensic cases when nuclear DNA typing is not possible. However, while much is known about the specialties of hair biology and mtDNA sequence analysis, there has been little correlation of individual information. Hair microscopy and hair embryogenesis are subjects that are sometimes unfamiliar to the forensic DNA scientist. The continual growth and replacement of human hairs involves complex cellular transformation and regeneration events. In turn, the analysis of mtDNA sequence data can involve complex questions of interpretation (e.g., heteroplasmy and the sequence variation it may cause within an individual, or between related individuals. In this paper we review the details of hair developmental histology, including the migration of mitochondria in the growing hair, and the related interpretation issues regarding the analysis of mtDNA data in hair. Macroscopic and microscopic hair specimen classifications are provided as a possible guide to help forensic scientists better associate mtDNA sequence heteroplasmy data with the physical characteristics of a hair. These same hair specimen classifications may also be useful when evaluating the relative success in sequencing different types and/or forms of human hairs. The ultimate goal of this review is to bring the hair microscopist and forensic DNA scientist closer together, as the use of mtDNA sequence analysis continues to expand.     

Qualitative analysis: a guide to best practice--forensic science extension.

Qualitative analysis is arguably the cornerstone of analysis since what cannot be recognised cannot be quantified. This is especially true in the case of the forensic sciences where, for example, the mere presence of a prohibited, or controlled, substance in an unauthorized setting is indicative of a potential offence. This paper presents a set of principles of good practice in qualitative analysis. The principles are placed in the context of forensic science and extend earlier published guidance.     

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.     

The distinction between discriminability and reliability in forensic science

Forensic science plays an increasingly important role in the criminal justice system; yet, many forensic procedures have not been subject to the empirical scrutiny that is expected in other scientific disciplines. Over the past two decades, the scientific community has done well to bridge the gap, but have likely only scratched the tip of the iceberg. We offer the discriminability-reliability distinction as a critical framework to guide future research on diagnostic-testing procedures in the forensic science domain. We argue that the primary concern of the scientist ought to be maximizing discriminability and that the primary concern of the criminal justice system ought to be assessing the reliability of evidence. We argue that Receiver Operating Characteristic (ROC) analysis is uniquely equipped for determining which of two procedures or conditions has better discriminability and we also demonstrate how estimates of reliability can be extracted from this Signal Detection framework.     

The barriers to achieving an evidence base for bitemark analysis

Forensic dentistry is the union of two scientific disciplines, both of which are undergoing a renewed scientific rigor. In forensic science the advent of the Daubert ruling has required that judges assess the forensic value of 'expert testimony' ensuring that techniques, methodologies and practices are not only commonly accepted (as was the previous hurdle during the Frye era) but that error rates, assessment of reliability and validation studies are published to support their use. This new degree of judicial scrutiny has been mirrored in the field of dentistry itself, where organisations search and summarise randomised controlled trials in order to recommend best practice and devise clinical care pathways that are firmly grounded in proven scientific research. Despite the obvious drive from both of these professions, forensic dentistry, and in particular the sub-discipline of bitemark analysis, has been remarkably slow to address the obvious deficiencies in the evidence base that underpins this element of forensic science. Reviews of the literature reveal that the vast majority of published works are case reports, and very little primary literature exists. This paper reviews those studies that have assessed aspects of bitemark analysis including the crucial issue of the uniqueness of the human dentition; the application of transparent overlays and the application of statistical probabilities in bitemark conclusions. There are numerous barriers to undertaking high quality research in the field of bitemark analysis, the most important of which is the use of a gold-standard that is acceptable both in terms of diagnostic research but is also forensically relevant. If bitemark analysis is to continue to play a role in the judicial process then there is an urgent need for high quality studies that meet the levels of forensic and scientific scrutiny applied to other disciplines within the criminal justice system. Studies are required to determine not that the human dentition is unique, but how this asserted uniqueness is represented on human skin and other substrates. The error rates associated with the analysis of bitemarks are required on a procedural level as well as an individual practitioner basis and scales and interpretative indices of bitemark severity and forensic significance should be validated and introduced into common use.     

Hyperspectral imaging in forensic science: An overview of major application areas

Analysis of evidence is a challenge. Crime scene materials are complex, diverse, sometimes of an unknown nature. Forensic science provides the most critical applications for their examination. Chemical tests, analytical methods, and techniques to process the evidence must be carefully selected by the forensic scientist. Ideally, it may be interpreted, analyzed, and judged in the original context of the crime scene. In this sense, hyperspectral imaging (HSI) has been employed as an analytical tool that maintains the integrity of the samples/objects for multiple and sequential analysis and for counter-proof exams. This paper is an overview of forensic science trends for the application of HSI techniques in the last ten years (2011–2021). The examination of documents was the main area of exploration, followed by bloodstain analysis aging process; trace analysis of explosives and gunshot residue. Chemometric tools were also addressed since they are crucial to obtain the most important information from the samples. There are great challenges in applying HSI in forensic science, but there have been clear technological and scientific advances, and a solid foundation has been built for the use of HSI in real-life cases.