scholarly journals Role of DNA Profiling in Criminal Investigation Based Leading Case Laws

2021 ◽  
Vol 16 (3) ◽  
Author(s):  
Sumera Qureshi ◽  
Ram Prakash ◽  
Subhash Chandra Gupta

Forensic science has a great contribution in crime prevention and criminal justice by fair investigation. Its applications in crime prevention and investigation is essential to know the best possible and nearest justice to put those criminals behind the bars whose tendency is to destroy all proofs and evidences. DNA Profiling/Typing is one of the techniques of forensic technology which is used to investigate and find justice in most of the trials. The present communication deals with the contribution of DNA-Profiling in criminal investigation in Indian criminal justice, its evidentiary value and also the features of DNA Bill 2017. Material (evidences) collected to process, identify and compare to know evidentiary value of evidences. Under forensic science inter se the linkage between occurrence of crime, the criminals, the victims, the weapons, place and time are established whether it may be absence or presence by forensic science. We can say that there is an urgent and silent need for the application of the forensic science in present indian justice system. Forensic science perform many functions like establishing corpus delicti (Body of crime), determines the modus oprandi of the crime (Method of doing something) identifies the criminal and also identify the victims. DNA is a hereditary material of each living organism’s passes from parents to their offspring through inheritance. In most of the criminal and civil investigations the fair identification of criminals/heirs, parentage and other identification of individuals has been one of the biggest problem. This paper is established on secondary data collected through different online/offline sources and their analysis, which include research papers by different researchers, articles, journals, conference proceedings, periodicals, text books and available digital data analyzed for relevant application of forensic science in law.

Author(s):  
Rajesh K. Yadav ◽  
Sarvesh Mohania

A grievance is defined as a wrong or immoral suffered which creates ground for a complaint. In other words, dissatisfaction of customer on a product or service offered by a manufacturer or a service provider. The study focuses on the grievance management in life insurance services by the insurance ombudsman in India. In today’s scenario of insurance market, with the large volume of insurance transactions and huge customer size, it is an accepted fact that there will be growing number of policyholder grievances for every insurance providing company. The study is based on the secondary data collected from IRDA and research papers from various journals. The study concluded that in grievance management role of insurance ombudsman is very important and constant increase in number of complaints received by various Ombudsman all across the India shows that the policy-holders are gaining their confidence and trust in the institution of Insurance Ombudsman.


2019 ◽  
Vol 2 (1) ◽  
pp. 35-46
Author(s):  
MUHAMMAD RIZAL LAMPATTA

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore, it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in implementation Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source, i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research, and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act/mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional worker based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.


2018 ◽  
Vol 1 (2) ◽  
pp. 199-210
Author(s):  
Lifiana Tanjung

Professional Social Workers according to Article 1 paragraph (14) of Law Number 11 of 2012 on the Criminal Justice System of Children in the Class IA Court of Padang the child as a witness has been damping by social workers but in practice not all children who witnessed accompanied by social workers the. The problem discussed is how the role of Social Worker in Child assistant as Witness and constraint and optimization of social worker role in child assistance as witness to criminal justice process in Class Court of First Class A Padang Specification of this research is analytical descriptive research with sociological juridical approach. The data used are primary data and secondary data, The data obtained are analyzed qualitatively and presented in the form of analytical descriptive. Based on the research result, the role of social workers in assisting the child as witness in the judiciary is to make the child social report to be used as the guidance of the court hearing. Social workers should be able to make children express opinions and express themselves freely. Listen to the child's opinion of a criminal incident he / she has heard, seen and experienced by himself / herself. Social Workers should create an atmosphere of discussion that does not make children more cornered. The obstacles faced by social workers in their role as witness counselors are the limited number of social workers, scholarly backgrounds or non-supportive counselors, lack of cooperation network, time of implementation of assistance that is sometimes not in accordance with the plan, has no shelter for children so it should find a place of reference for the child. Optimizing the role of social workers in assisting children as witnesses is to equip judges on the understanding of social research


2008 ◽  
Vol 7 (3) ◽  
pp. 387-412 ◽  
Author(s):  
Amade M'charek

AbstractForensic DNA practice is about identification and thus about making individuality. Yet in order for this to be possible an individual has to be placed in a population, a precondition which has caused problems for the forensic community. For given the lack of a standard biological definition, what is a population? Meanwhile forensic DNA has come of age, bypassing the problem of population, irrespective of the definition applied, through scale and the availability of technology. This article examines three practices of profiling: 1) "conventional" DNA profiling, 2) inferring visible traits from DNA, 3) and inferring visible traits from surveillance recordings. Their juxtaposing can be read in two ways: as a linear story of the ever-growing role of forensic DNA in criminal investigation or as topological story of different versions of the same practice of DNA profiling.


2018 ◽  
Vol 1 (1) ◽  
pp. 53-60
Author(s):  
Jefrizal Jefri

Passage 81 and 82 of Law Number 35 Year 2014 about The Changing of the Law Number 23 Year 2002 regulate about sanction to the agent of violence. The Law underlines to give effect and push the concrete steps in maintenance physic, psychic, and social of children. The violence is bad action. Children often become victims of this violence.The problems in this study are: First, how is the role of Bukittinggi Resort Police in crime prevention to children? Second, what are the obstacles faced by Bukittinggi Resort Police in crime prevention to children and how to solve it? The specification of this research is descriptive analytic. The method uses in this research is the normative and juridical empiric method. The techniques of collecting data uses are field study by interviewing for the primary data and library study for the secondary data. Then, the data analyzed qualitatively in descriptive analysis form. From the research results obtained several conclusions: First, role of Bukittinggi Resort Police in crime prevention to children done through preventive and repressive efforts. The preventive through socialization to pupils, parents and schools.Therefore, the repressive efforts by prohibition effort and investigation.The prohibition of crime prevention to children by socialite.The efforts of investigation suitable by police such as investigation, etc. Second, the obstacles faced by Bukittinggi Resort Police in crime prevention to children is lack of enthusiasm children, societies and teachers and development of technology and information. Others, the obstacles in investigation are unwished of victim to report, difficult to evidence, there are so many requirements should be done and limitation of investigation fund. The efforts to solve the problems are socialite, increase investigation, socialite regulation of ITE, coordination of many sides and increasing of fund.


2020 ◽  
Vol 2 (2) ◽  
pp. 40-56
Author(s):  
Bunyamin Muhammad Yafid ◽  
Abd. Kahar Muzakkir

Judicial institutions, as law enforcement agencies in the Criminal Justice System, are a foundation of hopes for justice seekers, as based on Article 2 section (4) of Law No. 48 of 2009, regulates that “the Court is done simply, quickly, and at a low cost”. Therefore, this study aims to determine the implementation of the Supervision and Observation Judge's role and the obstacles that affect the Supervision and Observation Judge's performance in implementing Court Decisions in the Penitentiary. This study uses two types of research, namely normative legal research and empirical legal research. This research was conducted at the Makassar Class I Penitentiary and the Makassar Class IA District Court. The types of data used in this study include primary data and secondary data. The data that has been collected is then processed descriptively qualitatively. The results of the study concluded that the implementation of the role of the Supervision and Observation Judge in the implementation of the decision of the Makassar Class IA District Court at the Makassar Class I Penitentiary has not run optimally, because between The Supervision and Observation Judge and the Head of the Penitentiary rarely meet and discuss guidance issues for Inmates at the Penitentiary. The obstacles in implementing the role of the Supervision and Observation Judge at the Penitentiary include the problem of insufficient funds available for operational supervision and observation and the absence of special staff to assist the Supervision and Observation Judge in recording their Inmates. Therefore, more specific implementing regulations are needed to certify that the judgment is being properly executed and under the laws and regulations in Indonesia. Furthermore, there is a need for effective cooperation between the Supervision and Observation Judge and the Penitentiary Officers, who must always coordinate as one unit in an integrated Criminal Justice System.


2019 ◽  
Vol 2 (1) ◽  
pp. 47-57
Author(s):  
HERLINA SULAIMAN

The perpetrator of the criminal act of the child cannot be equated with criminal adults. Therefore it needs more attention in the case of children. However, the child is the successor Nations that should be developed physically and mentally. The purpose of this research is to analyze the role of the Ombudsman in the performance of Marisa Polres versioned as well as analyze constraints are faced by Investigators in Marisa Polres versioned. This type of research is research used empirical research focus i.e. normative on secondary data sources (research libraries). This research uses the main data source i.e. secondary data, backed up with primary data sources. Secondary data is used that is derived from legislation such as the ACT on the criminal justice system of the child, the child protection ACT, Act No. 8 Of 1981 Year Book of the Police Act, Police ACT and some of the literature-literature as well as the results of his research,  and books related to the role of the Ombudsman in conducting versioned on criminal act committed by the child. Research results show that Marisa Polres in performing the investigation is a criminal act committed by the child by women and children protection Unit (UPPA). Starting from the stage of investigation, arrest, detention up at the stage of investigation conducted in accordance with the mandate of the ACT on the criminal justice system. Investigators in conducting versioned, get consideration from BAPAS. In addition, the investigators also act as mediator to conduct deliberations involving the child and the parent/guardian, the victim and the parent/guardian, supervisor of community, social professional pekera based on approach restorative. Obstacles faced by Investigators in the conduct of Marisa Polres diversion that is not yet the existence of BAPAS in counties Marisa so complicate investigators to coordinate-in terms of asking for consideration in doing versioned. In addition the party victims sometimes do not want to make peace so that the attempted diversion by Investigators was not achieved.


2015 ◽  
Vol 370 (1674) ◽  
pp. 20140264 ◽  
Author(s):  
Ate Kloosterman ◽  
Anna Mapes ◽  
Zeno Geradts ◽  
Erwin van Eijk ◽  
Carola Koper ◽  
...  

In this paper, the importance of modern technology in forensic investigations is discussed. Recent technological developments are creating new possibilities to perform robust scientific measurements and studies outside the controlled laboratory environment. The benefits of real-time, on-site forensic investigations are manifold and such technology has the potential to strongly increase the speed and efficacy of the criminal justice system. However, such benefits are only realized when quality can be guaranteed at all times and findings can be used as forensic evidence in court. At the Netherlands Forensic Institute, innovation efforts are currently undertaken to develop integrated forensic platform solutions that allow for the forensic investigation of human biological traces, the chemical identification of illicit drugs and the study of large amounts of digital evidence. These platforms enable field investigations, yield robust and validated evidence and allow for forensic intelligence and targeted use of expert capacity at the forensic institutes. This technological revolution in forensic science could ultimately lead to a paradigm shift in which a new role of the forensic expert emerges as developer and custodian of integrated forensic platforms.


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