The Need for a Lenient Admissibility Standard for Defense Forensic Evidence

2018 ◽  
Author(s):  
Myeonki Kim
Keyword(s):  
Forensic Evidence

Sem/X-Ray Applications to the Forensic Science Field

1976 ◽  
Vol 34 ◽  
pp. 390-391
Author(s):  
K. Culbreth
Keyword(s):  
Forensic Science ◽  
Depth Of Field ◽  
Surface Phenomena ◽  
Criminal Cases ◽  
Forensic Evidence ◽  
Science Field ◽  
X Ray ◽  
Hit And Run ◽  
Evaluation Of Evidence ◽  
Scanning Electron

The introduction of scanning electron microscopy and energy dispersive x-ray analysis to forensic science has provided additional methods by which investigative evidence can be analyzed. The importance of evidence from the scene of a crime or from the personal belongings of a victim and suspect has resulted in the development and evaluation of SEM/x-ray analysis applications to various types of forensic evidence. The intent of this paper is to describe some of these applications and to relate their importance to the investigation of criminal cases.The depth of field and high resolution of the SEM are an asset to the evaluation of evidence with respect to surface phenomena and physical matches (1). Fig. 1 shows a Phillips screw which has been reconstructed after the head and shank were separated during a hit-and-run accident.

Miscarriage by Expert

2018 ◽  
Vol 49 (2) ◽  
pp. 245
Author(s):  
Susan Glazebrook
Keyword(s):  
Careful Consideration ◽  
Expert Evidence ◽  
Forensic Evidence ◽  
Miscarriage Of Justice

This article examines the role expert evidence plays in court and some of the risks surrounding such evidence. Through the examination of several tragic cases of miscarriage of justice, this article warns of the dangers of relying unquestionably on expert evidence and calls for a careful consideration of the evidence as each case comes before the courts. The value of good forensic evidence in the investigation and prosecution of crime is nevertheless recognised.

Forensik und Fiktion. Zur Geschichte von Indizien zwischen Wahr-Werden und Wahrscheinlich-Sein

2019 ◽  
Vol 48 (1) ◽  
pp. 29-55
Author(s):  
Antonia Eder
Keyword(s):  
18Th Century ◽  
Circumstantial Evidence ◽  
Forensic Evidence

Abstract The ambivalent status of circumstantial evidence has been intensively discussed since the 18th century, in both fiction and forensics. (Forensic) evidence is both hermeneutic and material – a phenomenon of ambiguity: the conclusions to be drawn from clues are generated by an amalgam of enlightened promises of objectivity and the opaque materiality of the surface. According to the forensic and juridical hope associated with circumstantial evidence, neutral things do not lie, but show (evidentia) as pars pro toto the actual facts in nuce. Yet every fact, every thing remains tied back to a closing instance, to the investigative and hermeneutic conclusions of thought: this opens the operational field of literature. Poetic dynamics enable literature to simultaneously cope with indexed ambiguity and indeterminacy, both by producing them, and by reflecting on them by means of detective-investigative self-observation.

The CSI Effect

2017 ◽  
Author(s):  
Jason Chin
Keyword(s):  
Forensic Science ◽  
Burden Of Proof ◽  
High Standard ◽  
Juror Decision Making ◽  
Scholarly Work ◽  
Television Programs ◽  
Forensic Evidence ◽  
Csi Effect ◽  
Real Phenomenon ◽  
Scene Investigation

The CSI Effect posits that exposure to television programs that portray forensic science (e.g., CSI: Crime Scene Investigation) can change the way jurors evaluate forensic evidence. The most commonly researched hypothesis under the CSI Effect suggests that shows like CSI depict an unrealistically high standard of forensic science and thus unreasonably inflate the expectations of jurors. Jurors are thus more likely to vote to acquit, and prosecutors face higher burden of proof. We review (1) the theory behind the CSI Effect, (2) the perception of the effect among legal actors, (3) the academic treatment of the effect, and (4) how courts have dealt with the effect. We demonstrate that while legal actors do see the CSI Effect as a serious issue, there is virtually no empirical evidence suggesting it is a real phenomenon. Moreover, many of the remedies employed by courts may do no more than introduce bias into juror decision making or even trigger the CSI Effect when it would not normally occur (i.e., the self-fulfilling prophesy). We end with suggestions for the proper treatment of the CSI Effect in courts, and directions for future scholarly work.

Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

2016 ◽  
Vol 13 (1) ◽  
pp. 220-247
Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Legal Framework ◽  
New Method ◽  
Criminal Investigation ◽  
Forensic Evidence ◽  
Administration Of Justice ◽  
Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

Forensic Data Extraction and Analysis of Left Artifacts on emulated Android Phones: A Case Study of Instant Messaging Applications

2017 ◽  
Vol 2 (11) ◽  
pp. 8-16
Author(s):  
Moses Ashawa ◽  
Innocent Ogwuche
Keyword(s):  
Mobile Phones ◽  
Instant Messaging ◽  
Data Extraction ◽  
Digital Evidence ◽  
Cyber Attack ◽  
Forensic Evidence ◽  
Digital Forensic ◽  
Proportional Increase ◽  
Forensic Tools

The fast-growing nature of instant messaging applications usage on Android mobile devices brought about a proportional increase on the number of cyber-attack vectors that could be perpetrated on them. Android mobile phones store significant amount of information in the various memory partitions when Instant Messaging (IM) applications (WhatsApp, Skype, and Facebook) are executed on them. As a result of the enormous crimes committed using instant messaging applications, and the amount of electronic based traces of evidence that can be retrieved from the suspect’s device where an investigation could convict or refute a person in the court of law and as such, mobile phones have become a vulnerable ground for digital evidence mining. This paper aims at using forensic tools to extract and analyse left artefacts digital evidence from IM applications on Android phones using android studio as the virtual machine. Digital forensic investigation methodology by Bill Nelson was applied during this research. Some of the key results obtained showed how digital forensic evidence such as call logs, contacts numbers, sent/retrieved messages, and images can be mined from simulated android phones when running these applications. These artefacts can be used in the court of law as evidence during cybercrime investigation.

scholarly journals Ten years of molecular ballistics—a review and a field guide

2021 ◽  
Author(s):  
Jan Euteneuer ◽  
Cornelius Courts
Keyword(s):  
Model Building ◽  
Crime Scene ◽  
Forensic Evidence ◽  
Biological Targets ◽  
Contrast Method ◽  
History Of ◽  
Scene Investigation ◽  
Blood Pattern Analysis ◽  
Wound Ballistic ◽  
Objective Investigation

AbstractMolecular ballistics combines molecular biological, forensic ballistic, and wound ballistic insights and approaches in the description, collection, objective investigation, and contextualization of the complex patterns of biological evidence that are generated by gunshots at biological targets. Setting out in 2010 with two seminal publications proving the principle that DNA from backspatter collected from inside surfaces of firearms can be retreived and successfully be analyzed, molecular ballistics covered a lot of ground until today. In this review, 10 years later, we begin with a comprehensive description and brief history of the field and lay out its intersections with other forensic disciplines like wound ballistics, forensic molecular biology, blood pattern analysis, and crime scene investigation. In an application guide section, we aim to raise consciousness to backspatter traces and the inside surfaces of firearms as sources of forensic evidence. Covering crime scene practical as well as forensic genetic aspects, we introduce operational requirements and lay out possible procedures, including forensic RNA analysis, when searching for, collecting, analyzing, and contextualizing such trace material. We discuss the intricacies and rationales of ballistic model building, employing different tissue, skin, and bone simulants and the advantages of the “triple-contrast” method in molecular ballistics and give advice on how to stage experimental shootings in molecular ballistic research. Finally, we take a look at future applications and prospects of molecular ballistics.

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