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.     

Problem-based analysis of bitemark misidentifications: the role of DNA

The dental literature concerning bitemark methodology is surprisingly thin and sorely lacking in rigorous scientific testing. Contra to this fact, the bitemark legal caselaw is surprisingly strong and is used as a substitute for reliability testing of bite mark identification. In short, the Judiciary and the Prosecutors have loved forensic odontologists. This paper will focus on the author's participation as a Defense expert over the last seven years in over 50 bitemark prosecutions and judicial appeals. This sampling will act as an anecdotal survey of actual bitemark evidence. Certain trends regarding methods and reliability issues of odontologists will be discussed. Several of these cases have been later judicially overturned due to DNA analyses after the defendants were originally convicted. These diagnostic misadventures are being vocally discussed in the US media by news and legal investigators who are asking hard questions. The forensic dentistry community, however, is curiously silent. What actions are necessary by the profession to improve this assault on the 52-year tradition of bite mark identifications in the United States?     

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.     

《刑事诉讼法》有关鉴定问题的修改与评价

《刑事诉讼法修正案》就鉴定意见作为证据的名称、省政府指定医院、鉴定人出庭的法律后果、鉴定人人身保障以及有专门知识的人出庭协助公诉人、当事人和辩护人、诉讼代理人就鉴定意见提出意见等方面作出了修改,其意义是不可低估的。同时,由于修改的内容在前瞻性上不明显,有些重要的问题,如鉴定启动权、强制鉴定等没有涉及,仍需要司法鉴定制度改革予以进一步完善与弥补。     

Of earprints, fingerprints, scent dogs, cot deaths and cognitive contamination--a brief look at the present state of play in the forensic arena

Over the last decades, the importance of technical and scientific evidence for the criminal justice system has been steadily increasing. Unfortunately, the weight of forensic evidence is not always easy for the trier of fact to assess, as appears from a brief discussion of some recent cases in which the weight of expert evidence was either grossly over- or understated. Also, in recent years, questions surrounding the value of forensic evidence have played a major role in the appeal and revision stages of a number of highly publicized criminal cases in several countries, including the UK and the Netherlands. Some of the present confusion is caused by the different ways in which conclusions are formulated by experts working within the traditional approach to forensic identification, as exemplified by (1) dactyloscopy and (2) the other traditional forensic identification disciplines like handwriting analysis, firearms analysis and fibre analysis, as opposed to those working within the modern scientific approach used in forensic DNA analysis. Though most clearly expressed in the way conclusions are formulated within the diverse fields, these differences essentially reflect the scientific paradigms underlying the various identification disciplines. The types of conclusions typically formulated by practitioners of the traditional identification disciplines are seen to be directly related to the two major principles underpinning traditional identification science, i.e. the uniqueness assumption and the individualization principle. The latter of these is shown to be particularly problematic, especially when carried to its extreme, as embodied in the positivity doctrine, which is almost universally embraced by the dactyloscopy profession and allows categorical identification only. Apart from issues arising out of the interpretation of otherwise valid expert evidence there is growing concern over the validity and reliability of the expert evidence submitted to courts. While in various countries including the USA, Canada and the Netherlands criteria have been introduced which may be used as a form of input or output control on expert evidence, in England and Wales expert evidence is much less likely to be subject to forms of admissibility or reliability testing. Finally, a number of measures are proposed which may go some way to address some of the present concerns over the evaluation of technical and scientific evidence.     

Forensic science in South Africa: Status of the profession

The forensic science profession in South Africa is currently unregulated. There is also no national body that allows for the continued development or professional interaction of forensic scientists. The above has brought about a dire need to regulate the profession, in order to achieve the specific goals listed. To attain these objectives it is envisaged that the founding of a Forensic Science Academy in South Africa is of critical importance. The creation of a Forensic Science Academy was explored as the authors believe that such an Academy will provide structure to the profession of forensic science in South Africa – as well as paving the way towards regulation of the profession.     

刑事鉴定制度修改的背景、争议及解读

《刑事诉讼法》在鉴定问题上进行了大幅度地修改,改变了鉴定作为证据种类的名称,删除了"省级人民政府指定的医院"的规定,增加了对鉴定人出庭作证及其人身权利保障等内容,其进步意义应当是肯定的。然而,《刑事诉讼法》有关鉴定修改触及的内容均需要从修改的缘故、争议问题被修改的程度以及执行中可能遇到的障碍等方面予以理论分析与诠释,以便对此问题有一个科学的认识与理解。     

A logical framework to ballpoint ink dating interpretation

Since its beginnings, the forensic field of questioned documents has been concerned with the dating of inks. Ink ageing processes follow complex paths. Disagreements about the feasibility of current methods have been voiced worldwide among the scientific and legal communities. This controversy has been the starting point of the present work. Its aim was that of evaluating the interpretation processes of such evidence. Subjective statistical data have been assigned from earlier works and illustrate the kind of data necessary to date ballpoint ink, and how to use it for this purpose. This work also suggests that the court and scientific requirements for standards of reliability are not yet fulfilled by actual ink dating methods for regulatory use in expert testimony.     

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.     

Forensic human identification in the United States and Canada: A review of the law, admissible techniques, and the legal implications of their application in forensic cases

Forensic human identification techniques are successful if they lead to positive personal identification. However, the strongest personal identification is of no use in the prosecution - or vindication - of an accused if the associated evidence and testimony is ruled inadmissible in a court of law. This review examines the U.S. and Canadian legal rulings regarding the admissibility of expert evidence and testimony, and subsequently explores four established methods of human identification (i.e., DNA profiling, forensic anthropology, forensic radiography, forensic odontology) and one complementary technique useful in determining identity, and the legal implications of their application in forensic cases.     

法庭科学实践教学探索

法庭科学是以科学技术手段确认相关法律事实的证据,是诉讼活动与科学技术密切结合的产物。在社会法制化程度日趋提高的今天,法庭科学已经成为法学专业培养高级人才不可缺少的一门重要学科。由于法庭科学具有自然科学的属性,专业性、实践性很强,针对缺少法庭科学前期基础的法学学生而言,采用实验及多媒体组合等多种实践教学模式不仅能够缩短教学时间、提高教学效率,突破教学的重点和难点,保证教学质量,而且能够充分发挥学生学习的主动性,极大地促进其能力的培养和综合素质的提高。本文通过对法庭科学人才素质培养目标的论证,阐述了法庭科学实践教学的主要模式及必备的条件,并结合现阶段法庭科学实践教学中存在的主要问题,有针对性地提出了相关的完善措施。     

诉讼法视野中的法医DNA证据研究

作为一种科学证据,法医DNA证据在凶杀、性犯罪等案件的审判中被广泛运用。但是该证据能否最终被法庭采纳,取决于其提取、保管、送检以及鉴定过程中是否受到一系列严格的诉讼程序加以规范,并经过庭审的质证,从而最终通过法庭的审查判断。而庭审质证能否有效进行,又与警察、鉴定人出庭作证以及交叉询问制度的真正确立息息相关。     

New science,old convictions ? Texas Senate Bill 344: identifying further necessary reform in forensic science

In June 2013, Texas Senate Bill 344 (SB 344) was signed into law after strong Innocence Project support. SB 344 has since transformed the Texan judicial landscape. Known as the ‘Junk Science Writ’, SB 344 enables the court to grant habeas corpus relief based on scientific evidence that ‘(1) was not available to be offered by a convicted person at the convicted person''s trial; or (2) contradicts scientific evidence relied on by the state at trial’. Inmates, such as the ‘San Antonio Four’, whose convictions were based upon what is now considered ‘faulty’ medical and forensic testimony, have been released under SB 344. Yet, science, as a field dependent on innovation, is inherently prone to debunking the scientific and forensic methods the law has relied upon to convict individuals. This commentary identifies policy behind SB 344, how SB 344 may influence the perception of science in the courtroom, and how ‘junk science’ is defined and/or limited. Furthermore, this commentary concludes that to achieve justice in the legal system through habeas relief based on ‘junk science’, it is necessary to revitalize and standardize forensic science.     

Perceived infallibility of detection dog evidence: implications for juror decision-making

This study focuses on the trust that potential jurors have in unsubstantiated evidence and the implications of such trust for legal decision-making. We examined whether participants’ motivation to think deeply (‘need for cognition,’ NC) and belief in science moderated their trust in potentially fallible detection dog evidence when selecting a verdict in a trial scenario. A detection dog twice indicated the presence of drugs in the scenario, yet no drugs were actually found. Those who chose a guilty verdict without drugs present featured stronger beliefs in detection dog evidence. They were also more confident that a dog alert indicated the presence of drugs, even though the scientific literature actually shows that detection dog evidence is subject to biases and other challenges to reliability. Our findings indicate that an unsubstantiated belief and trust in detection dog evidence may negatively influence juror decision-making, which may, in turn, pose consequences for fairness and justice. Participants believed that detection dogs provide powerful and reliable evidence, and these beliefs were clearly associated with stronger beliefs in science. These findings, therefore, raise serious concerns about jurors’ indiscriminate trust in forensic evidence, be it detection dog evidence or other lines of evidence presented in court.     

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.     

电子物证检验

目的阐述电子物证检验技术的专业内容和组成,以及开展电子物证检验的作用和重要意义;方法研究美国、欧洲和国内电子证据及其检验鉴定的数据资料,结合国内物证检验技术发展现状和需求,论证电子物证检验技术;结果提出了电子物证检验定义、检验对象、技术方法、特点作用以及尽快在国内建立电子物证检验专业等观点;结论电子物证检验是关于识别、发现、提取、保存、恢复、展示、分析和鉴定电子设备中存在的电子信息(电子证据)的科学技术,其检验结果可以作案件侦查线索或法庭证据。开展电子物证检验可以有效提高犯罪侦查效率。     

The role of DNA in criminal indictments in Israel

In their investigations of criminal cases, law enforcement agencies rely heavily on forensic evidence. Numerous studies have examined the scientific and technological advancements of DNA testing, but little evidence exists on how the availability of DNA evidence influences prosecutors' decisions to move cases forward in the criminal justice system. We created a new database by juxtaposing data from the Forensics Division of the Israel Police, which recorded the presence (or not) of DNA profiles in criminal cases (n = 9862), and data on the indictment decision for each case (2008–2019). Rates of indictments are computed for each case, and trend lines are used to present variations in the rates of indictment decisions with and without DNA profiles. Approximately 15% of all criminal cases without DNA presented to the prosecutor's office are subsequently prosecuted, compared with nearly 55% of cases with DNA profiles. The presence of DNA evidence influences the prosecutor's decision to move a case forward in the criminal justice system. Utilizing a scientific approach to prosecute offenders is a welcome development; however, DNA evidence is not infallible, and caution must be exercised in regard to DNA's overuse in the legal system.     

Population data from the New South Wales Aboriginal Australian sub-population for the profiler plus autosomal short tandem repeat (STR) loci

It is a requirement that forensic DNA profiling evidence be accompanied by an estimation of its weight, in order that the court can assign an appropriate probative value to it during legal proceedings. There are various models by which this estimation can be made, but each relies on approximations of the allele frequencies in the relevant population. This report provides the results of population genetic analyses at nine autosomal short tandem repeat (STR) loci for the Aboriginal Australian sub-population of New South Wales, Australia.     

诉讼法视野中的法医DNA证据研究

作为一种科学证据,法医DNA证据在凶杀、性犯罪等案件的审判中被广泛运用。但是该证据能否最终被法庭采纳,取决于其提取、保管、送检以及鉴定过程中是否受到一系列严格的诉讼程序加以规范,并经过庭审的质证,从而最终通过法庭的审查判断。而庭审质证能否有效进行,又与警察、鉴定人出庭作证以及交叉询问制度的真正确立息息相关。     

A step towards improving workflow practices for volume crime investigations: outcomes of a 90-day trial in South Australia

The provision of forensic science services in volume crime investigations works most successfully as a partnership between police agencies and external forensic laboratories as opposed to a client/provider model where unlimited demand ignores finite resources. The principles of Lean Six Sigma have been applied in various laboratories to improve workflow through identification of wasteful work practices. These strategies are aimed at process optimisation through the application of triaging, a concept that has rarely been studied yet referenced strongly in the literature. The South Australia End to End 90-Day Trial: facilitating quicker justice through timely evidence processing, is a collaborative approach between South Australia Police and Forensic Science South Australia. This trial applied evidence-based policing principles, a law enforcement philosophy that uses research undertaken with scientific processes to inform law-enforcement decision-making. The results demonstrate how a review of processes and the removal of non-value adding activities can improve service delivery while not exhausting those ‘finite resources’.