scholarly journals A call for more science in forensic science

2018 ◽  
Vol 115 (18) ◽  
pp. 4541-4544 ◽  
Author(s):  
Suzanne Bell ◽  
Sunita Sah ◽  
Thomas D. Albright ◽  
S. James Gates ◽  
M. Bonner Denton ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Financial Support ◽  
Scientific Community ◽  
Dna Analysis ◽  
National Commission ◽  
Department Of Justice ◽  
Administration Of Justice ◽  
Forensic Scientists ◽  
To Come

Forensic science is critical to the administration of justice. The discipline of forensic science is remarkably complex and includes methodologies ranging from DNA analysis to chemical composition to pattern recognition. Many forensic practices developed under the auspices of law enforcement and were vetted primarily by the legal system rather than being subjected to scientific scrutiny and empirical testing. Beginning in the 1990s, exonerations based on DNA-related methods revealed problems with some forensic disciplines, leading to calls for major reforms. This process generated a National Academy of Science report in 2009 that was highly critical of many forensic practices and eventually led to the establishment of the National Commission for Forensic Science (NCFS) in 2013. The NCFS was a deliberative body that catalyzed communication between nonforensic scientists, forensic scientists, and other stakeholders in the legal community. In 2017, despite continuing problems with forensic science, the Department of Justice terminated the NCFS. Just when forensic science needs the most support, it is getting the least. We urge the larger scientific community to come to the aid of our forensic colleagues by advocating for urgently needed research, testing, and financial support.

The Uncertain Future of Forensic Science

Daedalus ◽  
2018 ◽  
Vol 147 (4) ◽  
pp. 99-118 ◽  
Author(s):  
Jennifer L. Mnookin
Keyword(s):  
Forensic Science ◽  
National Commission ◽  
Current State ◽  
Tool Mark ◽  
Bite Mark ◽  
The Creation ◽  
Forensic Scientists ◽  
Uncertain Future ◽  
Courtroom Testimony ◽  
Institutional Stakeholders

Forensic science is at a crossroads. In the last two decades, often-used forms of pattern evidence, such as fingerprint, tool mark, and bite mark identification, have faced significant criticism for lacking adequate scientific validation or proven reliability. Is this the beginning of a sea change, signaling the rise of a science-based, empirically grounded approach to these forms of evidence, both in the courtroom and in the crime laboratory? Or has the increased attention produced Band-Aids rather than meaningful and lasting cures? This essay argues that the current state of forensic science reform is both “half empty” and “half full.” Looking first at bite mark evidence, then at modifications in the language used by forensic scientists for their courtroom testimony, and, finally, at the creation and the elimination of the National Commission on Forensic Science, this essay argues that we have thus far seen modest and meaningful – but far from adequate or transformative – reform. Our best hope for sustained, substantial changes necessary for improving forensic science evidence within our system of justice requires the creation of another national commission or other institutional body, made up of both research scientists and other institutional stakeholders, and situated as to prevent “capture” by either forensic practitioners or advocates within our adversarial system.

scholarly journals TACTICAL TECHNIQUE: DEFINITION LOGIC NEEDS REVISION

2020 ◽  
Vol 6 (4) ◽  
pp. 112-119
Author(s):  
A. B. Sokolov
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Mode Of Action ◽  
Preliminary Investigation ◽  
Scientific Validity ◽  
Acceptance Criteria ◽  
Fundamental Idea ◽  
Enforcement Officer ◽  
Law Enforcement Officer ◽  
Forensic Scientists

To understand the essence of the phenomenon under study allows the appropriate and correct use of concepts. Today we can meet cases when an erroneous understanding of the meaning of the terms used leads to a false interpretation of their meaning. We believe that a similar situation develops in forensics when studying the concept of tactical technique. In the article, based on the analysis of the opinions of forensic scientists, the definitions and signs of a tactical technique presented in the science of forensic science are investigated. The conclusion is drawn about their ambiguity. The author's understanding of a tactical technique is presented, indicating its essential features: 1) mode of action, 2) compliance with certain criteria of admissibility. The article describes the content component of each of these signs. An analysis of the positions of forensic scientists is given, on the basis of which it is concluded that the criteria for the admissibility of a tactical technique should include scientific validity and predictable effectiveness. Indicators of the predicted effectiveness of tactical reception are determined. It is concluded that legality and ethics should be considered as a fundamental idea, guiding principles, extending to the activities of the law enforcement officer as a whole. The criteria for the admissibility of a tactical technique should be understood and studied as a particular manifestation of this activity, which is subject to the general principles of conducting a preliminary investigation. It is stated that the essential features of a tactical technique and its acceptance criteria are not the same thing. The terms criteria of admissibility of tactical technique and criteria of admissibility of using tactical technique are related. Considering that they are one and the same, it is concluded that there is no expediency of using the term criterion of admissibility of the use of a tactical technique in forensic science.

scholarly journals Forensic support of the activities of forensic science institutions and pre-trial investigation and inquiry bodies in counteraction to crime

2021 ◽  
Vol 23 (1) ◽  
pp. 61-74
Author(s):  
O. Yukhno
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Dna Analysis ◽  
Molecular Genetic ◽  
Legal Framework ◽  
Modern State ◽  
Law Enforcement Agencies ◽  
Scientific Paradigm ◽  
Criminal Offenses ◽  
Forensic Expert

 Pressing issues of forensic support of activities of pre-trial investigation and inquiry bodies in countering criminal offenses are outlined. The concept and essence of crime counteraction are considered. The article analyzes the national criminal procedural legislation, departmental regulatory legal framework and their amendments concerning the direction under study, genesis of scientific findings on theoretical and applied issues of forensic support of the activities of pre-trial investigation and inquiry bodies in this direction, as well as the genesis of the concept and essence of forensic science as a science. The modern state of the development of forensic science, current high-priority issues and feasibility of changing the scientific paradigm of forensic science as well as the use of innovations are studied; ways for their improvement are proposed. Theoretical and applied problematic issues of criminalistics are subject to thorough study and resolution. Fundamental changes are required both in criminalistics in general and in particular in its individual areas. The current legislation, law enforcement agencies, forensic science institutions, prosecutors’ bodies and judicial bodies, as well as law enforcement, in which modern advances in science and technology (in particular, computer and telecommunication technologies) are being implemented should be reformed. The article highlights such problematic issues as the improvement of the forensic characteristics of cer-tain types of crimes, forensic techniques combining forensic techniques and tac-tics. The issue of further implementation in law enforcement and forensic expert activities of promising molecular genetic examinations for pre-trial investigation bodies, including the method of DNA analysis is outlined separately and fully. Relying on the results of research, specific author proposals and recommenda-tions are provided on the studied area of activity in general and in individual directions.

scholarly journals THE SYSTEM OF LAW ENFORCEMENT AGENCIES INTERACTING WITH FORENSIC SCIENCE INSTITUTES

2020 ◽  
Vol 22 (2) ◽  
pp. 211-225
Author(s):  
S. Naumenko
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
General Category ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Regulatory Frameworks ◽  
Common Goals ◽  
Special Knowledge ◽  
Forensic Scientists ◽  
The Concept Of Law

The article outlines the content and features of the system of law enforcement agencies interacting with forensic science institutes. The concept of law enforcement agencies and their system are studied. The characteristics of the general category of interaction of law enforcement agencies with forensic science institutes have been determined. Signs of interaction of forensic science institutes with law enforcement agencies have been established. It is also found that today problems of cooperation of law enforcement agencies with forensic scientists require detailed study and identification of gaps in legal and regulatory frameworks, determination of ways for their elimination. It should be emphasized that signs of cooperation of forensic science institutions with law enforcement agencies may include the following: joint activity of the indicated legal entities regulated by administrative regulations and other fields of law; agreed on goals, tasks, place, time, means and methods of activity; aimed at achieving common goals and results; the content of interaction is determined by set tasks and results, it is aimed at fulfilling them; parties bear responsibility for nonperformance or improper execution of interaction tasks. Cooperation of forensic science institutes with law enforcement authorities called to provide skilled, rapid and objective execution of criminal proceedings tasks as well as application of special knowledge in other areas of law-enforcement activity.

scholarly journals Relevant issues in determining the quantity of drugs (d-Lysergide, LSD, LSD-25) for the purposes of the Russian criminal legislation

2021 ◽  
pp. 72-86
Author(s):  
Akhmat Seit-Umarovich Teunaev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Scientific Community ◽  
Case Law ◽  
Alternative Methods ◽  
Equal Protection ◽  
The Social ◽  
Administration Of Justice ◽  
Criminal Legislation

The object of this research is the social relations arising in the sphere of counter-drugs activity. The author outlines the problems of law enforcement in the context of determining the quantity of d- Lysergide (LSD, LSD-25). The scientific community is divided over the conclusions and recommendations on determination of the quality and quantity of LSD for the purposes of criminal legislation. Infringement of the rights of defendants to equal protection is observed. Special attention is given to the existing investigative practice and case law, the results of which allow formulating the key elements of the research. The author carefully examines foreign experience in determining the quantity of the drug d- Lysergide, and reveals similar issues within the Russian legal field. Some authors truly believe that the current regulation contradicts the fundamental principles of the administration of justice, while others offer alternative methods for resolution of contradictions, and this bringing the investigative practice and case law to uniformity, which would prevent the infringement of rights to equal protection. The goal of this research lies in consideration of the problems of determining the quantity of narcotic substance d-Lysergide (LSD, LSD-25), as well as in establishment of the conditions that would prevent violation of the rights of convicts. Based on research competence, the author makes recommendations for improvement of the existing procedure on determination of the narcotic substance under review.

PROBLEMS AND TRENDS OF DEVELOPMENT OF BRANCHES OF CRIMINALISTIC TECHNOLOGY

2017 ◽  
Author(s):  
Vitaliy Elyotnov ◽  
Keyword(s):  
Forensic Science ◽  
Video Recording ◽  
Theory And Practice ◽  
Controversial Issues ◽  
Forensic Photography ◽  
Forensic Research ◽  
Forensic Scientists ◽  
Further Development

The article examines the key provisions of traditional and developing branches of forensic technology as a branch of the forensic science. The article analyzes modern publications of domestic and foreign scientists dedicated to the problems of forensic technology. Discussion issues and gaps existing in the theory and practice of such branches of forensic technology as forensic photography and video recording, forensic phonoscopy, forensic traceology, forensic weapons science, forensic documentation, forensic research of substances, materials and products, forensic registration, etc. The opinions of individual forensic scientists on the resolution of controversial issues of forensic technology are given. The scientific directions that have not received at present recognition of independent branches of forensic technology are indicated. The promising areas of research in the framework of the branches of forensic technology are named, the main trends of its further development are formulated.

ARBITRATION FLASH JUSTICE?

2021 ◽  
Vol 11 (1) ◽  
pp. 60-77
Author(s):  
A.R. SULTANOV
Keyword(s):  
Law Enforcement ◽  
Point Of View ◽  
Judicial System ◽  
Court Decision ◽  
Sources Of Information ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Russian Science ◽  
Administration Of Justice ◽  
External Conditions

In this article, the author attempts to comprehensively consider such a concept as “flash justice”. The study of this concept, new for Russian science, takes place through the prism of law enforcement practice and the use of many illustrative examples of judicial acts, interviews with representatives of the judicial system and other sources of information. The mentioned phenomenon is considered and evaluated from the point of view of not only civil and arbitration, but also criminal proceedings, where examples are more colorful and clear. The author also cites foreign, in particular English, legal experience as an example. Thus, it is noted that a draft judicial act can be prepared by both the court staff, and its individual provisions can be prepared by the parties. At the same time, the existing guarantees related to the prevention of misleading the judge, as the author notes, contribute to the formulation of the draft court decision, which reflects only the objective facts established by the court and meets the criteria of truth and legality. Also, the article indirectly touches on certain retrospective aspects related to the development of the institution of judicial decision, as well as its transformations in the light of the changing external conditions of the administration of justice.

Who Will Keep the Public Healthy? Assuring a Legally Prepared Workforce

2003 ◽  
Vol 31 (S4) ◽  
pp. 81-83 ◽  
Author(s):  
Mary Anne Viverette ◽  
Jennifer Leaning ◽  
Susan K. Steeg ◽  
Kristine M. Gebbie ◽  
Maureen Litchveld
Keyword(s):  
Law Enforcement ◽  
International Association ◽  
Department Of Justice ◽  
Law Enforcement Agencies ◽  
Rigorous Evaluation ◽  
The Public ◽  
Chiefs Of Police ◽  
The Law ◽  
And Performance ◽  
Evaluation Techniques

The Commission on the Accreditation of Law Enforcement (CALEA) employs rigorous evaluation techniques. Objective accreditation, such as made possible by CALEA, is important from the public’s perspective and in the national community of law enforcement.To counteract a general distrust of law enforcement agencies, the Law Enforcement Assistance Administration (LEAA) developed a grant to develop standards by which the quality and performance of law enforcement could be measured. LEAA developed 107 standards and, though well received by the law enforcement community, no single group or agency took the initiative to begin a program to evaluate and implement the standards. In 1979, the Department of Justice established an additional grant that effectively organized the four major law enforcement groups: the International Association of Chiefs of Police, the National Sheriff’s Association, the National Organization of Black Law Enforcement Executives, and the Police Executive Research Forum.

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