scholarly journals Bias in Forensic Examination

2022 ◽  
Vol 16 (4) ◽  
pp. 6-16
Author(s):  
A. V. Kokin

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.

2020 ◽  
Vol 15 (3) ◽  
pp. 60-75
Author(s):  
E. V. Vaske ◽  
F. S. Safuanov ◽  
T. N. Sekerazh

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.


2021 ◽  
Vol 74 (1) ◽  
pp. 114-121
Author(s):  
Vasyl Kovalov ◽  

Active introduction of digital technologies in all spheres of life is one of the main directions of state development as a whole and separate sphere of activity. The issue of using information technologies and systems during forensic examination is the subject of scientific research of many domestic and foreign scientists, but this sphere remains relevant. The introduction of digital technologies in forensic activities is one of the priority areas for the forensic science development at the present stage and has significant development potential. One of the areas of optimization and improvement of forensic activity is the development of methods to automate the formation of forensic experts and unify the description of the research process, identified features, justification and formulation of forensic conclusions, which requires legislative consolidation and regulation, analysis and definition of the subject area and development requirements and algorithms for the operation of the system interface. Unification and standardization of the content of forensic experts' opinions requires the development of common standards and an information system adopted by all subjects of forensic expertise, and meets the needs of practice. The development of an information system for forming an expert opinion and automatically forming an expert opinion will allow formalizing and unifying the description of research and results of forensic examinations, optimizing the time of forensic experts and potentially reducing the number of logical, typographical and technical errors, and simplifying quality control of forensic examinations. The proposed system will not only automate the technical work of registration of research results carried out during forensic examinations, but will also contain research algorithms, which will be stored in the form of data on already conducted research of similar objects (list and sequence of operations, identified features and their parameters).


2018 ◽  
Vol 18 ◽  
pp. 194-202
Author(s):  
O. P. Uhrovetskyi ◽  
O. O. Sviderskyi

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.


2016 ◽  
Vol 15 ◽  
pp. 180-188
Author(s):  
M. V. Shepitko

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.


2019 ◽  
Vol 35 (S1) ◽  
pp. 21-21
Author(s):  
Josephine Belcher ◽  
Woroud Alzaher ◽  
Pradnya Naik-Panvelkar ◽  
Renee Granger

IntroductionNPS MedicineWise delivers nationwide educational programs for Australian general practitioners and community pharmacists. Extensive searching and synthesis of published and grey literature is undertaken to inform program design and development. However, this formative research process is lengthy, labour intensive and attempts to pre-emptively answer questions that could arise during design and development, prompting a process re-evaluation.MethodsA more targeted and iterative process was piloted entailing: (i) rapid collation (two weeks maximum) of basic contextual information into a pre-scoping briefing document including high-level statistics on medicines or test usage, key guidelines identification and collation of findings from relevant government and stakeholder reports, (ii) an internal advisory group reviewing the pre-scoping brief and identifying the highest priority research questions that must be answered to inform the design and development of the educational program, (iii) iterative work to answer the highest priority research questions with findings provided to the advisory group fortnightly, involving ad hoc search methods and snowballing techniques to identify pertinent literature quickly, (iv) iterative feedback from the advisory group as to whether the resulting work is adequate and development or whether further information is required, and reprioritisation of the work plan if necessary, and (v) completion of the formative research process within four or five iterations. The new approach was evaluated via surveys of the internal advisory group and staff involved in design and development. Administrative data on staffing and costs using the new approach were also compared with previous data.ResultsThis approach was trialled for three different educational programs. The resulting reports are more targeted, answer specific advisory group questions and take half the time to produce.ConclusionsThis approach can rapidly provide appropriate information to inform program design. The iterative approach has allowed greater responsiveness to changing advisory group priorities and process improvements.


2019 ◽  
Vol 34 (5) ◽  
pp. 619-651
Author(s):  
Laura R. Johnson ◽  
Christopher F. Drescher ◽  
Sophia H. Assenga ◽  
Rachel J. Marsh

Street-connected adolescents in sub-Saharan Africa have been neglected in scholarly research. Extant literature is largely problem focused. This study describes strengths and assets among street-connected youth in Tanzania, using a participatory, mixed methods approach. Adolescents ( N = 38, 13-17 years) in a rehabilitation center for street youth in Northern Tanzania completed a Swahili version of the Developmental Assets Profile (DAP). They engaged in participatory activities designed to capture multiple perspectives and promote maximal engagement. A subsample of youth ( n = 8) took part in photovoice to elucidate contextual details. Although exploratory, we expected (a) participants would have lower scores on the external versus internal domain of the DAP; (b) qualitative methods would support the DAP and provide complementary, contextual information; and (c) participatory methods would be important for providing varied perspectives and engaging youth in the research process. Results revealed a moderately high level of assets, with strengths in constructive use of time and commitment to school. External assets were higher than internal assets; however, different assets were emphasized across different methods. Overall, results supported the DAP framework. The participatory approaches effectively engaged youth and illuminated the culture and context of their development.


Legal Ukraine ◽  
2020 ◽  
pp. 20-25
Author(s):  

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.


2019 ◽  
Vol 14 (2) ◽  
pp. 51-60
Author(s):  
M. V. Zhizhina ◽  
I. R. Yagut’yan

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. 


Author(s):  
Shafei Reza ◽  
Eftekhar Azadeh

This article was done with the aim of surveying the effect of social, economic and cultural variables on the lack of interest in liability insurance (responsibility) of Sanandaj. This study is a kind of practical research and it’s also descriptive with the correlation method of information collection (amassment). The statistic society of the research is all of the engineers, doctors and contractors of Sanandaj that don't use the liability insurance. They were about 650 persons which according to the limitation of statistic society checking (scrutiny), 250 persons were chosen by the random sampling which finally 241 persons took place in the research process. For research data collection, the substantiated questionnaire consisted of 24 locutions and 3 cultural, economic and social scales (criterions) was used based upon the Likret’s five-point spectrum. According to the analysis of collected data, the results showed that the economic and cultural factors have a negative effect on the liability insurance, and totally with the cultural and economic condition increment, the lake of interest in liability insurance will decrease.


2019 ◽  
Author(s):  
Ari Anggara ◽  
Riri Mayliza

This study aimed to determine the effect of consumer dissatisfaction and characteristics of the product category hp to brand switching decision on a regular student workforce management courses 2014-2015 STIE "KBP" Padang. The variable in this study is the Consumer Dissatisfaction (X1), Characteristics Product Categories Hp (X2) and Decision Switching Brands (Y). The sample used is 56 students, the sampling technique uses saturated sampling method. Data collection used a questionnaire, while data analysis techniques were performed using multiple linear regression analysis. The results showed that the variable consumer dissatisfaction had a negative effect (-2.123 <2.021) and was significant (0.038 > 0.05) on the decision to move the brand. Variable characteristics of cellphone product characteristics have a negative effect (-1.013<2,021) and are not significant (0,316> 0,05) on brand transfer decisions. It is expected that the next researcher will be able to use research as a reference which will later provide a comparison in conducting further research. In terms of the number of variables, which in this study, the researchers only use three variables: Consumer Dissatisfaction and Characteristics Product Categories Hp as the dependent variable, and Decision Switching brands as independent variables. Thus, the next researcher can add other variables or intervening variables in the next research process.


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