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Forensics

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31 views10 pages

Forensics

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sk248818
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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What is forensics

Forensics or forensic science is the use of scientific principles in issues of law.


Forensic science is the use of science in a legal setting. Forensic scientists can not only aid in
investigations into a crime, but also help determine who the victim and suspect are, what crime was
actually committed, and if the suspect is able to stand trial.

What is scientific evidence


 Scientific evidence is evidence derived from scientific knowledge or techniques.
 Scientific evidence is based on knowledge that has been developed by using the scientific
method. This means that the basis for the evidence has been hypothesized and tested and is
generally accepted within the scientific community. This could mean that the theory on which
the scientific evidence is based has been published in scientific journals and has been
subjected to peer review within the scientific community.
 Most forensic evidence, including genetic evidence, is scientific evidence.

UTILITY OF SCIENTIFIC EVIDENCE

1. Witness evidence is not always helpful


 Voluntariness
 Threat, fearfulness, safety, Cost

2. Poor Figure
 Criminal trial success rate 9.6%

3. Reliability
 More reliable
 Genuineness and reliability can be measured
 Retrievable

4. Evidence extraction methods may lead to human rights violation


 Extra-judicial killing
 Remand
 Torture

Admissibility of Scientific Evidence

Relevancy v. admissibility
Relevancy Admissibility

One fact is said to be relevant to another as Admissibility means that which is acceptable
the one is connected with the other in any in evidence.
of the ways referred to in the provisions of
the EA, 1872 relating to the relevancy of
facts.
Relevancy is based on logical probative. Admissibility is not based on logic, but on law
and strict rules.
Relevant facts are explained in the Act admissibility is explained in the Act sections 56
from sections 5 to 55. to 167.
Rules of relevancy declare certain facts Rules of admissibility lay down as to whether
relevant. a certain form of evidence about relevant fact
may be allowed or excluded.
A fact must be relevant to be admissible

Few Legal Provisions for Scientific Evidence

Provisions Who Forensic area

45, 46, 51 of the EA 1872 Experts Fingerprint, handwriting, not exhaustive


174, 509A CrPC 1898 Medical person Inquest, post-mortem, forensic medicine
and pathology
464 CrPC 1898 Medical person Forensic psychiatry
510 CrPC 1898 Serologists, chemical Ballistics, fire-arms, GSR, fingerprint,
examiners, experts hand writing, forensic chemistry, serology
6, 7 PCA 2012 Experts Digital Forensics

Common Terminologies
Inquest: means an investigation into the cause and circumstances of the death of a person. [Section
174.(1)(c) of the CrPC 1898]
Surat-haal report: a report of the apparent cause of death, describing such wounds, fractures, bruises
and other marks of injury as may be found on the body, and stating in what manner, or by what
weapon or instrument (if any), such marks appear to have been inflicted. [Section 174.(1)(c) of the
CrPC 1898]
Post-mortem: Report by a medical man under section 174.(1)(c) of the CrPC 1898.
Viscera: The word viscera refers to all internal organs in the chest, abdomen, and pelvis. A list of
organs would include the heart, kidneys, uterus, and bladder, among others. The term is the plural of
viscus, which is a Latin word meaning an organ of the body. These organs are commonly referred to
as innards, or, less politely, as guts.
Autopsy: means a post mortem examination of the body of a person, including X-rays and an
examination of the internal organs and structures after dissection, to determine the cause of death or
the nature of any pathological changes that may have contributed to the death.

Branches of Forensics
Forensic Chemistry
 Trace evidence found at crime scenes.
 Fingerprints.
 Urine, blood and other body fluids analysis for poisons and drugs.
 Calibrating Breathalyzer.
 Food adulteration.
 Gas/poison attacks.
 Radioactivity.
 Drugs and narcotics.
 DNA

Forensic chemists use their expertise to help law enforcement by analyzing trace evidence found at
crime scenes. This evidence can include fingerprints taken from the scene and compared with the
prints of suspects; and urine and blood, which are analyzed for poisons and drugs. Forensic chemists
also calibrate breathalyzer machines and testify in drunken driving cases about the devices' accuracy.

Forensic Biology/Pathology
 Diseases and how they affect the body.
 Autopsies, cause, time and manner of someone's death.

Forensic biology, or pathology, deals with diseases and how they affect the body. Forensic
pathologists help law enforcement through autopsies, where scientists determine the cause and
manner of someone's death by examining organs, blood and urine. Based on this information, the
police are able to decide if they should pursue a killer or close the case because someone actually died
of natural causes.

Forensic pathologists, also referred to as medical examiners, are medical doctors focused on
pathology that help investigate the death of a person. Forensic pathologists determine cause of death
and may also examine wounds, injuries and tissue that are relevant to the investigation. While they are
able to perform a great deal of the work conducted by other areas of forensic science, they often work
closely with the specialists from the other fields.

Forensic Dentistry/Odontology
 identify unknown victims and age.
 analyze bite marks to link a suspect to a victim.
 malpractice or personal injury.

Forensic dentists, also known as odontologists, use their training to work in criminal and civil cases.
In criminal cases, they may identify unknown victims by comparing remains to dental records, or
analyze bite marks that can help link a suspect to a victim. Forensic dentists also work in civil cases
that deal with malpractice or personal injury.

Forensic odontologists apply their knowledge of teeth to legal investigations; they can help to identify
victims based on dental records. If complete records are not available, they can use the teeth they do
have to identify age and other identifying markers that can contribute to finding out who a victim is.
They can also analyze bite marks left behind on a victim, both living and deceased, to determine the
guilty party.

Forensic Behavioral Sciences (e.g., Forensic Psychiatry)


 Mental state.
 Ability to stand trial.
 Motive.
 Criminal profiling.
 Mentally disordered offenders. (paraphilia, pedophilia, psychotic behavior, psychopathy, etc.)

This branch of Forensic Science deals with the psychological side of criminals.
Forensic psychologists and psychiatrists can work in criminal cases where issues like a defendant's
fitness to stand trial, testify or decline representation are in dispute. They are also called to render
opinions in civil cases that deal with patients' rights. These types of cases can revolve around issues--
such as involuntary hospitalization, whether a patient can refuse treatment and disability claims.
In addition, forensic psychologists and psychiatrists can act as experts in family law cases---such as
those involving domestic violence, the custody of children and juvenile delinquency.

Forensic entomology
 It applies the study of insects to legal investigations.
 It focuses on the insects that feed on human remains; these particular insects can be used to
determine time and location of death.

Forensic entomology is the study of insects and bugs in criminal cases. Although typically used to
study death, it can also be used to detect drugs or decipher the exact time wounds were sustained. One
of the most common cases in entomology (as frequently seen on forensic science show Forensic Files)
is examining maggots on a body and determining the time of death based on those maggots -
scientists know how long it takes for a maggot to complete each life stage, so the current state of the
maggots is studied. Blow flies, cheese flies, house flies, and the grossly named flesh flies all behave
and reproduce differently from one another. The same goes for the many species of beetles, moths,
mites, bees, and ants. That's a lot of potential evidence, especially since bugs and insects are virtually
everywhere. Forensic scientists had to find ways of gathering additional research on forensic
entomology without losing time by only studying current criminal cases. As a solution, pig carcasses
were studied in various environments because of their similarities to the human body. Forensic
entomology is even popular in films, such as in the moth pupa autopsy scene from Silence of the
Lambs. Going back to the Casey Anthony trial, an entomologist was called in to testify about the
presence of 'late colonizers' in Anthony's trunk, or insects which are only present in a decomposing
body after it's been dead three to four days.

Forensic entomologists apply the study of insects to legal investigations. The most oft-used discipline
in their field is referred to as medicological, and it focuses on the insects that feed on human remains;
these particular insects can be used to determine time and location of death. Forensic entomology can
also be helpful in cases in which the victim is still living; studies conducted by forensic entomologists
have found cases of parents purposely stinging their children with bees and wasps as punishment.

Forensic Toxicology
 Toxic substances (alcohol, drugs, etc.) that are found in victims of crime can be used to help
determine cause, location and other factors of death, injury.

Forensic toxicologists work on investigations where toxic substances are present. Alcohol, drugs and
other substances that are found in victims of crime can be used to help determine cause of death. In
other circumstances, drug and alcohol use can help to determine and narrow down potential suspects.
Forensic scientists can also chemicals present at the time of death to help determine cause, location
and other factors.

Ballistics
 Ballistics is the science of mechanics that deals with the flight, behavior, and effects of
projectiles, especially bullets, gravity bombs, rockets, or the like.
 ballistics is applied in the determination of legal evidence esp. as concerned with the
identification of firearms, ammunition, bullets, and cartridge cases.

Forensic anthropology
 It is concerned with identifying human remains based on the skeleton and other remains.
(terrorist attacks, plane crashes and natural disasters)
 Determines the gender, race and size of a victim, cause and time of death, which helps police
narrow down that person's identity.
 Uses skulls to reconstruct the face of a victim.

Forensic anthropologists work in cases that involve tragedies such as terrorist attacks, plane crashes
and natural disasters when remains need to be identified. Through their examinations, forensic
anthropologists can determine the gender, race and size of a victim, which helps police narrow down
that person's identity. In some cases, forensic anthropologists will use skulls to reconstruct the face of
a victim, and the rendering is released to the public to generate leads.
For the most part, forensic anthropology is concerned with identifying human remains based on the
skeleton; forensic anthropologists can also be of assistance when decomposed remains and cartilage
are present. By studying remains, forensic anthropologists are able to provide identifying markers
such as age, gender, ancestry and unique features of the deceased. Skeletal remains can also help to
determine cause and time of death and whether foul play was involved.
Forensic anthropology involves analyzing the remains of natural disasters, terrorist attacks and plane
crashes.

Bomb and explosive


 Examinations of evidence associated with explosions and bombings.
 Forensic examinations of improvised explosive devices (IEDs), incendiary devices, and their
respective remains.
 Nature of explosives used.

GSR
 Gunshot residue (GSR) is principally composed of burnt and unburnt particles from the
explosive primer, the propellant, as well as components from the bullet, the cartridge case and
the firearm used.
 It can link a person to a specific fire arm.

Fire and arson


 Determines the origin and cause of fire.
 Determines whether it is accidental or intentional by finding an accelerant at the scene of a
fire.

Forensic Podiatry
Forensic podiatry investigates the feet of suspects of victims and footprints at the crime scene. This
branch can determine the estimated weight and even sex of people who entered or left a crime scene.
It can also determine what type of footwear a suspect was wearing, allowing investigators to narrow
down the suspect pool. They can also often tell how far a victim travelled and over what terrain by
studying their feet. In many cases, a forensic podiatrist can also determine which direction a suspect
came from, and in which direction they went after the crime was committed.

Forensic Engineering
This branch of forensics typically investigates personal injury or product liability cases. It focuses on
materials, products and buildings, determining how the item in question was meant to function and
how it actually does function. While it is mostly a part of civil law, it can be used in criminal law
cases to help determine whether a crime was an accident, especially in concern to vehicular crimes. In
many cases, forensic engineering will also investigate patent cases, determining whether two items are
similar enough to warrant a civil suit.

Digital Forensics
This branch of forensic science investigates material found on digital devices, especially computer
crimes. While its primary focus is on computers, it can and does include any device that stores digital
data, including mobile devices, databases and networks. The type of investigations done by digital
forensics varies, though they typically include evidence needed in criminal courts that is obtained
from a computer, evidence derived from the internet, or investigations into network intrusions. This
science can be used to identify a crime, identify culprits, confirm statements and even prove the
authenticity of documents. Digital forensics is one of the largest and most complex parts of forensic
science.

Forensic Botany
A forensic botanist knows that there is such thing as a gruesome plant. Forensic science developed
forensic botany to cleverly research the nature of a crime using the plants found on or around the
victim's body. If the body lies in the park but contains plant matter only found across town by the
river, forensic botanists can conclude that the body has been moved. According to Contact Traces
(Marriner, 1991), a criminal always takes or leaves something from the scene of the crime - and they
aren't the only ones with fingerprints. Plants have 'fingerprints' as well, and trace evidence of those
fingerprints can sometimes link a criminal to the victim. The first instance of forensic botany to be
used in trial was during the infamous Lindbergh trial, when the discovery of a piece of wood in the
criminal's attic was examined. The wood grain exactly matched that of a ladder at the scene of the
crime. Forensic science even utilized botany in the recent Casey Anthony; forensic botanist Jane Bock
testified that Caylee Anthony's, grown through with roots and leaves, could have been sitting in the
woods for as little as two weeks - significantly less than prosecutors had believed. Unfortunately,
Casey Anthony went free despite obviously having a hand in her child's death. Forensic science can't
solve everything.

Forensic Limnology
Similar to forensic botany and entomology, the forensic science of limnology utilizes the environment
around a crime scene to discover clues. Specifically, limnology studies freshwater sources around the
crime scene, and is particularly useful in drowning cases. A drowning victim may decompose
significantly in only a short period of time if he or she is immersed in water after death, which can
significantly decrease the amount of evidence found in or on the victim's body. Limnology studies
diatoms, or algae, to discover whether the person died from drowning or not. A drowning victim will
retain diatoms within the lungs and all throughout other internal organs as well, having inhaled water
before death. Limnology can also help locate where and when the person was killed, both using the
freshwater flora inside the body and studying the development of that flora

Forensic Geophysics
Fred West was a cruel British serial killer who, along with the help of his equally demented wife,
murdered as many as 13 young girls. The recovery of multiple bodies buried on his property was
sparked after he filmed himself raping two of his own daughters, and the girls told people at school
who consequently told the police. Once West began confessing, a technique called forensic
geophysics was utilized to uncover the bodies and prosecute West for as many crimes as possible. The
forensic geophysics branch of forensic science uses Ground Penetrating Radar (GPR) to send
electromagnetic waves into the ground, which bounce back with a length dependent upon what
objects are beneath the ground's surface. Initially invented as a mine detector, GPR was a huge
advance in the 90s, but definitely had its flaws. Looking for a small object (such as a shoebox) was
nearly impossible, as GPR works better when detecting bulkier objects.

Forensic Metereology
Forensic science's branch of meteorology utilizes witness accounts, weather reports, and satellite
images to determine the weather conditions at the time/scene of a crime. The most frequent usages for
forensic meteorology are in murder or insurance fraud investigations.

Forensic Astronomy
Another relatively mild field of forensic science is forensic astronomy, which studies celestial objects
to decipher past celestial constellations. In turn, these constellations can be compared to the past to
figure out details about historical events or classic works of art. Forensic astronomy is not often used
in trial, but one example of its usefulness in solving crimes can be in photography. Two pictures taken
at the same event of the same person can be studied by looking at the shadows within the pictures.
The difference between the shadows and the time of day can tell forensic astronomers much about the
photograph.

Forensic Archaeology
Forensic archaeologists combine forensic science and archaeological principles to aid investigators in
uncovering and processing evidence. They can uncover evidence such as items buried with a victim,
safely uncover buried victims so as not to tamper with the evidence and reconstruct events that took
place prior to the occurrence of a crime. This science is also useful in processing the items that may
have covered a victim, such as leaves or fallen walls, providing the investigation with information
concerning the crime itself and its timing. They can also aid in uncovering mass graves, as well as
providing information for civil court cases concerning boundary disputes. This branch of archaeology
provides priceless information to the investigation concerning the way in which a victim died, how
they were killed and under what circumstances they were buried.

Forensic artists & sculptors


Forensic artists can draw a likeness of a person based solely on eyewitness accounts. Modern
techniques of computer animation are increasingly used in the process. Forensic sculptors can
reconstruct faces, usually in modeling clay or on a computer from skulls or other fragments. The
expertise may enable the police to find out who a person was when no other clues are available. This
technique was found extremely useful in Mumbai blasts investigation where the face of the suspect
who was allegedly killed in the blast was also reconstructed with the help of this technology.

Forensic Geology
Forensic geologists can determine such things as where the suspect or victim walked by examining
soil samples taken from their shoes or feet.

Forensic Serology
Forensic serology is the study of blood groups, blood, and other bodily fluids for identification
purposes following a crime. Forensic serologists also carry out DNA fingerprinting, which offers the
possibility of positive identification of an individual from samples of blood or semen.

Principles of Forensic Sciences


There are 7 basic principles of Forensic Sciences:
Law of Individuality

Law of Individuality
Every object natural or man made has individual charateristics that is not duplicated in any
other object. The individuality has been verified in certain fields. The most extensive work
has been carried out in fingerprints. The law of individuality is of fundamental importance in
forensic science.
Every object, artificial or otherwise is unique.
Although from a distance, objects of the same morphology, class etc. may seem the same, the
devil is always in the details.
Fingerprints, DNA may all be similar but they are distinctly unique.
Every object, natural or man-made, has an individuality, which is not duplicated in any other
object It is unique. Neither the nature has duplicated itself, nor man can.
Example:
Currency notes
Typewriters
Seeds of plants
Laptops...
Principle of Exchange
According to this, when a criminal or his instrument of crime comes in contact with the
victim or the objects surrounding him, they leave traces, and the criminal or his instrument
picks up traces from the same contact.
The exchange principle is commonly known as Edmond Locard’s maxim on interchange
“that a person or persons at a scene where a crime has been committed will almost always
leave or take something away”
Dr. Edmond Locard, a French criminalist, sometimes referred to as the "Sherlock Holmes of
France: Whenever two entities come in contact there is an exchange of traces mutually.
Example:
Shoeprints
Blood
Fingerprints
Fiber...

Law of Progressive Change


Everything changes with the passage of time.
Its impact on forensic science is immense.
“Change is inevitable”.
This also applies to all objects although it may take different objects different time spans.
Samples will degrade with time (e.g. DNA), bodies decompose, tire tracks & bite-marks fade
and the list goes on and on…

The criminal undergoes rapid changes. If he is not apprehended in time, he becomes


unrecognizable except perhaps through his fingerprints, bone fractures or other characteristics
of permanent( comparatively speaking ) nature which are not always available.
The scene of occurrence undergoes rapid changes. The weather, the vegetable growth, and the
living beings (especially human-beings) make extensive changes in comparatively short
periods. Longer the delay in examining the scene, greater will be the changes. After some
time , the scene may become unrecognizable.
The objects involved in crime change gradually, the firearm barrels loosen, metal objects rust,
the shoes suffer additional wear and tear and the tools acquire new surface patterns. In course
of time the objects may lose all practical identity vis-à-vis a particular crime.

Law of Comparison
Only the likes can be compared – and it is the law of comparison.
It emphasizes the necessity of providing like samples and specimen for comparison with the
questioned sample.

Samples can only be compared to like samples; be it reference, questioned or control


samples.
A questioned hair can only be compared to another hair sample, same with tool marks, bite
marks, DNA…
Example:
If the blood found on the scene of crime is A Rh+ve then it cannot be compared with the
person having other blood group...
In a murder case, a bullet is recovered from the deceased. The expert opines that the bullet
has been fired from a firearm firing high velocity projectiles like a service rifle. It is futile to
send shotguns, pistols or revolvers as the possible suspect firearm.
A bunch of hair is recovered from the hands of a deceased. The expert opines that the hair
belong to a Negroid person. Hair from persons of white races for comparison will not be of
any use.
The questioned writing is found to have been writing with a ball pen. To send fountain pen as
a likely instrument of writing is futile.

Law of Analysis
The analysis can be no better than the sample analyzed, its chain of custody, its handling and
the person analyzing it.
The principle emphasizes the necessity of correct sampling and packaging for effective use of
experts.
Example:
Blood drops found in two sites at the same scene may not belong to one person.
Law of Probability
It determines the chances of occurrence of a particular event in a particular way or fail to take
place with equal facility.
All the identifications, definite or indefinite, are made consciously or unconsciously, on the
basis of probability.
Forensics is all about percentage chance. All conclusions derived after an analysis are
dependent on method used and their accompanying advantages & shortcomings which are all
factored in the end result.
Probability is the mathematical concept.
It determines the chances of occurrence of a particular event in a particular way out of a
number of ways in which the event can take place or fail to take place with equal facility.
Probability of an event = (# of ways it can happen) / (total number of outcomes)

Law of Circumstantial Facts


Facts do not lie, men can and do, hence the importance of circumstantial evidence is as good
as oral evidence.
Oral evidence depends upon so many factors such as power of observation, assimilation, auto
suggestion.
Man (Eye witnesses, victims) when giving evidence may not always be accurate. They may
intentionally lie or many have shortcomings e.g. poor senses (sight, hearing…), exaggeration
and assumptions.
However, evidence which in turn provides a factual account has a higher percentage chance
of accuracy and therefore highly reliable.
True belief only becomes knowledge when backed by some kind of investigation and
evidence (Karl Marx).
But ‘facts’ can also be created
A person is killed in an accident firing. The relatives want to implicate their opponents. They
procure an unlicensed firearm, fire a cartridge, place it at the scene and plant the firaram on
the opponent.
The police recovers the shell and the firearm. The shell is married to the firearm. The police
prosecutes the person.
A person is in the armed forces. He is seen carrying out duty upto 1 A.M. in the unit. He slips
through the guarded premises, goes about a hundred miles, and commits a murder, returns to
his unit, enters into the guarded premises secretly and is present on his duty at 7-30 A.M. By
circumstantial evidence he proves his presence in the unit throughout the night.

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