Should Biological Evidence or DNA Be Retained by Forensic Science Laboratories after Profiling? No, except under Narrow Legislatively-Stipulated Conditions

2006 ◽  
Vol 34 (2) ◽  
pp. 375-379 ◽  
Author(s):  
R. E. Gaensslen
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Criminal Investigation ◽  
Criminal Case ◽  
Federal Legislation ◽  
Dna Profile ◽  
State Laws ◽  
Missing Persons ◽  
Science Laboratories ◽  
Dna Profiles

DNA profiling and databasing have become commonplace in criminal investigation and prosecution. There is a body of both state and federal legislation enabling the establishment and operation of profile databases for law enforcement purposes. Most legislation is specific as to who (or what evidence) may be profiled for inclusion in a database. The majority of state laws permit DNA profile databasing of offenders convicted of certain defined crimes, of missing persons and their relatives, and of DNA profiles from criminal-case evidence where the depositor is unknown. More recently, a few states have acted to permit databasing profiles of suspects of certain types of crimes, and there appears to be a trend toward wider adoption of this practice. The legislation adopted or proposed thus far defines whose DNA profiles can be databased, and under what circumstances. Less attention has been given to the matter of specimen retention following profiling and databasing.

scholarly journals Forensic Science in the Work of a Prosecutor: Nonsense or an Urgent Need?

2020 ◽  
Vol 15 (9) ◽  
pp. 113-119
Author(s):  
N. A. Danilova ◽  
T. G. Nikolaeva
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
Russian Federation ◽  
Professional Training ◽  
Criminal Procedure ◽  
Evidence Base ◽  
Criminal Case ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
On Site Inspection

The paper substantiates the position of the authors criticized by some modern domestic scientists on the need for a prosecutor to possess forensic knowledge when exercising supervision over the observance of law in the investigation of crimes. The results of an analysis of law enforcement practice, authors’ own experience in the system of advanced professional training of prosecutors and the examples of the prosecutorial examination of on-site inspection reports and expert findings for identification of not only violations of the criminal procedure law, but also errors of a criminalistic nature, support this position. This approach will allow the prosecutor to identify the existing gaps in the evidence base, determine the possibility, ways and means of filling them, and ultimately make a legal and informed decision. The authors conclude that only in the case of sufficient knowledge in the field of forensic science (recommendations for studying the materials of a criminal case on a particular type of crime, as well as the methodology for investigating this crime), the prosecutor’s decision to return the criminal case for additional investigation or other decisions provided for by the Code of Criminal Procedure of the Russian Federation, will be reasonable and motivated.

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

scholarly journals DMSO Improves the Ski-Slope Effect in Direct PCR

2021 ◽  
Vol 11 (4) ◽  
pp. 1943
Author(s):  
Joo-Young Kim ◽  
Ju Yeon Jung ◽  
Da-Hye Kim ◽  
Seohyun Moon ◽  
Won-Hae Lee ◽  
...  
Keyword(s):  
Dna Sequences ◽  
Pcr Amplification ◽  
Analytical Techniques ◽  
Direct Pcr ◽  
Dna Profile ◽  
Novel Technologies ◽  
Specific Amplification ◽  
Polymerase Chain ◽  
Dna Profiles

Analytical techniques such as DNA profiling are widely used in various fields, including forensic science, and novel technologies such as direct polymerase chain reaction (PCR) amplification are continuously being developed in order to acquire DNA profiles efficiently. However, non-specific amplification may occur depending on the quality of the crime scene evidence and amplification methods employed. In particular, the ski-slope effect observed in direct PCR amplification has led to inaccurate interpretations of the DNA profile results. In this study, we aimed to reduce the ski-slope effect by using dimethyl sulfoxide (DMSO) in direct PCR. We confirmed that DMSO (3.75%, v/v) increased the amplification yield of large-sized DNA sequences more than that of small-sized ones. Using 50 Korean buccal samples, we further demonstrated that DMSO reduced the ski-slope effect in direct PCR. These results suggest that the experimental method developed in this study is suitable for direct PCR and may help to successfully obtain DNA profiles from various types of evidence at crime scenes.

scholarly journals Autotetraploid Emergence via Somatic Embryogenesis in Vitis vinifera Induces Marked Morphological Changes in Shoots, Mature Leaves, and Stomata

Cells ◽  
2021 ◽  
Vol 10 (6) ◽  
pp. 1336
Author(s):  
Caterina Catalano ◽  
Loredana Abbate ◽  
Antonio Motisi ◽  
Dalila Crucitti ◽  
Vincenzo Cangelosi ◽  
...  
Keyword(s):  
Somatic Embryogenesis ◽  
Morphological Changes ◽  
Ploidy Levels ◽  
Dna Profile ◽  
Morphological Alterations ◽  
Cell Pair ◽  
Mature Leaves ◽  
Induction Process ◽  
Ploidy Changes ◽  
Dna Profiles

Polyploidy plays an important role in plant adaptation to biotic and abiotic stresses. Alterations of the ploidy in grapevine plants regenerated via somatic embryogenesis (SE) may provide a source of genetic variability useful for the improvement of agronomic characteristics of crops. In the grapevine, the SE induction process may cause ploidy changes without alterations in DNA profile. In the present research, tetraploid plants were observed for 9.3% of ‘Frappato’ grapevine somatic embryos regenerated in medium supplemented with the growth regulators β-naphthoxyacetic acid (10 µM) and N6-benzylaminopurine (4.4 µM). Autotetraploid plants regenerated via SE without detectable changes in the DNA profiles were transferred in field conditions to analyze the effect of polyploidization. Different ploidy levels induced several anatomical and morphological changes of the shoots and mature leaves. Alterations have been also observed in stomata. The length and width of stomata of tetraploid leaves were 39.9 and 18.6% higher than diploids, respectively. The chloroplast number per guard cell pair was higher (5.2%) in tetraploid leaves. On the contrary, the stomatal index was markedly decreased (12%) in tetraploid leaves. The observed morphological alterations might be useful traits for breeding of grapevine varieties in a changing environment.

A Double-Filter Provision for Expanded Red Flag Laws: A Proposal for Balancing Rights and Risks in Preventing Gun Violence

2020 ◽  
Vol 48 (S4) ◽  
pp. 126-132
Author(s):  
Gabriel A. Delaney ◽  
Jacob D. Charles
Keyword(s):  
Law Enforcement ◽  
Due Process ◽  
School Administrators ◽  
State Laws ◽  
Policy Model ◽  
Extreme Risk ◽  
Life Saving ◽  
Red Flag ◽  
Risk Protection ◽  
Main Component

In response to the continued expansion of “red flag” laws allowing broader classes of people to petition a court for the removal of firearms from individuals who exhibit dangerous conduct, this paper argues that state laws should adopt a double-filter provision that balances individual rights and government public safety interests. The main component of such a provision is a special statutory category — “reporting party” — that enables a broader social network, such as co-workers or school administrators, to request that a law enforcement officer file a petition for an Extreme Risk Protection Order (ERPO). A double-filter provision would not give reporting parties a right to file a court petition directly. Instead, parties would file a request for petition with law enforcement officers (first filter), who must seek an ERPO from the court if they find the reporting party's information credible. That information is then transmitted to the court (second filter) as a sworn affidavit of the reporting party. The goal is to facilitate a balanced policy model that (1) widens the reporting circle in order to feed more potentially life-saving information into the system, (2) mitigates the risk of erroneous deprivation of constitutionally protected due process and Second Amendment rights.

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Framework ◽  
Educational Process ◽  
Federal Legislation ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Internal Affairs ◽  
Legislative Activities

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

Practice of offender profiling in Japan

2017 ◽  
Vol 19 (3) ◽  
pp. 187-194 ◽  
Author(s):  
Kaeko Yokota ◽  
Hiroki Kuraishi ◽  
Taeko Wachi ◽  
Yusuke Otsuka ◽  
Kazuki Hirama ◽  
...  
Keyword(s):  
Forensic Science ◽  
National Survey ◽  
Prediction Accuracy ◽  
Current Situation ◽  
Demographic Characteristics ◽  
Statistical Analyses ◽  
Offender Profiling ◽  
Police Investigations ◽  
Science Laboratories ◽  
Crime Linkage

The main aim of this study was to determine the current situation of offender profiling in Japan. In addition, the accuracy of crime linkage and inferring offenders’ profiles were examined. To evaluate offender profiling comprehensively, we conducted a national survey of 156 people responsible for offender profiling between 2011 and 2012 to obtain their demographic characteristics and experience related to profiling. Furthermore, we also used a sample of 296 resolved cases to examine the content of profiling and the accuracy of predictions in offender profiling. The results of the statistical analyses revealed that police professionals from various backgrounds were engaged in profiling in Japan; 76% were police investigators, and 19% were professionals at forensic science laboratories engaged in psychological work. Regarding the utilization of profiling results in police investigations, 46% of profiling ‘led to identification of offender’. As for prediction accuracy, the rate of linkage errors (i.e. where profilers could not correctly link incidents even when they knew of the occurrence of these incidents) was 15%. Accurately inferring an offender’s profile was found to be between 72% (means of transportation) and 100% (sex). We also discussed the challenges faced by the police who practise offender profiling in Japan.

Medical Technologists in Forensic Science Laboratories in the United States

1991 ◽  
Vol 22 (1) ◽  
pp. 40-44
Author(s):  
Richard O. Pfau ◽  
John R. Snyder ◽  
Sally V. Rudmann ◽  
Joseph E. Scott
Keyword(s):  
United States ◽  
Forensic Science ◽  
The United States ◽  
Science Laboratories ◽  
Medical Technologists

scholarly journals ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Management Policy ◽  
Criminal Case ◽  
Judicial Process ◽  
Law Enforcement Officials ◽  
Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

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