scholarly journals Myths about fingerprint evidence: Basic facts countering miscarriage of justice. Part 2

2021 ◽  
Vol 59 ◽  
pp. 117-138
Author(s):  
Saleh Mansour ◽  
Shital Zade ◽  
Shipra Rohatgi ◽  
Slobodan Oklevski
Keyword(s):  
Justice System ◽  
Crime Scene ◽  
Initial Investigation ◽  
The Difference ◽  
Basic Facts ◽  
Scientific Facts ◽  
Miscarriage Of Justice

This is the second part of the study that aims at highlighting twenty-four myths about fingerprint evidence. In this paper, the authors are going to explicate and clarify the difference between the scientific facts and the wrongful concepts that negatively affect the justice system and the effective usage of fingerprint evidence starting from the initial investigation at the crime scene until the final trial at the courtroom.

scholarly journals Myths about fingerprint evidence: Basic facts countering miscarriage of justice. Part 1

2021 ◽  
Vol 59 ◽  
pp. 95-115
Author(s):  
Saleh Mansour ◽  
Shital Zade ◽  
Shipra Rohatgi ◽  
Slobodan Oklevski
Keyword(s):  
Justice System ◽  
Time Factors ◽  
Crime Scene ◽  
New Approach ◽  
Fingerprint Enhancement ◽  
Technological Developments ◽  
Scene Investigation ◽  
Basic Facts ◽  
Scientific Facts ◽  
And Training

The long practice of fingerprint science is accompanied by confusing thoughts affecting the interpretation of the fingerprint evidence recovered from a crime scene, and, consequently, prosecutors and judges’ decisions as well. However, despite the tremendous scientific and technological developments relating to fingerprint enhancement, processing, and usage, which clarify precise facts regarding the influence of deposition circumstances, substrate, light, air, temperature, and time factors on fingerprint secretions, misconceptions about fingerprints are still widespread within the law enforcement and judicial system. This problem prevents the proper usage of fingerprints in fighting crimes and supporting the justice system by strong physical evidence. This study aims to highlight some scientific facts about fingerprints as well as a new approach and reconceptualization of fingermarks as a tool for crime scene investigation and training. The article discusses twenty-four myths about fingerprints – part 1 covers ten of them and part 2 discusses the other fourteen. 

The Protection of the Accused from Miscarriage of Justice

1997 ◽  
Vol 31 (1-3) ◽  
pp. 590-611
Author(s):  
A.A.S. Zuckerman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Small Proportion ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Trial ◽  
Large Measure ◽  
The Public ◽  
Miscarriage Of Justice

The criminal trial system is regarded as standing at the pinnacle of the state's machinery for dealing with crime. But the courts deal with only a small proportion of crimes committed. Their function is more indirect: to express societal disapproval through a public and somewhat theatrical show. This is not to denigrate the role of the courts or dismiss it as futile. The criminal trial does have important functions in the development of norms for criminal responsibility and in fostering respect for the law. But its success in this regard hinges on the extent to which it is perceived as a just and effective method for dealing with those charged with crime. Put crudely, the success of the criminal justice system turns in large measure in the success of the show it puts on. But theatre is good only for as long as it is able to carry the audience with it, which, in the case of the courts, this means as long as the public is prepared to accept their verdicts at face value.

scholarly journals Differing Perception of DNA Evidence and Intelligence Capabilities in Criminal Investigations

2020 ◽  
Author(s):  
Nathan Scudder ◽  
Sally F. Kelty ◽  
Janie Busby Grant ◽  
Casey Montgomerie ◽  
Simon J. Walsh ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Online Survey ◽  
Genetic Material ◽  
Crime Scene ◽  
Careful Analysis ◽  
Dna Evidence ◽  
Different Types ◽  
New Form ◽  
Dna Technology

The ability to predict physical characteristics from DNA presents significant opportunities for forensic science. Giving scientists an ability to make predictions about the donor of genetic material at a crime scene can then give investigators new intelligence leads for cold cases where DNA evidence has not identified any person of interest. However, the interpretation of this new form of intelligence requires careful analysis. The responses to an online survey, conducted in 2018-19, were used to examine how actors in the criminal justice system assess and interpret different types of DNA evidence and intelligence. The groups of focus for the survey were investigators, legal practitioners and the general public (as potential jurors). Several statistically significant effects were identified based on occupation and whether an individual had prior exposure to new DNA technology. Monitoring how those involved in interpreting reports from different types of DNA evidence and intelligence interpret them helps to ensure that decisions are made based on a sound understanding of their capabilities and limitations and may inform broader training and awareness strategies.

scholarly journals Innocent in the Dark

2021 ◽  
Vol 2 (3) ◽  
pp. 277-304
Author(s):  
Victor Beltran Roman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Biological Evidence ◽  
Accessibility Issues ◽  
The U.S ◽  
Miscarriage Of Justice

Preservation of biological evidence can profoundly impact criminal justice as it can be essential to establish the innocence of a convicted person and thus make evident a miscarriage of justice. The paper provides information and insights regarding the State’s duty to preserve biological evidence in criminal justice, thus improving accessibility issues in the post-conviction review in Chile. In doing so, the paper looks beyond Chile’s borders and seeks to obtain lessons from the U.S. States’ preservation statutes. The research uses law comparison to assess and comprehend the appropriateness of Chilean regulation and then to identify areas for improvement in the criminal justice system.

Aboriginal juveniles and the criminal justice system: The case of Victoria

1996 ◽  
Vol 21 (3) ◽  
pp. 11-22
Author(s):  
Michael Mackay
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Aboriginal People ◽  
Aboriginal Youth ◽  
Level Of Involvement ◽  
Police Data ◽  
The Difference ◽  
High Level

In the light of continuing concern about the high level of involvement of Aboriginal people in the criminal justice system, this article examines the 1993/94 police data for Victoria. The focus is on juvenile ‘alleged offenders processed’. The data shows contact commencing early and a continuing high level of contact with the system, especially for young Aboriginal males. Although there has been a reduction in the over-representation ratio of Aboriginal juveniles in juvenile corrective institutions, the difference in rates at all points in the system compared to non-Aboriginal youth is substantial.Longer-term consequences including the likelihood of adult incarceration are serious and the need for more research and action is clearly signalled.

Scientific literacy as collective praxis

2002 ◽  
Vol 11 (1) ◽  
pp. 33-56 ◽  
Author(s):  
Wolff-Michael Roth ◽  
Stuart Lee
Keyword(s):  
Scientific Literacy ◽  
Ethnographic Study ◽  
Learning Science ◽  
Human Environment ◽  
Collective Activity ◽  
Different Types ◽  
Basic Facts ◽  
Scientific Facts ◽  
Science Educators ◽  
Water Problems

In this article, we conceive of scientific literacy as a property of collective activity rather than individual minds. We think of knowing and learning science as situated in and distributed across social and material aspects of a setting. To support the proposed conception, we provide several detailed cases from our three-year multi-site ethnographic study of science in one community, featuring different types of citizens who walk a creek, interact during an environment-oriented open-house event, discuss water problems, collect data, and have different conceptions of human-environment relations. The case studies show that collectively, much more advanced forms of scientific literacy are produced than any individual (including scientists) could produce. Creating opportunities for scientific literacy to emerge from collective activity, irrespective of whether one or more participants know some basic scientific facts, presents challenges to science educators very different from teaching basic facts and skills to individuals.

scholarly journals Innocent until proven guilty: Privacy-preserving search over a central CODIS criminal database from the field

2020 ◽  
Author(s):  
Jacob A. Blindenbach ◽  
Karthik A. Jagadeesh ◽  
Gill Bejerano ◽  
David J. Wu
Keyword(s):  
Justice System ◽  
Dna Analysis ◽  
Crime Scene ◽  
The United States ◽  
Dna Index ◽  
Dna Profile ◽  
Cryptographic Algorithm ◽  
Forensic Samples ◽  
Dna Profiles ◽  
Database Match

AbstractThe presumption of innocence (i.e., the principle that one is considered innocent until proven guilty) is a cornerstone of the criminal justice system in many countries, including the United States. DNA analysis is an important tool for criminal investigations1. In the U.S. alone, it has already aided in over half a million investigations using the Combined DNA Index System (CODIS) and associated DNA databases2. CODIS includes DNA profiles of crime scene forensic samples, convicted offenders, missing persons and more. The CODIS framework is currently used by over 50 other countries3 including much of Europe, Canada, China and more. During investigations, DNA samples can be collected from multiple individuals who may have had access to, or were found near a crime scene, in the hope of finding a single criminal match4. Controversially, CODIS samples are sometimes retained from adults and juveniles despite not yielding any database match4–6. Here we introduce a cryptographic algorithm that finds any and all matches of a person’s DNA profile against a CODIS database without revealing anything about the person’s profile to the database provider. With our protocol, matches are immediately identified as before; however, individuals who do not match anything in the database retain their full privacy. Our novel algorithm runs in 40 seconds on a CODIS database of 1,000,000 entries, enabling its use to privately screen potentially-innocent suspects even in the field.

scholarly journals Perbandingan Hukum Peradilan Tata Usaha Negara dan Verwaltungsgerecht sebagai Perlindungan Hukum Rakyat

2019 ◽  
Vol 21 (1) ◽  
pp. 1-22
Author(s):  
Dani Habibi
Keyword(s):  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Court System ◽  
Legal Research ◽  
Judicial Process ◽  
Comparison Approach ◽  
The Difference ◽  
The Government

Permasalahan hukum yang akan dibahas dalam tulisan ini mengenai gambaran sistem Peradilan Tata Usaha Negara Jerman dan Peradilan Tata Usaha Negara di Indonesia. Sistem Peradilan Tata Usaha Negara Jerman pada hakikatnya sama dengan sistem Peradilan Tata Usaha Negara di Indonesia. Sistem tersebut dapat dilihat dari adanya jenjang sistem peradilan mulai dari tingkat pertama, tingkat banding, dan tingkat akhir atau kasasi. Selain itu akan diulas berkaitan dengan proses peradilan, dasar-dasar dilakukannya gugatan yang diajukan terhadap pemerintah serta cara pelaksanaan proses peradilan tata usaha negara di masing-masing negara. Metode penelitian adalah penelitian hukum normatif dengan pendekatan peraturan perundang-undangan dan perbandingan hukum. Tujuan dari penelitian ini untuk mengetahui sistem Peradilan Tata Usaha Negara baik di Indonesia maupun di Jerman serta mengetahui perbedaam sistem Peradilan Tata Usaha Negara baik di Indonesia maupun di Jerman serta melakukan suatu pembaruan sistem Peradilan Tata Usaha Negara di Indonesia sebagai bentuk suatu perlindungan hukum kepada rakyat A Comparative Law of Administrative Court and Verwaltungsrecht as a Form of Legal Protection to People Legal issues that will be discussed in this paper regarding the description of the Germany Administrative Court system and the Indonesia Administrative Court system. Generally, There are similarities between the Administrative Court system in Germany and in Indonesia. It can be seen from the level of the justice system starting from the first level, the appeal level and the final level or cassation. In addition, this paper will review the judicial process, the basics of lawsuit against the government and how to implement the state administrative court processes in each country. The research method is normative legal research with legislation and legal comparison approach. The purpose of this research is to find out the Administrative Court System and to know the difference between the Administrative Courts System both in Indonesia and in Germany and also to reform the Administrative Court system in Indonesia as a form of legal protection for people.

The Initial Investigation

2017 ◽  
Author(s):  
Robert G. Lawson
Keyword(s):  
Cause Of Death ◽  
Police Department ◽  
Crime Scene ◽  
The Public ◽  
Initial Investigation ◽  
Local Newspapers ◽  
Dead End ◽  
Crime Scene Investigators ◽  
The Media ◽  
Release Of Information

This chapter examines the investigation of Betty Gail Brown’s murder. It details the crime scene investigators found the night Betty Gail was located, as well as the autopsy performed to determine cause of death. Within a few hours of the murder, the police department mobilized close to twenty detectives and other officers to work around the clock looking for witnesses and evidence of the crime. The usual reluctance to release information to the media and the public did not prevail, and the police release of information about the Brown murder was truly extraordinary. Two days after the police discovered Betty Gail’s body and after her photograph had appeared in local newspapers, a waitress at a restaurant regularly frequented by Transylvania students contacted police authorities to report she had information that might be important to their investigation. She told investigators that she had seen the murder victim in the restaurant where she worked at some point in time between midnight and 1 o’clock on the night of the killing. Unfortunately, after many attempts, the waitress could not identify the victim’s companion on the night of the murder, and the early lead provided by the waitress turned into a dead end.

scholarly journals THE DISTINCTION LAW OF PROCEDURE OF CORRUPTION CASE AND THE GENERAL COURT IN INDONESIAN CRIMINAL JUSTICE SYSTEM

2021 ◽  
Vol 6 (2) ◽  
pp. 302
Author(s):  
Sukmareni Sukmareni ◽  
Roni Efendi ◽  
Riki Zulfiko
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Ad Hoc ◽  
Secondary Data ◽  
The State ◽  
Judicial Process ◽  
Procedural Law ◽  
The Difference ◽  
Article 5

The Corruption Crime Court which based on Article 5 of the corruption Court Law has the authority to examine, adjudicate and decide on the corruption crime cases, money laundering crimes that was initiated by corruption crime and criminal acts that are expressly stipulated in other laws that considered as corruption act. The existence of sovereignty possessed by the State gives rise to jurisdiction (the authority to judge) in regulating the needs of the state both internally and externally. As a sovereign country, Indonesia has jurisdiction in resolving internal and external problems. There are three questions of the research; 1) What is the procedural law of the General Court in the Indonesian criminal justice system? 2) What is the procedural law of the Corruption Crime Court in the Indonesian criminal justice system?, 3) What is the difference between the procedural law of the Corruption Crime Court compared to the law of the General Court in the Indonesian criminal justice system ?.This research is hoped that the procedural laws used in the General Courts and the Corruption Crime Courts will be known, as well as the differences in the procedural laws used in the two Courts. This research is descriptive, using a normative juridical approach, especially the legal approach, used are secondary data as the main legal material in the form of laws relating to the procedural law of general courts and Corruption Crime courts. and qualitative analisis. Based on the research, it was found that differences in the procedural law of Corruption Crime courts compared to general court procedural law in the Indonesian criminal justice system were seen in the independence  of the Corruption Crime court institutions and the material that became the authority and the judicial process with the composition and members of the Panel of Judges consisting of career judges and ad hoc judges. division of duties for the presiding judge and its members, the period of time for the examination of the Corruption Crime and the evidence used, as well as their secret registrations which are also special in nature.

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