scholarly journals Typical Mistakes in Forensic Examinations on Disputes Related to Child-Rearing

2020 ◽  
Vol 15 (3) ◽  
pp. 60-75
Author(s):  
E. V. Vaske ◽  
F. S. Safuanov ◽  
T. N. Sekerazh
Keyword(s):  
Child Rearing ◽  
Judicial Process ◽  
Pedagogical Expertise ◽  
Expert Opinions ◽  
Forensic Examination ◽  
Psychological Examination ◽  
Expert’S Opinion ◽  
Professional Requirements ◽  
Forensic Expert ◽  
Judicial Errors

The article analyses errors when appointing and conducting a forensic examination of disputes related to children’s upbringing. When summarizing expert practice in this category of civil cases (based on the study of 97 expert opinions on forensic psychological examination), the most significant errors were identified: incorrect determination of the type of expertise (including the appointment of psychological and pedagogical expertise which does not have a methodological basis as forensic examination), non-compliance with the qualification requirements to a forensic expert and, as a result, the introduction of an improper subject of forensic expert activity into the judicial process, an expert’s going beyond the limits of specialized knowledge and procedural powers, the incompleteness of research, the use of invalid research methods and techniques, and other methodological violations, associated with the incorrect assessment of the results of psychological diagnostics, inaccurate phenomenological analysis of essential phenomena of child-parent relations.Considering that due to the facts to be proved are essential for deciding on a case, the expert’s opinion is of particular importance and can significantly affect the formation of the court’s inner conviction, which means that expert errors significantly increase the risk of judicial errors. The article substantiates the urgent necessity of the early enactment of a legal act regulating experts’ responsibility for the level of their qualifications and setting professional requirements to experts.

scholarly journals Bias in Forensic Examination

2022 ◽  
Vol 16 (4) ◽  
pp. 6-16
Author(s):  
A. V. Kokin
Keyword(s):  
Contextual Information ◽  
Technical Analysis ◽  
Research Process ◽  
Forensic Examination ◽  
Expert’S Opinion ◽  
Negative Effect ◽  
Forensic Expert ◽  
Internal Influences

The article discusses various aspects of the influence of bias on the formation of conclusions of a forensic expert. The author highlights that the negative effect of bias is especially significant in identification examinations, where the conclusions are based on subjective interpretations of the results of marks comparison (toolmark, fingerprint, firearms examinations, and others). The author also notes that there is no clear border between objectivity and subjectivity in forensic examinations. All types of forensic examinations exist in an objective-subjective continuum, which causes different conclusions’ reliability. Since subjectivity is the basis for bias formation, minimizing its impact can be achieved in several ways – increasing the “transparency” of documenting the research process, technical analysis and verification of an expert’s opinion, applying quantitative criteria for evaluating the matching features in the compared marks. The most logical way to reduce the influence of bias is to eliminate the causes that give rise to this phenomenon. These are the excessive contextual information provided to the expert, the expert’s deviation from the requirements of methodological recommendations in examining the objects, and various external and internal influences.

scholarly journals Legal, Organizational and Methodological Challenges of Providing Forensic Support for Intellectual Property Protection

2019 ◽  
Vol 14 (3) ◽  
pp. 6-14
Author(s):  
E. R. Rossinskaya
Keyword(s):  
Intellectual Property ◽  
Professional Training ◽  
Methodological Approach ◽  
Technical Committee ◽  
Federal Law ◽  
Procedural Law ◽  
Expert Opinions ◽  
Forensic Examination ◽  
Forensic Expert ◽  
Court Proceedings

When examining legal, organizational and methodological issues of forensic expertise for the protection of intellectual property the most common forensic examinations are authorship investigation, computer forensic examination, phonoscopic, linguistic, engineering, patent examinations as well as examination of documents. Comparative analysis of the procedural status of an expert in various types of process and in the federal law “On State Forensic Expert Activities in the Russian Federation” is given. Specialist’s procedural position and the evidentiary value of the results of his participation in various types of proceedings in the cases of this category are analysed. Attention is paid to organizational and legal issues of conducting forensic examinations in non-state expert organizations. Based on the analysis of an array of expert opinions, specialists’ opinions and advice on issues related to intellectual property performed in more than 50 nongovernmental organizations positioning themselves as forensic and on monitoring of the websites of these organizations on the Internet, it has been established that the quality of opinions and consultations has little to do with the information provided on the sites. Scientists and specialists for whom forensic expert activity is not the primary one are often involved in conducting forensic examinations in these organizations. They do not know the basics of substantive and procedural law; they do not always realize the legal consequences of their opinions for the participants in court proceedings and exceed their competence. In context of a specific example typical mistakes in cases related to the protection of intellectual property often made by non-state experts are shown. Although the legislator declares the unity of the scientific and methodological approach to expert practice, professional training and the specialization of experts, these requirements often are not met. There is no unity of forensic expert techniques developed in different departments. For other participants in legal proceedings these techniques are practically inaccessible and their testing and implementation are still not often done at the interdepartmental level. The importance of the activities of the Technical Committee for Standardization TC 134 “Forensic examination” is emphasized.

scholarly journals On the Issue of Evidentiary Value of Expert Opinion

2021 ◽  
Vol 16 (4) ◽  
pp. 152-159
Author(s):  
L. V. Lazareva ◽  
S. V. Pokrovskiy
Keyword(s):  
Expert Opinion ◽  
Validity And Reliability ◽  
Unified Approach ◽  
Expert Opinions ◽  
Forensic Examination ◽  
Forensic Practice ◽  
Forensic Expert

The paper discusses the issues of using expert opinions, which are ambiguously interpreted in the theory of criminal procedural evidence. Particular attention is given to the study of the circumstances influencing the formation of the expert’s conclusions. It is shown that the existing legal mechanisms do not sufficiently regulate certain issues of forensic expert activity. Analyzing forensic practice, the authors draw attention to the observance of the conditions under which the expert opinion acquires evidentiary value. It was revealed that the irrefutability of expert conclusions is influenced not only by the competence of a forensic expert, but also by the scientific and methodological support of forensic expert activity. The authors criticize the position according to which an expert can involve a specialist when formulating the conclusions of the examination. The paper proposes some ways for improving the comprehensiveness and objectivity of the expert research, ensuring the completeness, as well as the validity and reliability of the conclusions made by the expert. Taking into account the modern achievements of forensic examination, the necessity of applying a unified approach to the training of forensic experts of different specializations, as well as the methodological support of this field of activity, is substantiated.

scholarly journals Forms of Expert Knowledge Application in Land Disputes Settlement

2019 ◽  
Vol 14 (3) ◽  
pp. 26-33
Author(s):  
O. V. Zhukova
Keyword(s):  
Expert Knowledge ◽  
Court Decision ◽  
Knowledge Application ◽  
Quality Work ◽  
Expert Opinions ◽  
Forensic Examination ◽  
Special Place ◽  
Land Disputes ◽  
Land Survey ◽  
Forensic Expert

When considering land disputes, a court examines a large amount of evidence. In this forensic land survey expertise has taken a special place since its findings often form the basis of the court decision. The correct and prompt consideration of the dispute depends on the quality work of an expert.The paper reviews a range of problems emerging when appointing a land survey expertise, preparing materials for the forensic examination, assessing forensic expert opinions and other evidence by the court. Inter alia, it is essential to correctly determine the type of examination, the list of necessary documents to conduct it, to estimate the duration of the study. The author reveals the possibilities of expansion of a specialist’s advisory activities at the expertise appointment stage to reduce the time of its conduct.

scholarly journals ABOUT FORENSIC EXPERT PARTICIPATION IN CASES OF ADMINISTRATIVE OFFENSES

2018 ◽  
Vol 18 ◽  
pp. 194-202
Author(s):  
O. P. Uhrovetskyi ◽  
O. O. Sviderskyi
Keyword(s):  
Legal Status ◽  
Actual Data ◽  
Forensic Research ◽  
Forensic Examination ◽  
Special Knowledge ◽  
Forensic Expert ◽  
Research Decision ◽  
Structure Complexity ◽  
Administrative Proceedings ◽  
Procedural Rights

The authors allocate in administrative proceedings in cases of administrative offenses among other participants to a forensic expert who takes a special place in this process and give a description of legal status of forensic expert in cases on administrative offenses taking into account the peculiarities of expert involving stage in administrative proceedings. The authors emphasize that at various stages of administrative proceedings a forensic expert performs one function: performing examination. At the central stage of administrative proceedings, namely consideration of the case on an administrative offense and adoption of the resolution therein by authorized authority to consider an administrative offense. If there is a need to use of special knowledge, forensic examination is assigned and opportunity is provided to expert to exercise procedural rights and obligations and submit examination conclusion as a result of expert research. Decision on forensic examination assignment in cases of administrative offenses in the jurisdiction is usually performed in resolutions of the authorized authority (official) that is in charge of proceedings administrative offense. Expert conclusion is an independent means of proof in administrative proceedings. Structure complexity of expert conclusion as a procedural document lies in the fact that it derives from the structure of a special forensic research, since it reflects its features. Expert conclusion is subject to investigation and verification by the court and actual data contained therein are judged by general rules, since they are actual data about certain circumstances of objective reality. It is concluded that participation of expert in proceedings on administrative offenses at the present stage is as fully possible realized at the second central stage of proceedings in consideration of case on administrative offense.

scholarly journals MEANS OF COUNTERACTING THE PROVISION OF AN INTENTIONALLY MISLEADING CONCLUSION BY AN EXPERT

2016 ◽  
Vol 15 ◽  
pp. 180-188
Author(s):  
M. V. Shepitko
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Legal Proceedings ◽  
Forensic Examination ◽  
Special Knowledge ◽  
Psychological Influence ◽  
Forensic Expert ◽  
The Law ◽  
Misleading Conclusion

The article deals with the problems of counteracting the provision of an intentionally misleading conclusion by an expert. It analyzes the rights, obligations and liabilities of an expert. The research focuses on the fact that a forensic expert differs from other participants to criminal legal proceedings - he/she has special knowledge. According to his/her legal status an expert is engaged in this activity on a permanent basis using the powers given by the Law of Ukraine «On forensic examination» and procedural laws. The article pays particular attention to the forms of obligations undertaken by an expert in the course of a pretrial investigation and trial - warning of criminal liability, the oath by an expert. With this regard the article specifies common and distinctive traits of the abovementioned oaths showing different purposes that the lawmaker had in mind while drafting them. It is important to point out to the conclusion that the mechanism of counteracting the provision of an intentionally misleading conclusion by an expert is a means of psychological influence. This episode may indicate a possibility of excessive intimidation of this participant of the criminal legal proceedings.

scholarly journals INFLUENCE OF INTEGRATION AND DIFFERENTIAL PROCESSES IN MODERN PSYCHOLOGY ON FORENSIC PSYCHOLOGICAL EXAMINATION

2016 ◽  
Vol 16 ◽  
pp. 371-378
Author(s):  
N. V. Alikina ◽  
T. N. Egorova ◽  
V. Savkina
Keyword(s):  
Methodological Issues ◽  
Scientific Psychology ◽  
Differential Approach ◽  
Modern Psychology ◽  
Forensic Examination ◽  
Psychological Examination

Consideration is given to theoretical and methodological issues of conducting the forensic psychological examination. The paper determines its subject, object and tasks in the aspects of scientific psychology and forensic examination; the grounds for the identification of substantive types of forensic psychological examinations and the implementation of the differential approach when they are appointed and conducted; outlines the prospects for the development of new researches in the aspect of integration processes.

scholarly journals Procedural features of the interaction between the forensic expert and the investigator at the scene related to the use of firearms

Legal Ukraine ◽  
2020 ◽  
pp. 20-25
Author(s):  
Keyword(s):  
Poor Quality ◽  
Public Security ◽  
Forensic Examination ◽  
Criminal Offenses ◽  
Legislative Framework ◽  
The Subject ◽  
Forensic Expert ◽  
Conducting Research ◽  
High Level

The article examines the features of the interaction of a forensic expert and an investigator at the scene of an incident involving the use of firearms, and the determination of the expert’s error when performing his functions in the investigation of criminal offenses related to the use of firearms. The specified list of criminal offenses, the subject of which is firearms, and also analyzed the statistics on the number of registered crimes under the selected article and the percentage of these crimes to crimes against public security committed in the same year. The legislative framework governing the activities of a forensic expert has been checked. The definitions of the concept of “forensic examination” are also given, the essence of interaction between the investigator and the forensic expert is characterized and their forms are indicated. The issues of the features of conducting research with firearms by a forensic expert have been studied. It was proposed to improve the skills of forensic experts to eliminate the poor-quality conclusions of the expert and further facilitate the rapid conduct of the pre-trial investigation at a high level. It was noted about the expediency of interaction between the investigator and the forensic expert by the beginning of the appointment of a forensic examination by prior agreement of questions, the answers to which the investigator wants to see in the expert’s conclusion. It is also recommended to transfer the authority to collect materials and objects that will be subject to expert research to the forensic expert who will conduct the research, and not to the investigator or specialist. Key words: forensic expert, investigator, firearms, procedural features.

scholarly journals On the Form and Content of a Forensic Handwriting Expert’s Opinion

2019 ◽  
Vol 14 (2) ◽  
pp. 51-60
Author(s):  
M. V. Zhizhina ◽  
I. R. Yagut’yan
Keyword(s):  
Forensic Examination ◽  
Expert’S Opinion ◽  
Forensic Institutions ◽  
Research Scientists

The content of a forensic handwriting expert’s opinion has been holding attention of both research scientists and practicing experts for many decades now since it is not only an essential evidence in court often being crucial to deciding on a case but also a document bringing together procedural and scientific methodological elements.   Forensic handwriting examination is much in demand for court, it is also profoundly and comprehensively developed, supported by detailed methodological recommendations on drafting and processing of an expert’s opinion. However, the analysis of experts’ opinions from state forensic institutions as well as from non-state brought to light several shortcomings which do not enhance their evidentiary status. This applies in particular to performing the forensic examination by non-state experts who tend to lack competence. At the same time the number of forensic handwriting examinations assigned by court to the non-state forensic institutions prevails significantly.The most common mistakes made by the handwriting experts when drafting opinions are reviewed in the article, some ways to resolve them are proposed. The need to provide methodological recommendations for forensic handwriting experts incorporating current requirements to the experts’ opinions is acknowledged. 

scholarly journals International Forensic Cooperation and Advocacy

2020 ◽  
Vol 14 (4) ◽  
pp. 43-54
Author(s):  
A. Ya. Asnis ◽  
Sh. N. Khaziev
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
Cognitive Bias ◽  
Unique Case ◽  
Innocent Victim ◽  
Expert Opinions ◽  
Forensic Examination ◽  
Criminal Defense ◽  
Bar Association

The article discusses the interaction of lawyers involved in criminal defense and the international forensic community, the principles of international cooperation in the field of forensic examination. Information is provided on forensic aspects of the activities of the United Nations, the European Criminal Bar Association and a specific case of the participation of fingerprint experts from a range of countries in a unique case on protection of an innocent victim of an expert error is described. The importance of taking into account the cognitive bias of experts and other subjective factors, as well as the role of lawyers in assessing expert opinions, is noted. The main conclusions and recommendations on the interaction of the forensic and advocate communities in current conditions are presented.

Sign in / Sign up

Export Citation Format

Share Document