Bias in Forensic Examination

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.

Methodical Support for Conducting an Expert Research to Establish the Statute of Limitations for the Execution of Documents’ Requisites: Problems of Expert and Judicial Practice

The article addresses the problems of methodical support for establishing the statute of limitations when conducting a forensic document examination, directly affecting the admissibility of an expert’s opinion as evidence in legal proceedings. Establishing the statute of limitations for the execution of documents’ requisites is one of the most demanded tasks when considering all categories of cases – administrative, arbitration, civil, criminal. Analysis of the forensic practice of this type of examination in legal proceedings shows the application of various methods and approaches. Such variety raises questions among both the judicial and legal communities. For example, what existing methods are scientifically substantiated, tested, certified, lead to reliable results, and can be used to solve expert tasks? Which are unsuitable for the use in expert practice, and for what reasons?To confirm the suitability of their author’s developments for forensic examination, individual non-state experts provide various patents and certificates. How legal and permissible is this practice?The article offers a competent analysis of the current situation on the example of the widely used method of “wet copying”

On the Tasks of Forensic Ecology

The article analyses the concept of “a forensic examination’s task” as one of the fundamental terms of forensic expertology. The author demonstrates that it is a part of a broader concept of “the subject of forensic examination”. She also reviews the classification of tasks of forensic examination.Next, the article addresses the tasks of forensic ecological examination, which by their nature, as a rule, are diagnostic. The author presents their definition as a set of actions common to this kind of forensic analysis, formed by an expert based on the questions posed to him. These actions are implemented by converting potential evidentiary information about the negative anthropogenic impact on environmental objects contained in the case materials submitted for examination into up-to-date evidentiary information.

Finding Needle in the Haystack: “Kasur’s Bogeyman” Brought to Justice by Geographic Profiling and Mass DNA Screening

This article describes the application of the concept of geographic profiling in hunting a serial child rapist in Kasur, Pakistan. It also discusses, how DNA became the prime witness against the serial rapist in the court of law. In January 2018, the blind rape and murder case of Zainab Amin hit the headlines. Following autopsy and the subsequent forensic examination, the only piece of evidence, the agencies had, was the DNA profile of the perpetrator and the information that the source of DNA profile is a serial child rapist, involved in at least seven more cases. The analysis of all crime sites and the distance between them strongly suggested that the offender most likely was a local resident. Mass DNA screening in the target region was conducted by CSI teams of Punjab forensic science agency. The DNA matched with suspect number 814 who later confessed all his crimes. In Polygraph examination, the offender revealed his modus operandi which was in line with the hypotheses made during the geographic profiling of the crime scenes. Thus, geographic profiling proved to be a very useful investigative tool in predicting the probable location of the criminal involved in a series of crimes.

PRE-TRIAL CHAMBER. FINDING THE NULLITY OF THE INDICTMENT AND OF THE CRIMINAL PROSECUTION ACTS DUE TO THE BREACH OF THE DEFENDANT'S RIGHT OF DEFENCE

The purpose of this paper is to analyze the limits within which the judge of the pre-trial chamber may order the restitution of the case to the prosecutor, starting from a concrete deed that was the subject of case file no. 5609/245/2018 / a1 pending before the Iaşi District Court and the Iaşi County. In this case, the Pre-Trial Chamber judge considered that the suspect was not given the necessary time to prepare his defense as he was heard as defendant on the same day when he was also heard as a suspect, although when he was heard as a suspect he requested a break for the preparation of the defense, the report on the termination of the criminal prosecution was drawn up on the same day when he was heard, and his request for a forensic examination in question was rejected by the prosecutor, without the court waiting for the submission of the objectives of the expertise. For these reasons, the pre-trial chamber judge considered that it is necessary to find the nullity of all criminal proceedings subsequent to the date and time when the suspect was heard, as he was deprived of the possibility to enforce his defense during the criminal proceedings, a procedural stage that has been completed.