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.     

中世纪欧洲法医学溯源

法医学是应用病理学、生物学、生物化学和其他医学科学理论和技能解决法律问题,为侦查和审判提供证据的科学。法医学学科属性是医学,其目的是解决法律问题,因而法医学同时具有自然科学和人文科学属性。现今,我们对于法医学的研究往往局限在自然科学领域,而对其人文学科属性却有所忽视。当代西方法医学起源自中世纪的欧洲大陆,当时罗马法和教会法占统治地位,它们没有设立陪审团制度,而且允许对嫌疑人进行刑讯逼供,而英美法系的司法审判程序设立了陪审团制度。在这两种司法体制下,法医医学证言、证词逐步形成了两种形式：英美法系控诉式诉讼体制下的言辞证据形式和罗马法诉讼中纠问体制下的书证形式。本文将对中世纪欧洲的法医学进行溯源研究,从欧洲法医学的起源和发展角度,完善法医学史研究内容,为世界法医学史比较研究提供借鉴。     

法庭科学的表述与法律证明

法庭科学评价意见在法庭上陈述的方式应当与法官所要求、陪审团实际应用的刑事证明程序相兼容。这并非一个数值性的归纳过程,而是在探求排除合理怀疑证明标准下的“最佳解释推理”。面临的问题并不是控方主张的数学概率问题,而是在全面考量了法庭上出示的所有证据后,控方主张是否为唯一可解释假说的问题。为确保陪审团仍然能专注地运用这一法律证明标准,笔者主张,控方提出的评价性法庭科学证据不应当以似然比的形式在强调若控方主张为真便更有可能认定证据,而应聚焦于本方证据对辩方有利的解释范围并在被告被定罪之前排除掉所有这些解释的合理可能性。     

“CSI效应”对香港华人群体的科学证据感知评估

电视是向公众传递信息的强大媒介。最近,法庭科学和刑事司法相关题材内容在各种媒体激增,伴随着公众对法庭证据的期望提高,"CSI效应"(犯罪现场调查影视剧效应)应运而生。本研究对CSI效应的探讨有两个方面的贡献。第一,验证了在香港中国人群中是否存在CSI效应。第二,采用模拟陪审团模式,从实证角度出发全面考察CSI效应。研究发现,尽管涉及法庭科学证据的媒体报道数量确实在某种程度上影响了参与者对法庭证据的感知,但这种感知并不影响参与者对法律的判断。法庭科学题材影视剧的观众在控方仅出示法庭证据时不可能判定被告有罪,在仅出示证词时也不可能判定被告有罪。当提交法庭证据时,唯一判定被告有罪的重要预测因素是参与者对科学证据可靠性的评价。本研究的结果表明在香港不存在CSI效应。     

Revelation and Rhetoric: A Critical Model of Forensic Discourse

Over the past thirty years or so, theoretical work in such fields as legal semiotics and law and literature has argued that the legal process is profoundly rhetorical. At the same time, a number of communication-based disciplines such as semiotics, sociolinguistics and linguistic anthropology have provided, particularly in interdisciplinary combination with law, a wealth of empirical evidence on, and insight into, the micro-contexts of language and communication in the legal process. However, while these invaluable nitty-gritty analyses provide empirical support for a rhetorical thesis, work in these areas has tended to ignore rhetoric as an explanatory principle. This article introduces an overarching rhetorical framework for the discursive construction and management of cases in contemporary Anglo-American legal processes. Taking ‘forensic’ as relating to the conduct of cases and ‘discourse’ as semiosis-in-practice, I argue that the practices within which forensic discourse is embedded are not, as the received legal view would have it, aimed at revealing an impartial truth but are deeply rhetorical practices aimed at persuading decision-makers to provide a remedy for a claimed wrong. By looking across forensic texts and contexts, I identify common elements of forensic discourse that can be found both in classical forensic orations and throughout the modern legal process and consider how these intersect with critical forces of agency and structure and the particularities of semiosis in situated context. An awareness of commonalities across forensic discourse can help sharpen our focus on the critical causes and consequences of individual and structural difference and point to consequential suggestions for reform.     

Do we need a forensic science teaching network?

The challenging events of the past year have forced those of us working in higher education to adapt our teaching practices to conform to the restrictions put in place. For many this has been an opportunity to take a fresh view of the way material has been delivered in the past, and critically reflect on how it might be delivered in the future. There has been an explosion of innovative ideas and the introduction of support networks such as ‘#RemoteForensicCSI’ to aid with sharing these new innovations and examples of good practice.However, the past year has also helped to highlight a lack of an established network that could support the teaching of forensic science in the UK. Teaching networks within the UK exist for related disciplines, such as the Royal Society of Chemistry’s Higher Education Chemistry Teaching Network, but no network focuses on the teaching challenges specific to forensic science. Such a network could help to address the gap in pedagogical research to help support more effective teaching and give learners the best opportunities possible. This would complement the work of the Chartered Society of Forensic Science including upholding accreditation standards and the existing Link Member Scheme, whilst providing an environment to specifically support the teaching of forensic science. Any network could also look to link with other networks internationally such as the Council of Forensic Science Educators in the USA and identify examples of good practice worldwide that could be used to enhance and inform forensic science teaching in the UK.The teaching of forensic science is multifaceted with a need to strike a balance between practical skills and theoretical knowledge. Like many vocational courses forensic science teaching staff have a diverse range of backgrounds, encompassing both academic and practitioner experience. This results in a range of experiences and approaches to teaching and delivery, creating a fantastic melting pot for ideas, but outlets for sharing these innovative approaches are limited. This article will highlight some of the pedagogical gaps within forensic science teaching and areas that we could learn from. Most importantly, it will issue a clarion call to those working in this area to push for a UK Forensic Teaching Network.     

Palynology: its position in the field of forensic science

Here we examine the current state of palynology in the field of forensic science. Forensic palynology is discussed with reference to other forensic disciplines to help understand what is required for its progress. Emerging developments are also discussed. Palynomorphs potentially deliver excellent trace evidence, fulfilling the requirements relating to the transfer, persistence, and detection of such evidence. Palynological evidence can provide very powerful investigative and associative evidence. Despite this, the application of palynology to forensic science has had mixed success. There are many anecdotal stories where pollen evidence has had spectacular successes. But it is extremely underutilized in most countries because it is labor-intensive and requires considerable expertise and experience, there is a lack of control over sample collection and inadequate resourcing and funding, and its crime-solving power is not well known. Palynology has been applied to forensic problems in an unstructured way, resulting in a lack of formalized discussion of the underlying principles. As there is renewed questioning of the acceptability of most evidence types in the current legal environment, there is a need for the establishment of palynological evidence through validation-type studies and experimentation, and the implementation of independent proficiency testing.     

Scientific integrity in the forensic sciences: Consumerism,conflicts of interest,and transparency

The goal of this paper is to discuss scientific integrity, consumerism, conflicts of interest, and transparency within the context of forensic science. Forensic scientists play crucial roles within the legal system and are constantly under various pressures when performing analytical work, generating reports based on their analyses, or testifying to the content of these reports. Maintaining the scientific integrity of these actions is paramount to supporting a functional legal system and the practice of good science. Our goal is to discuss the importance of scientific integrity as well as the factors it may compromise, so that forensic practitioners may be better equipped to recognize and avoid conflicts of interest when they arise. In this discussion we define terms, concepts, and professional relationships as well as present three case studies to contextualize these ideas.     

Legal evaluation of the attacks caused by artificial intelligence-based lethal weapon systems within the context of Rome statute

Artificial intelligence (AI) as of the level of development reached today has become a scientific reality that is subject to study in the fields of law, political science, and other social sciences besides computer and software engineering. AI systems which perform relatively simple tasks in the early stages of the development period are expected to become fully or largely autonomous in the near future. Thanks to this, AI which includes the concepts of machine learning, deep learning, and autonomy, has begun to play an important role in producing and using smart arms. However, questions about AI-Based Lethal Weapon Systems (AILWS) and attacks that can be carried out by such systems have not been fully answered under legal aspect. More particularly, it is a controversial issue who will be responsible for the actions that an AILWS has committed. In this article, we discussed whether AILWS can commit offense in the context of the Rome Statute, examined the applicable law regarding the responsibility of AILWS, and tried to assess whether these systems can be held responsible in the context of international law, crime of aggression, and individual responsibility. It is our finding that international legal rules including the Rome Statute can be applied regarding the responsibility for the act/crime of aggression caused by AILWS. However, no matter how advanced the cognitive capacity of an AI software, it will not be possible to resort to the personal responsibility of this kind of system since it has no legal personality at all. In such a case, responsibility will remain with the actors who design, produce, and use the system. Last but not least, since no AILWS software does have specific codes of conduct that can make legal and ethical reasonings for today, at the end of the study it was recommended that states and non-governmental organizations together with manifacturers should constitute the necessary ethical rules written in software programs to prevent these systems from unlawful acts and to develop mechanisms that would restrain AI from working outside human control.     

DNA evidence in South Africa: Lessons learned to date

A trend was noted over the past 15 years in the South African courts. This trend has a multi-factorial origin and highlights the problems faced in the use of forensic science evidence in court. Although there have been improvements on how DNA evidence is gathered and presented in court, due to the fact that certain cases have been contested at the DNA evidence level, multiple issues remain that have not yet been addressed when DNA evidence is submitted to court. These issues include: accreditation, regulation of the forensic science profession, continued education, training of court officials, quality assurance, biased testimony, lack of transparency with regard to processes and procedures followed in the forensic community, incorrect interpretation of DNA evidence, lack of scientific knowledge (including the scientific method) by DNA experts, awareness by the legal profession and an over emphasis on the prosecuting perspective. These same aspects continue to plague current cases. Despite the above, the window of opportunity to address the above has not yet passed. However, it will take continuous and concerted efforts from the scientific and legal professions to bring about the appropriate change to facilitate justice for all in South Africa.     

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.     

Examining the Science and Practice of Violence Risk Assessment with Female Adolescents

While the field of violence risk assessment among adult males has progressed rapidly, several questions remain with respect to the application of forensic risk assessment tools within other populations. In this article, we consider the empirical evidence for the assessment, prediction, and management of violence in adolescent girls. We discuss limitations of generalizing violence risk assessment findings from other populations to adolescent girls and point out areas where there is little or no empirical foundation. Critical issues that must be addressed in research prior to the adoption or rejection of such instruments are delineated. Finally, we provide practice guidelines for clinicians currently involved with adolescent females within risk assessment contexts.     

网络环境下的法医学循证

法医学是当前司法鉴定中的重要组成部分,其研究内容广泛,具有高度的专业性。随着网络技术的发展、信息资源的增加以及人们法律意识的增强,法医学必然会面临许多新问题,对诉讼证据的要求标准也越来越高。鉴于此,在法医学领域应建立起循证的理念,通过循证的方式在法医学以及相关领域内寻求最合适的解决法医学实务中具体问题的证据,循证不但能够及时解决法医学领域的现行问题,其对于法医学的进步与发展也将具有重大的推动作用。本文综述了循证的基本理论及其在法医学领域的作用,以及循证的途径、方法、证据的评价,并探讨网络环境下法医学循证的应用价值。     

The Quality of Forensic Psychological Assessments,Reports, and Testimony: Acknowledging the Gap Between Promise and Practice

During the past decade, the field of forensic psychological assessment entered a period of standard setting, reflected in the publication of specialty guidelines for practice and in the proliferation of educational opportunities, training programs, and credentialing and certification procedures for forensic examiners. Representing significant efforts to advance the quality of psychological assessments in legal contexts, these developments foreshadow the promise of forensic assessment. During this same time period, new evidence emerged regarding the quality of forensic practice. This article reviews this evidence and evaluates current practice against the promise of forensic assessment. Forensic reports appear to be of higher quality than those described by commentators in the 1970s and early 1980s; nevertheless, the level of practice falls far short of professional aspirations for the field. The review identifies significant areas of weakness that demand the attention of professional organizations, accrediting agencies, educators, lawmakers, practitioners, and consumers.The truth is what is, not what should be.--Lenny Bruce     

Forensic identification science evidence since Daubert: Part II--judicial reasoning in decisions to exclude forensic identification evidence on grounds of reliability

Many studies regarding the legal status of forensic science have relied on the U.S. Supreme Court's mandate in Daubert v. Merrell Dow Pharmaceuticals Inc., and its progeny in order to make subsequent recommendations or rebuttals. This paper focuses on a more pragmatic approach to analyzing forensic science's immediate deficiencies by considering a qualitative analysis of actual judicial reasoning where forensic identification evidence has been excluded on reliability grounds since the Daubert precedent. Reliance on general acceptance is becoming insufficient as proof of the admissibility of forensic evidence. The citation of unfounded statistics, error rates and certainties, a failure to document the analytical process or follow standardized procedures, and the existence of observe bias represent some of the concerns that have lead to the exclusion or limitation of forensic identification evidence. Analysis of these reasons may serve to refocus forensic practitioners' testimony, resources, and research toward rectifying shortfalls in these areas.     

Shifting forensic science focus from means to purpose: A path forward for the discipline?

Forensic science is facing a persistent crisis that is often addressed by organizational responses, with a strong focus on the improvement and standardisation of means and processes. However, organisations and processes are highly dependent on the political, economical and legal structures in which they operate. This may explain why most proposed solutions had difficulties in addressing the crisis up to now, as they could hardly be applied transversally to all forensic science models. Moreover, new tools and technologies are continuously developed by a quasi-infinite number of different scientific disciplines, thus leading to further diversity and fragmentation of forensic science. In this paper, it is proposed to shift the focus from means to purpose and consider forensic science current challenges in terms of discipline, before addressing organisations’ specific issues. As a distinct discipline, forensic science can refocus research and development on shared principles and purposes, such as reconstructing, monitoring, and preventing crime and security issues. This focus change will facilitate a better understanding of the trace as the object of study of forensic science and eventually lead to a more impactful and long-lasting effect. This approach will also foster the development of a forensic science culture (instead of a primarily technological culture) unified by purpose rather than means through more relevant education and research.     

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.     

Wrongful convictions and claims of false or misleading forensic evidence

The results are reported of a study to examine case factors associated with 732 wrongful convictions classified by the National Registry of Exonerations as being associated with “False or Misleading Forensic Evidence.” A forensic error typology has been developed to provide a structure for the categorization and coding of factors relating to misstatements in forensic science reports; errors of individualization or classification; testimony errors; issues relating to trials and officers of the court; and evidence handling and reporting issues. This study, which included the analysis of 1391 forensic examinations, demonstrates that most errors related to forensic evidence are not identification or classification errors by forensic scientists. When such errors are made, they are frequently associated with incompetent or fraudulent examiners, disciplines with an inadequate scientific foundation, or organizational deficiencies in training, management, governance, or resources. More often, forensic reports or testimony miscommunicate results, do not conform to established standards, or fail to provide appropriate limiting information. Just as importantly, actors within the broader criminal justice system—but not under the purview of any forensic science organization—may contribute to errors that may be related to the forensic evidence. System issues include reliance on presumptive tests without confirmation by a forensic laboratory, use of independent experts outside the administrative control of public laboratories, inadequate defense, and suppression or misrepresentation of forensic evidence by investigators or prosecutors. In approximately half of wrongful convictions analyzed, improved technology, testimony standards, or practice standards may have prevented a wrongful conviction at the time of trial.     

The final destination: Incorporating ‘Death by GPS’ into forensic and legal sciences

This article seeks to give visibility to a growing program: Motorists who set out for travel following directions from their GPS device and never return. These occurrences have gained the moniker ‘Death by GPS’. From giving incorrect directions, to taking motorists to isolated areas, to directing motorists into unsafe neighborhoods, GPS technology has led several people into catastrophic scenarios. This article is split into two sections. In the first section, the varying causes of Death by GPS are examined, alongside notable cases. In the second section, as Death by GPS is understudied in forensic science and legal spaces, the author explores the societal and scientific benefits of filling this gap. Relying on relevant collision figures, cultural trends, death science, legal studies, and ethics literature, this article produces groundwork on the growing issue of Death by GPS and identifies areas for future exploration.